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Document - Historical information/data - Eagan City Code, Looseleaf Supplement as of January 1998 - 1/1/1998CITY. CODE CITY OF EAGAN a CITY CODE CITY OF EAGAN MINNESOTA Municipal Code • • • SUPPLEMENT NO. 2 January 1998 CITY CODE City of EAGAN, MINNESOTA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 243, 2nd, enacted August 19, 1997. See the Code Comparative Table for further information. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) CD2:1, CD2:2 CD2:1, CD2:2 CD2:11, CD2:12 CD2:11, CD2:12 CD4:1 CD4:1 CD4:25—CD4:29 CD4:25, CD4:26 CD5:9, CD5:10 CD5:9, CD5:10 CD5:17—CD5:20 CD5:17—CD5:20 CD11:3, CD11:4 CD11:3—CD11:4.1 CD11:9—CD11:12.1 CD11:9—CD11:12.1 CD11:15—CD11:24 CD11:15—CD11:24.1 CD11:33, CD11:34 CD11:33, CD11:34 CD11:37—CD11:50 CD11:37—CD11:50.8 CD11:57—CD11:66 CD11:57—CD11:66 CCT:7, CCT:8 CCT:7, CCT:8 CDi:1, CDi:2 CDi:1, CDi:2 CDi:5—CDi:8 CDi:5—CDi:8 CDi:19—CDi:30 CDi:19—CDi:30 CDi:37—CDi:40 CDi:37—CDi:40 CDi:47, CDi:48 CDi:47, CDi:48 CDi:61—CDi:64 CDi:61—CDi:64 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE • • • Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC CD3:13, CD3:14 OC iii OC CD3:15 OC vii, viii OC CD4:1 2 ix OC CD4:3, CD4:4 OC xi OC CD4:5, CD4:6 OC xii.i, xii.ii 1 CD4:7, CD4:8 OC xiii 1 CD4:9, CD4:10 OC CD1:1 OC CD4:11, CD4:12 OC CD1:3, CD1:4 OC CD4:13, CD4:14 OC CD1:5, CD1:6 OC CD4:15, CD4:16 OC CD1:7, CD1:8 OC CD4:17, CD4:18 OC CD1:9 OC CD4:19, CD4:20 OC CD2:1, CD2:2 2 CD4:21, CD4:22 OC CD2:3, CD2:4 OC CD4:23, CD4:24 OC CD2:5, CD2:6 OC CD4:25, CD4:26 2 CD2:7, CD2:8 OC CD5:1, CD5:2 OC CD2:9, CD2:10 OC CD5:3, CD5:4 1 CD2:11, CD2:12 2 CD5:5, CD5:6 1 CD2:13, CD2:14 OC CD5:6.1 1 CD2:15, CD2:16 OC CD5:7, CD5:8 OC CD2:17, CD2:18 OC CD5:9, CD5:10 2 CD2:19, CD2:20 OC CD5:11, CD5:12 OC CD2:21, CD2:22 OC CD5:13, CD5:14 OC CD2:23, CD2:24 OC CD5:15, CD5:16 OC CD3:1 OC CD5:17, CD5:18 2 CD3:3, CD3:4 OC CD5:19, CD5:20 2 CD3:5, CD3:6 OC CD5:21, CD5:22 OC CD3:7, CD3:8 OC CD5:23 OC CD3:9, CD3:10 OC CD6:1 1 CD3:11, CD3:12 OC CD6:3, CD6:4 OC Supp. No. 2 [1] EAGAN CODE Page No. Supp. No. Page No. Supp. No. CD6:5, CD6:6 OC CD10:31, CD10:32 OC CD6:7, CD6:8 OC CD10:33, CD10:34 OC CD6:9, CD6:10 OC CD10:35, CD10:36 OC CD6:11, CD6:12 OC CD10:37, CD10:38 OC CD6:13, CD6:14 OC CD11:1 OC CD6:15, CD6:16 OC CD11:3, CD11:4 2 CD6:17, CD6:18 OC CD11:4.1 2 CD6:19, CD6:20 OC CD11:5, CD11:6 OC CD6:21, CD6:22 1 CD11:7, CD11:8 OC CD6:23, CD6:24 1 CD11:9, CD11:10 2 CD6:24.1 1 CD11:11, CD11:12 2 CD6:25, CD6:26 OC CD11:12.1 2 CD6:27, CD6:28 OC CD11:13, CD11:14 OC CD6:29, CD6:30 OC CD11:15, CD11:16 2 CD6:31, CD6:32 OC CD11:17, CD11:18 2 CD6:33, CD6:34 OC CD11:19, CD11:20 2 CD6:35, CD6:36 1 CD11:21, CD11:22 2 CD6:37, CD6:38 1 CD11:23, CD11:24 2 CD7:1 OC CD11:24.1 2 CD7:3, CD7:4 1 CD11:25, CD11:26 OC CD7:5, CD7:6 1 CD11:27, CD11:28 OC CD7:6.1 1 CD11:29, CD11:30 OC CD7:7, CD7:8 OC CD11:31, CD11:32 OC CD7:9, CD7:10 OC CD11:33, CD11:34 2 CD7:11, CD7:12 OC CD11:35, CD11:36 OC CD8:1 OC CD11:37, CD11:38 2 CD8:3, CD8:4 OC CD11:39, CD11:40 2 CD8:5, CD8:6 OC CD11:41, CD11:42 2 CD8:7, CD8:8 OC CD11:43, CD11:44 2 CD8:9 OC CD11:45, CD11:46 2 CD9:1 OC CD11:47, CD11:48 2 CD9:3, CD9:4 OC CD11:49, CD11:50 2 CD9:5, CD9:6 OC CD11:50.1, CD11:50.2 2 CD9:7, CD9:8 OC CD11:50.3, CD11:50.4 2 CD10:1 OC CD11:50.5, CD11:50.6 2 CD10:3, CD10:4 OC CD11:50.7, CD11:50.8 2 CD10:5, CD10:6 OC CD11:51, CD11:52 1 CD10:7, CD10:8 OC CD11:53, CD11:54 1 CD10:9, CD10:10 OC CD11:54.1 1 CD10:11, CD10:12 OC CD11:55, CD11:56 OC CD10:13, CD10:14 OC CD11:57, CD11:58 2 CD10:15, CD10:16 OC CD11:59, CD11:60 2 CD10:17, CD10:18 OC CD11:61, CD11:62 2 CD10:19, CD10:20 OC CD11:63, CD11:64 2 CD10:21, CD10:22 OC CD11:65, CD11:66 2 CD10:23, CD10:24 OC CD11:67, CD11:G8 OC CD10:25, CD10:26 OC CD11:69, CD11:70 OC CD10:27, CD10:28 OC CD11:71, CD11:72 OC CD10:29, CD10:30 OC CD11:73, CD11:74 OC Supp. No. 2 [2] • • • Page No. CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. CD11:75, CD11:76 OC CDi:1, CDi:2 2 CD11:77, CD11:78 OC CDi:3, CDi:4 OC CD11:79, CD11:80 OC CDi:5, CDi:6 2 CD11:81, CD11:82 OC CDi:7, CDi:8 2 CD11:83, CD11:84 OC CDi:9, CDi:10 1 CD11:85, CD11:86 OC CDi:10.1 1 CD11:87, CD11:88 OC CDi:11, CDi:12 OC CD11:89, CD11:90 OC CDi:13, CDi:14 OC CD11:91, CD11:92 OC CDi:15, CDi:16 OC CD11:93, CD11:94 OC CDi:17, CDi:18 OC CD11:95, CD11:96 OC CDi:19, CDi:20 2 CD11:97, CD11:98 OC CDi:21, CDi:22 2 CD11:99, CD11:100 OC CDi:23, CDi:24 2 CD11:101, CD11:102 OC CDi:25, CDi:26 2 CD11:103, CD11:104 OC CDi:27, CDi:28 2 CD11:105, CD11:106 OC CDi:29, CDi:30 2 CD11:107, CD11:108 OC CDi:31, CDi:32 1 CD11:109 OC CDi:32.1 1 CD12:1 OC CDi:33, CDi:34 OC CD13:1 OC CDi:35, CDi:36 OC CD13:3, CD13:4 OC CDi:37, CDi:38 2 CD13:5, CD13:6 OC CDi:39, CDi:40 2 CD13:7, CD13:8 OC CDi:41, CDi:42 OC CD13:9, CD13:10 OC CDi:43, CDi:44 OC CD13:11, CD13:12 OC CDi:45, CDi:46 OC CD13:13, CD13:14 OC CDi:47, CDi:48 2 CD13:15, CD13:16 OC CDi:49, CDi:50 OC CD13:17, CD13:18 OC CDi:51, CDi:52 OC CD13:19, CD13:20 OC CDi:53, CDi:54 OC CD13:21, CD13:22 OC CDi:55, CDi:56 OC CD13:23, CD13:24 OC CDi:57, CDi:58 OC CD13:25, CD13:26 OC CDi:59, CDi:60 OC CD13:27, CD13:28 OC CDi:61, CDi:62 2 CD13:29, CD13:30 OC CDi:63, CDi:64 2 CD13:31, CD13:32 OC CD13:33, CD13:34 OC CD13:35, CD13:36 OC CD13:37, CD13:38 OC CD13:39, CD13:40 OC CD14:1 OC CD14:3, CD14:4 OC CD15:1 OC CD25:1 OC CD25:3, CD25:4 OC CCT:1 OC CCT:3, CCT:4 OC CCT:5, CCT:6 OC CCT:7, CCT:8 2 SLT:1, SLT:2 OC Supp. No. 2 [3] • • • Chapter 2 ADMINISTRATION AND GENERAL GOVERNMENT* Sec. 2.01. Authority and purpose. Sec. 2.02. Council meetings —Time and place. Sec. 2.03. Special meetings. Sec. 2.04. Council procedure at regular meetings. Sec. 2.05. City seal. Sec. 2.06. Right to administrative appeal. Sec. 2.07. Rules of procedure for appeals and other hearings. Sec. 2.08. Facsimile signatures. Sec. 2.09. City administrator. Sec. 2.10. Interim emergency succession. Sec. 2.11. Salaries of mayor and councilmembers. Sec. 2.12. Workers' compensation. Sec. 2.13. City clerk -treasurer. Sec. 2.14. Mayoral term of office. Sec. 2.15. Even -year election. Secs. 2.16-2.29. Reserved. Sec. 2.30. Departments generally. Sec. 2.31. Police department. Sec. 2.32. Fire department. Sec. 2.33. Legal department. Sec. 2.34. Public works department. Sec. 2.35. Protective inspections department. Sec. 2.36. Planning and zoning department. Sec. 2.37. Park and recreation department. Sec. 2.38. Issuance of citations. Secs. 2.39-2.49. Reserved. Sec. 2.50. Advisory commissions and committees generally. Sec. 2.51. Advisory planning commission. Sec. 2.52. Advisory parks commission. Sec. 2.53. Advisory board of adjustments and appeals. Secs. 2.54-2.69. Reserved. Sec. 2.70. Disposal of abandoned motor vehicles, unclaimed property and excess prop- erty. Sec. 2.71. Personnel rules and regulations. Sec. 2.72. Franchises. Sec. 2.73. Absentee ballot counting board. Sec. 2.74. Special assessment policy. Sec. 2.75. Deferment of special assessments. Sec. 2.76. Partial prepayment of special assessments. *Cross references —Reference to a public official, § 1.11; municipal and public utilities — rules and regulations, rates, charges and collections, ch. 3; administration of beer, wine and liquor regulations, § 5.02; administration and enforcement of land use regulations, § 11.40; administration and enforcement of subdivision regulations, § 13.40. State law reference —Statutory cities, Minn. Stat. § 412.013 et seq. Supp. No. 2 CD2:1 EAGAN CODE Sec. 2.77. Emergency preparedness plan. Sec. 2.78. Building numbers. Sec. 2.79. Community investment fund. Sec. 2.80. Local lodging tax. Secs. 2.81-2.98. Reserved. Sec. 2.99. Violation a misdemeanor. Supp. No. 2 CD2:2 • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.50 Sec. 2.38. Issuance of citations. Subd. 1. Except as otherwise provided by statute, only a peace officer and part-time peace officer may: A. Ask a person receiving a citation to give a written promise to appear in court; or B. Take a person into custody as permitted by Minn. Stat. § 629.34. Subd. 2. The following city individuals may issue citations in lieu of arrest or continued detention for violation of the City Code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the council. A. Peace officers and part-time peace officers. B. Reserve officers. C. Community development director, senior planner, planner, associate planner, and planning aide. D. Chief building official and building inspectors. E. Sign inspectors. F. Director of public works and engineering technicians. G. Fire inspection officers. H. Animal control officers. I. Community service officers. J. Water resources coordinator. (Ord. No. 62, 2nd series, eff. 6-24-88; Ord. No. 121, 2nd series, eff. 7-26-91; Ord. No. 146, 2nd series, eff. 8-28-92; Ord. No. 226, 2nd series, eff. 11-4-96; Ord. No. 238, 2nd series, eff. 8-5-97) Secs. 2.39-2.49. Reserved. Sec. 2.50. Advisory commissions and committees generally. All advisory commission and committee appointments authorized by ordinance or resolu- tion shall be made by the council at the second regular meeting in January of each year or at such other time as determined by the council and such appointments confirmed prior to the expiration of the existing terms. The term of each appointee shall be established and stated at the time of his appointment. Each commission or committee shall be composed of seven regular members who shall serve staggered (two or three members subject to appointment each year) three-year terms, unless otherwise required by statute, Code or resolution. However, no member may serve more than three consecutive three-year terms or more than nine consecutive years on any one commission or committee. An eighth member shall be appointed to each commission or committee as an alternate for a period of one year and shall have all of the powers and duties of a commission or committee member during the absence or disability of a regular member. Notwithstanding the provisions of this section, the council may by resolution establish special ad hoc committees or groups consisting of any number of members Supp. No. 2 CD2:11 § 2.50 EAGAN CODE appointed for periods at the council's discretion. New appointees shall assume office at the first meeting of the commission or committee after appointment. However, all appointees to commissions and committees shall hold office until their successors are appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term. No appointed commission or committee member shall be an employee of the city, but an ex officio member may be so employed. All appointed commission and committee members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the council before they were incurred. The chairman and secretary shall be chosen from and by the commission and committee membership to serve for the current year. Any commission or committee member may be removed by the council for misfeasance, malfeasance or nonfeasance in office and his position filled as any other vacancy. Each commission and committee shall hold its regular meetings at a time established and approved annually by the commission or committee. All members shall be residents of the city. The city administrator shall be an ex officio member of all commissions and committees, provided that he may be represented by his assistant or some person duly authorized by him. All commissions and committees shall act as advisory to the council. Except as otherwise provided, this section shall apply to all commissions and committees. (Code 1983, § 2.50, eff. 1-1-83; Ord. No. 53, 2nd series, eff. 4-8-88) Sec. 2.51. Advisory planning commission. Subd. 1. Establishment. An advisory planning commission is hereby established. Subd. 2. Powers and duties. The advisory planning commission shall have all the powers and duties defined or granted in the statutes and the City Code relating to planning, zoning and subdivision regulations and shall act in an advisory capacity to the council in all of such areas. (Code 1983, § 2.51, eff. 1-1-83; Ord. No. 53, 2nd series, eff. 4-8-88) Sec. 2.52. Advisory parks commission. Subd. 1. Establishment. An advisory parks commission is hereby established. The director of parks and recreation, by reason of his position, shall be an ex-officio member. Subd. 2. Powers and duties. The advisory park commission shall make recommendations as to acquisition of park sites and facilities, park programs, operation of public parks, park budgets and general development of recreational facilities within land developments. (Code 1983, § 2.52, eff. 1-1-83; Ord. No. 113, 2nd series, eff. 4-12-91; Ord. No. 236, 2nd series, eff. 7-1-97) Sec. 2.53. Advisory board of adjustments and appeals. Codifier's note —The advisory board of adjustments and appeals (zoning) is provided for in chapter 11 of the City Code. (Code 1983, § 2.53, eff. 1-1-83) Supp. No. 2 CD2:12 • • Chapter 4 CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS* Sec. 4.01. Building code adopted. Sec. 4.02. Permit fees. Sec. 4.03. Building permits required. Secs. 4.04-4.09. Reserved. Sec. 4.10. Permits and special requirements for moving buildings. Secs. 4.11-4.19. Reserved. Sec. 4.20. Placement, erection maintenance of signs. Sec. 4.21. Reserved. Secs. 4.22-4.29. Reserved. Sec. 4.30. Excavations and fills. Secs. 4.31-4.39. Reserved. Sec. 4.40. Construction and maintenance of trailer coach parks. Secs. 4.41-4.49. Reserved. Sec. 4.50. Reserved. Secs. 4.51-4.59. Reserved. Sec. 4.60. Construction headquarters and material storage areas. Secs. 4.61-4.69. Reserved. Sec. 4.70. Outdoor swimming pools. Secs. 4.71-4.98. Reserved. Sec. 4.99. Violation a misdemeanor. *Cross references —Protective inspections department, § 2.35; beer, wine and liquor licensing, ch. 5; other business regulation and licensing, ch. 6; land use regulations, ch. 11; building permit and certificate of occupancy, § 11.10, subd. 11; subdivision regulations, ch. 13. Supp. No. 2 CD4:1 • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.70 shall subject the operator of such park to having his certificate of continued operation suspended while such violation exists. Further, such violation will authorize the city to move the state department of health to suspend, revoke or thereafter deny the state license then in existence or effect. The operation of a trailer coach park without a valid existing state license or contrary to this section is a violation of this section. (Ord. No. 2, eff. 1-30-69; Code 1983, § 4.40, eff. 1-1-83) State law reference —Manufactured home parks and camping areas, Minn. Stat. § 327.14 et seq. Secs. 4.41-4.49. Reserved. Sec. 4.50. Reserved. Codifier's note —Ord. No. 232, 2nd series, § 1, effective May 6, 1997, amended the Code by repealing former § 4.50 in its entirety. Former § 4.50 pertained to placement, erection and maintenance of wind energy conversion systems and radio and TV towers, and derived from the Code of 1983, § 4.50, effective January 1, 1983. Secs. 4.51-4.59. Reserved. Sec. 4.60. Construction headquarters and material storage areas. Notwithstanding any other provision of the City Code, a construction headquarters temporary structure or area shall be allowed in any residential plat then being developed. Such structure and/or storage materials shall be removed within 30 days after final city inspection of 85 percent of the total number of dwelling units in such plat. It is unlawful for any person to fail to timely remove any such structure or materials. (Ord. No. 9, 2nd series, eff. 4-27-84) Secs. 4.61-4.69. Reserved. Sec. 4.70. Outdoor swimming pools. Subd. 1. Definition. For purposes of this section, an outdoor swimming pool is defined as any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing used in connection with a single-family dwelling and having the depth of more than 24 inches at any point and a surface area exceeding 150 square feet. Subd. 2. Fencing required around outdoor swimming pools. A. All outdoor swimming pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least four but not more than six feet high and located at least four feet from the edge of the pool. The bottom of the fence or wall shall be no higher than four inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self -closing and self -latching lockable gates. Supp. No. 2 CD4:25 § 4.70 EAGAN CODE B. The security fence or wall shall be of the nonclimbing type so as to be impenetrable by toddlers and shall afford no external handholds or footholds. Subd. 3. Exceptions. This section does not apply to aboveground outdoor swimming pools having at least four -foot high vertical or outward inclined sidewalls, provided that the pool has a self -closing and self -latching lockable gate or sole access is by means of a removable ladder, ramp or stairs, which must be removed when the pool is not in use. Subd. 4. Existing regulations. The provisions of this section are in addition to and not in replacement of the provisions of the City Code relating to building and land use. (Ord. No. 70, 2nd series, eff. 11-25-88) Secs. 4.71-4.98. Reserved. Sec. 4.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a code adopted by reference by this chapter and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 4.99, eff. 1-1-83) Supp. No. 2 CD4:26 • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.05 governing the manufacture, sale, distribution, or possession for sale or distribution of alcoholic beverages; (3) a person who has had an alcoholic beverage license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; (4) a person under the age of 21 years; or (5) a person not of good moral character and repute. B. No person holding a license from the commissioner as a manufacturer, brewer or wholesaler may have a direct or indirect interest, in whole or in part, in a business holding an alcoholic beverage license from the city. (Code 1983, § 5.02, eff. 1-1-83; Ord. No. 5, 2nd series, eff. 11-8-83; Ord. No. 31, 2nd series, eff. 6-6-86; Ord. No. 39, 2nd series, eff. 4-17-87; Ord. No. 58, 2nd series, eff. 6-24-88; Ord. No. 63, 2nd series, eff. 6-24-88; Ord. No. 65, 2nd series, eff. 8-26-88; Ord. No. 80, 2nd series, eff. 6-30-89; Ord. No. 139, 2nd series, eff. 5-15-92) Cross reference —Administration and general government, ch. 2. Sec. 5.03. Renewal of licenses. Applications for renewal of all licenses under this chapter shall be made at least 60 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. (Code 1983, § 5.03, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.04. Delinquent taxes and charges. No license under this chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the city, are owed by the applicant and are delinquent and unpaid. For the purpose of this section, "applicant" includes persons and related persons, (1) owning at least a 50 percent beneficial interest in the proposed license or in the entity making the application, and (2) at least an undivided one-half interest in the premises proposed to be licensed, or at least a 50 percent beneficial interest in the entity owning such premises. (Code 1983, § 5.04, eff. 1-1-83) Sec. 5.05. Limitation on ownership. No person shall be granted an off -sale liquor license at more than one location. For the purpose of this section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or if such ownership is by a member of any immediate family living in the same household, as the licensee, that person shall be deemed to be a licensee. (Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 233, 2nd series, eff. 6-3-97) Supp. No. 2 CD5:9 § 5.06 EAGAN CODE Sec. 5.06. Conditional licenses. Notwithstanding any provision of law to the contrary, the council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this chapter, upon any license as it, in its discretion, may deem reasonable and justified. (Code 1983, § 5.06, eff. 1-1-83) Sec. 5.07. Premises licensed. Unless expressly stated therein, a license issued under the provisions of this chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. (Code 1983, § 5.07, eff. 1-1-83) Sec. 5.08. Unlawful acts. Subd. 1. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, beer, wine or liquor on licensed premises more than 20 minutes after the hour when a sale thereof can legally be made. Subd. 2. Removal of containers. It is unlawful for any on -sale licensee to permit any glass, bottle or other container, containing beer, wine or liquor in any quantity, to remain upon any table, bar, stool or other place where customers are served, more than 20 minutes after the hour when a sale thereof can legally be made. Subd. 3. Closing. It is unlawful for any person, other than an on -sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this chapter more than 30 minutes after the legal time for making licensed sales. (Code 1983, § 5.08, eff. 1-1-83) Sec. 5.09. Conduct on licensed premises. Except as herein provided, every licensee under this chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. (Code 1983, § 5.09, eff. 1-1-83) Sec. 5.10. Sale by employee. Any sale of an alcoholic beverage in or from any premises licensed under this chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale; and every such employer is liable to all of the penalties, except criminal penalties, provided by law for such sale, equally with the person actually making the sale. (Ord. No. 65, 2nd series, eff. 8-26-88) Supp. No. 2 CD5:10 • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.52 Subd. 6. No licensee shall sell, offer for sale, or keep for sale liquor in any original package which has been refilled or partly refilled. Subd. 7. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 8. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; day care center structure; or church structure. Subd. 9. Reserved. Subd. 10. On -sale licenses shall be granted only to hotels, restaurants and clubs. Subd. 11. 26 on -sale licenses may be authorized. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The 26 licenses shall be distributed as follows: A. Three licenses for hotels; B. 23 licenses for restaurants. C. No license shall be held for more than two years without being used. Subd. 12. A. Off -sale license applications will be reviewed by the police department. If an off -sale license is not issued within nine months after council approval, the approval shall automatically lapse. B. Each applicant shall display to the city's satisfaction that it has at least an option on a specific site for the location of an off -sale store and such other information as the city may require. The council reserves the right to determine specific compliance with this subdivision. C. All off -sale licenses shall run from the date of issuance until December 31 of that year. Fees shall be prorated if any off -sale license is issued for less than a full calendar year. Subd. 13. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. Subd. 14. It is lawful for an off -sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. Subd. 15. Coin -operated amusement devices may not be located on premises licensed for off -sale of liquor. (Code 1983, § 5.52, eff. 1-1-83; Ord. No. 11, 2nd series, eff. 4-27-84; Ord. No. 31, 2nd series, eff. 5-6-86; Ord. No. 65, 2nd series, eff. 8-26-88; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 139, 2nd series, eff. 5-5-92; Ord. No. 162, 2nd series, eff. 4-20-93; Ord. No. 173, 2nd series, eff. 1-14-94; Ord. No. 174, 2nd series, eff. 1-14-94; Ord. No. 228, 2nd series, eff. 12-4-96; Ord. No. 233, 2nd series, eff. 6-3-97) Supp. No. 2 CD5:17 § 5.53 EAGAN CODE Sec. 5.53. Hours and days of liquor sales. Except as otherwise provided in section 5.54, no on -sale shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday. No off -sale shall be made on Sunday nor before 8:00 a.m. or after 8:00 p.m. of any day, except Friday and Saturday, on which days off -sale may be made until 10:00 p.m. No off -sale shall be made on Thanksgiving Day, or Christmas Day, December 25, but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off -sales may be made until 10:00 p.m. No sale of liquor shall be made after 8:00 p.m. on December 24. (Code 1983, § 5.53, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.54. Sunday sales. The electorate of the city having heretofore authorized the same, a Sunday on -sale liquor license may be issued to hotels, motels, restaurants, or clubs, as defined in this chapter, which have on -sale licenses and which also have facilities for serving not less than 30 guests at one time. The hours of such sales shall be from 10:00 a.m. on Sunday to 1:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conform- ance with the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.411 et seq.). (Code 1983, § 5.54, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.55. Unlawful acts (liquor). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of liquor. Subd. 2. Licensee to sell liquor on any day or during any hour when sales of liquor are not permitted by law. Subd. 3. Person to purchase liquor on any day or during any hour when sales of liquor are not permitted by law. Subd. 4. Licensee to sell or serve liquor to any person who is obviously intoxicated. (Code 1983, § 5.55, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.56. Sports or convention facility license. The council may authorize any holder of an on -sale liquor license issued by the city or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the city or instrumentality thereof having independent policy -making and appropriating authority and located within the city. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. (Code 1983, § 5.56, eff. 1-1-83) Supp. No. 2 CD5:18 • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.70 Sec. 5.57. Temporary liquor license. Subd. 1. License authorized. Notwithstanding any provision of the City Code to the contrary, the council may issue a license for the temporary on -sale of liquor in connection with a social event sponsored by the licensee. Such license may provide that the licensee may contract with the holder of a full -year on -sale license, issued by the city, for liquor catering services. Subd. 2. Applicant. The applicant for a license under this section must be a club or charitable, religious, or other nonprofit organization in existence for at least three years. Subd. 3. Terms and conditions of license. A. No license is valid until approved by the commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor sale and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full -year on -sale licensee, such caterer shall provide proof of the extension of such coverage to the licensed premises. D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee. Subd. 4. Insurance required. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary liquor license on premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000.00 for injury to any one person, $300,000.00 for injury to more than one person, and $25,000.00 for property damage, naming the city as an insured during the license period. (Ord. No. 80, 2nd series, eff. 6-30-89) Secs. 5.58-5.69. Reserved. Sec. 5.70. On -sale wine. Subd. 1. On -sale wine license required. It is unlawful for any person to sell or keep or offer for sale any wine without a license therefor from the city. This section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connection with a legitimate religious ceremony, (2) to sales by manufacturers to wholesalers duly licensed as such by the state, (3) to sales by wholesalers to persons holding on -sale or off -sale liquor licenses from the city, or (4) to sales by wholesalers to persons holding on -sale wine licenses from the city. Subd. 2. On -sale wine license fee. A. The annual on -sale wine license fee is $400.00. Supp. No. 2 CD5:19 § 5.70 EAGAN CODE B. The annual Sunday on -sale wine license fee is $100.00. Codifier's note —Minn. Stat. § 340A.408 requires a 30-day notice mailed to all affected licensees of an increase in license fees, and a hearing held. Subd. 3. On -sale wine license restrictions and regulations. A. Reserved. B. Reserved. C. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the state. D. Reserved. E. No person under 18 years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under 18 years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine is sold, provided that the person under the age of 18 may not serve or sell any wine. F. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. G. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; day care center structure; or church structure. H. On -sale wine licenses shall be granted only to restaurants as defined in this chapter. Provided, however, for purposes of this section, such restaurant shall have appropriate facilities for seating not less than 25 guests at one time. I. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. J. Persons who hold both an on -sale wine license and an on -sale beer license and whose gross receipts are at least 50 percent attributable to the sale of food may sell intoxicating malt liquor (strong beer) at on -sale without an additional license. (Code 1983, § 5.70, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 5-6-86; Ord. No. 48, 2nd series, eff. 6-12-87; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 109, 2nd series, eff. 12-28-90; Ord. No. 139, 2nd series, eff. 5-5-92; Ord. No. 162, 2nd series, eff. 4-20-93; Ord. No. 233, 2nd series, eff. 6-3-97) Supp. No. 2 CD5:20 • • • • LAND USE REGULATIONS (ZONING) § 11.03 Sec. 11.01. Intent and purpose. This chapter is adopted for the purpose of (1) protecting the public health, safety and general welfare; (2) dividing the city into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, and percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; (3) promoting orderly development of the residential, business, industrial, recreational and public areas; (4) providing adequate light, air and convenience of access to property; (5) limiting congestion in the public rights -of -way; (6) preventing the overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (7) providing for the compatibility of different land uses and the most appropriate use of land throughout the city; (8) providing for the more orderly transition from a rural to an urban or suburban environment; (9) providing for the administration of this chapter and amendments thereto; (10) defining the powers and duties of the administrative officers and bodies, as provided hereinafter; and, (11) prescribing penalties for the violation of the provisions of this chapter or any amendment thereto. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.01, eff. 1-1-83) Sec. 11.02. Rules of language construction. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in such definition thereof. All measured distances expressed in feet shall be the nearest tenth of a foot. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.02, eff. 1-1-83) Sec. 11.03. Definitions. The following terms, as used in this chapter, shall have the meanings stated: Abutting means making contact with or separated only by public thoroughfare, railroad or public right-of-way. Accessory use or structure means a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Addition means an extension or increase in floor area or height of a building or structure. Amusement device; mechanical amusement device means, as used herein, a machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description or which may be used for any such game, contest or amusement and which contains no automatic payoff device for the return of money coins, checks, tokens or merchandise or which provides for no such payoff by any other means or manner. Antenna means a device used for transmitting or receiving electromagnetic waves, includ- ing but not limited to: Television or video, AM/FM radio, analog or digital, microwave, cellular or personal communications service (PCS), telephone or data, or similar signals. Supp. No. 2 CD11:3 § 11.03 EAGAN CODE Architectural concrete means a building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the architectural design of the building and is available in a variety of colors. Automobile reduction yard means a lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of scrap, storage or abandonment. Automobile repair, major means general repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service. Automobile repair, minor means the replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross weight. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Building means any structure used or intended for supporting or sheltering any use or occupancy. Building coverage means the area of a lot covered by building(s). Building height means the vertical distance above "grade," as herein defined, to the highest point of a flat roof or a mansard roof or to the highest gable of a pitched or hipped roof. Carport means an automobile shelter having one or more sides. Carwash means any building or portions thereof used for the cleaning or washing of automobiles. Case in place panel means a building wall section of concrete poured into place in a form at the building construction site. Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. Commission means the planning commission of the city. Comprehensive guide plan means the city comprehensive guide plan as duly adopted and as amended from time to time by the city council. Conditional use permit means a permit specially and individually granted by the council after review thereon by the planning commission for any conditional use so permitted in any use district. Supp. No. 2 CD11:4 • • • LAND USE REGULATIONS (ZONING) § 11.03 Day care facility means a facility licensed by the state or county, public or private, which, for gain or otherwise, regularly provides care of one or more children on a regular basis, for periods of less than 24 hours per day, in a place other than the child's own home. Decorative block means a masonry building block or cast concrete and aggregate rock that has a split -rock, brick -like, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors. Supp. No. 2 CD11:4.1 • • LAND USE REGULATIONS (ZONING) § 11.03 Office I showroom means a multitenant building with gross floor area consisting of at least 30 percent finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Office / warehouse means a multitenant building with gross floor area consisting of at least 15 percent finished office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Outdoor display means to store or exhibit outside a commercial building a representative sample of merchandise, goods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business. For purposes of this chapter, any outdoor display exceeding the restrictions thereof as set forth in section 11.10 shall constitute outdoor storage. Outdoor storage means to stock, keep, sell or trade outside a commercial or industrial building any items of merchandise, supplies, materials, finished goods, inventory or other movable property or motor vehicles. For purposes of this definition and the regulation of outdoor storage, a temporary outdoor event and seasonal outdoor sale shall not constitute outdoor storage. Parking space means a suitably surfaced or permanently maintained area on privately owned property of sufficient size to store one motor vehicle either within or outside of a building. Performance standard means criteria established to control noise, odor, toxic or noxious matter, vibration, fire or explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Plain concrete block means a masonry building block of cast concrete that has no additional surface texturing. Planned development means an urban development developed according to an approved overall plan (1) having two or more principal uses (within a single plat) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or (2) having a single use which does not comply with all of the restrictions of any one zoning district. Planned development zoning shall be allowed only where the council determines that, because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area. Precast panel means a building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation. Supp. No. 2 CD11:9 § 11.03 EAGAN CODE Preferred co -location site means an existing or approved tower, structure or building which may accommodate planned equipment for a proposed new tower within a one-half ('/2) mile search radius of the proposed tower location. Processing means the crushing, washing, compounding or treating of rock, sand, gravel or similar materials. Public hearing, unless otherwise specifically redefined, means a public hearing pursuant to a notice published once in the official newspaper of the city at least ten days prior to the date of such hearing, which notice shall specify the general purpose, time and place of such hearing. Any such hearing after such publication may be continued, recessed or adjourned, from time to time, without any further publication or notice thereof. Public right-of-way means the entire area dedicated to public use or contained in an easement or other conveyance or grant to the state, county or city and shall include but not be limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines in which the street or roadway lies. Public utility services means the providing of electric power, gas, telephone, sanitary sewer and water. Publication means notice placed in the official city newspaper stating time, location, and date of meeting and description of topic. Recyclables means "recyclables" as defined in Chapter 10 of this Code. Regional flood means a flood which is representative of large 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 of the 100-year recurrence interval. Regional flood is synonymous with 100-year floodplain and with the term "base flood" used in the flood insurance rate map. Rental shop means a business operated within a principal structure and engaged exclu- sively in providing movable property to another for temporary use in exchange for consider- ation paid, except for the incidental sale of accessories related to those items rented. Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Restaurant, class I —Traditional restaurant means an eating facility where food is served to a customer and consumed by him while seated at a counter or table. Cafeteria means an eating establishment where food is selected by a customer while going through a serving line and taken to a table for consumption. Restaurant, class II —Fast food means a majority of the customers order food and are served their food at a counter and then take their food to a table or counter where it is consumed. However, a significant number may take their food outside to eat in an automobile or off the Supp. No. 2 CD11:10 • • • LAND USE REGULATIONS (ZONING) § 11.03 premises. Drive-in restaurant means most customers consume their food in an automobile regardless of how it is served. Carryout and delivery restaurants means food is prepared for consumption off the premises only. Retail sales means a use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Satellite dish means an antenna device used for transmitting or receiving electromagnetic waves, but which incorporates a reflective surface that is solid, open mesh, or bar figured and is in the shape of a shallow dish, cone, horn or cornucopia. For purposes of this chapter only, a satellite dish, which technologically constitutes an antenna as defined herein, shall be deemed as a separate and distinct antenna and shall be specifically regulated as such in this chapter. Seasonal outdoor sales means the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principle use or structure. Setback. A. For purposes of measuring the setback between a building, structure, or use and a lot line that is contiguous to or a common boundary for an adjacent lot, the setback is the horizontal distance from the lot line to the nearest point of the building, structure or use located or to be located on the lot. B. For purposes of measuring the setback between a building, structure or use, including a parking area, and a street right-of-way, as defined in chapter 1 and to include any easement, conveyance or other grant to the county or state, the setback is the horizontal distance from the edge of said street right-of-way which abuts the lot to the nearest point of the building, structure or use, including any parking area, located or to be located on the lot. Sign means as defined in section 4.20 of the City Code. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under -floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar or unused under -floor space shall be considered a story. Street means a public right-of-way which affords a primary means of access to abutting property. Structure means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, and other similar items. Supp. No. 2 CD11:11 § 11.03 EAGAN CODE Synthetic stucco means a nonbearing exterior wall cladding system providing both insula- tion value and finished exterior surface (e.g., EIFS panels). Technical, business or vocational school means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility. Temporary outdoor event means an exhibition or sale with a duration of ten continuous days or less which does not occur more than once per 30 days and more than three times per year or a combination of twenty days total in a calendar year. A temporary outdoor event includes, but is not limited to: promotional and fund raiser event; car wash; nursery stock, fresh fruit and vegetables sale, and prepared food, clothing and crafts display or sale. Thoroughfare means those streets as shown on the city thoroughfare plan at the right-of- way widths indicated. Tower means any freestanding structure designed specifically to elevate an antenna, satellite dish or similar apparatus. Townhouse means a single-family building having one or more walls in common with another single-family building oriented so all exits open directly to the outside. 71-ash means "garbage" and "other refuse" as defined in Chapter 10 of this Code. Use means the purpose of activity for which the land or building thereon is designated, arranged or intended or for which it is occupied. Use for accessory, special or conditional. See definitions contained herein. Use, permitted means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such districts. 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. Wind energy conversion system means a device including a wind charger, windmill or wind turbine designed to convert wind energy to another form of usable energy such as electricity or heat. Yard means a required open space on a lot which is unoccupied and unobstructed by a building from its lowest ground level to the sky, except as expressly permitted by this chapter. A yard shall extend along a lot line and at right angles to such a lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Supp. No. 2 CD11:12 • • • LAND USE REGULATIONS (ZONING) § 11.10 Zoning district means an area or areas within the limits of the city for which the regulations and requirements governing use, lot and size of building and premises are uniform. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 8-8-80; Code 1983, § 11.03, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 176, 2nd series, eff 1-26-94; Ord. No. 188, 2nd series, eff. 11-17-94; Ord. No. 191, 2nd series, eff. 1-5-95; Ord. No. 202, 2nd series, eff. 5-11-95; Ord. No. 214, 2nd series, eff. 3-28-96; Ord. No. 225, 2nd series, eff. 10-15-96; Ord. No. 232, 2nd series, eff. 5-6-97; Ord. No. 239, 2nd series, eff. 8-19-97) Secs. 11.04-11.09. Reserved. Sec. 11.10. General provisions. Subd. 1. Application. A. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. B. Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, City Code provision, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. C. Except as in this chapter specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter. Subd. 2. Separability. It is hereby declared to be the intention of the council that the several provisions of this chapter are separable in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provisions of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment. B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. Subd. 3. Nonconforming structures and uses. A. Policy. It is the policy of the city that nonconforming structures and nonconforming uses in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a uniform use of and within the districts established within this chapter. Supp. No. 2 CD11:12.1 • • LAND USE REGULATIONS (ZONING) § 11.10 Subd. 8. Public utility service. It is unlawful for any person to install, construct, erect, alter, revise, reconstruct or move any pipeline, underground telephone line, underground electric transmission line, and overhead electric transmission line including structures related thereto or any other public utility device or related structure, without first obtaining a written permit from the city. All persons obtaining a written permit pursuant to this subdivision shall be subject to those standards and regulations set forth in and as a condition of the permit issued pursuant to this subdivision. In issuing said permit, the city shall find that: A. The proposed location of the essential service shall not unreasonably interfere with future land use of the city. B. The depth of any buried essential services shall be at a depth that will not cause future problems with roads, streets, utilities or buildings. C. The width of any linear easements or rights -of -way shall not be such that it will unreasonably interfere with future land use. Cross reference —Municipal and public utilities, ch. 3. Subd. 9. Structures in public rights -of -way. No buildings, structures or uses may be located in or on any public lands or rights -of -way without approval by the council. Subd. 10. Land reclamation and mining. Land reclamation and mining shall be permitted in all districts by conditional use permit and otherwise licensed or regulated by other City Code provisions. A. The conditional use permit shall include, as a condition thereof, an approved finish grade plan which will not adversely affect the adjacent land. B. An approved program for regulating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstable slopes, material dispersed from wind or hauling of material to or from the site and general maintenance of the site. Subd. 11. Building permit and certificate of occupancy. No structure shall be erected or structurally altered until a building permit is issued by the city. No structure except one- or two-family dwellings shall be occupied after construction until a certificate of occupancy has been issued by the city. Cross reference —Construction licensing and permitting, ch. 4. Subd. 12. Design and maintenance of off-street parking areas. A. Drainage. All parking lots, except those for less than four vehicles, shall be graded according to a drainage plan which has been approved by the city engineer. Catchbasins, sumps, and underground storm sewers may be required, and all such lots and driveways shall be surfaced with a material to control dust and drainage as approved by the city engineer. B. Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic. Supp. No. 2 CD11:15 § 11.10 EAGAN CODE C. All off-street parking areas shall be constructed with curbs or similar barriers to contain all vehicles. D. All off-street parking areas for four vehicles or more shall be constructed with concrete curbs. E. Where a parking lot for four or more vehicles is located adjacent to or across the street from a residential use, a solid screen shall be constructed and maintained of not less than 3'/2 feet in height to capture the vehicle light beams and muffle the vehicle noise. F. Driveways may only exceed a grade of ten percent where approved by the city engineer. A level area shall be provided for an automobile in front of the garage on residential lots. Subd. 12.1. Off -site off-street parking and off -site outdoor storage as conditional use. A. Scope of application. For purposes of this subdivision only, off -site off-street parking and off -site outdoor storage shall mean such activity as a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off -site off-street parking or off -site outdoor storage on the servient parcel. The council believes that an expanding or growing business sometimes needs additional off-street parking or additional outdoor storage which cannot be immediately accommodated on the existing dominant parcel of property. The council intends this provision to provide supplementary off -site off-street parking or outdoor storage which complements the existing off-street parking or off -site outdoor storage on the dominant parcel. It is not the council's intention to allow off -site outdoor storage or off-street parking in greater amounts, greater number of spaces or greater area on the servient parcel than exists on the dominant parcel. B. Conditional use permit application. All applications for a conditional use permit for off -site off-street parking and off -site outdoor storage shall include a detailed, to -scale site plan specifying the dimensions, location, design and compliance with the perfor- mance standards set forth herein. C. Performance standards, termination and noncompliance. 1. Standards. No off -site off-street parking or off -site outdoor storage, as described in subparagraph A, shall be permitted unless the following conditions are met, in addition to those standards set forth in subdivision 4 of section 11.40: (a) The dominant parcel, which shall be served by the off -site off-street parking or off -site outdoor storage on the servient parcel, cannot physically accom- modate the parking or storage needs of the principal use on the dominant parcel. (b) The parcel on which the off -site off-street parking or off -site outdoor storage is located and the dominant parcel which the off -site off-street parking or outdoor storage serves shall be within the same zoning districts, provided in R-4 districts the servient parcel shall be within a R-4 district, limited business LB, neighborhood business NB, general business GB, community Supp. No. 2 CD11:16 • • • • LAND USE REGULATIONS (ZONING) § 11.10 shopping center CSC, regional shopping center RSC, RB access use, limited industrial I-1, general industrial I-2, and research/development district RD. (c) The servient parcel on which the off -site off-street parking or off -site outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off -site off-street parking or off -site outdoor storage area. (d) The off -site off-street parking area shall meet the requirements set forth in section 11.10, subdivision 12, herein. (e) The off -site outdoor storage area shall meet the requirements set forth in section 11.10, subdivision 29(c)(1), except those provisions governing build- ing or height restrictions. (f) Off -site off-street parking and off -site outdoor storage on the servient parcel shall have fewer parking spaces, less area, and less outdoor storage area than the dominant parcel. (g) Off -site outdoor storage on the servient parcel shall be bermed and land- scaped on sides abutting public rights -of -way and residentially zoned districts. The combined berming and landscaping shall be a six-foot tall screen that is 75 percent opaque abutting public rights -of -way and 100 percent opaque abutting residential zoning districts or residential uses. 2. Termination. Any conditional use permit issued under this subdivision or any right to obtain a conditional use permit under this subdivision shall terminate upon the development of the servient lot on which the off -site off-street parking or off -site outdoor storage area is located or upon the termination of the principal use located on the dominant parcel to which the off -site off-street parking or off -site outdoor storage area serves, whichever occurs first. 3. Noncompliance. Failure to comply with any of the standards or conditions set forth herein or in the conditional use permit or any other violation of City Code provisions shall constitute sufficient cause for the termination of the conditional use permit by this council following a public hearing. Subd. 13. Required off-street parking. The following minimum parking spaces shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth. Where a specific requirement is not stated, the council shall determine the adequacy of parking when approving a site plan. A. Single-family dwelling. At least two parking spaces for each dwelling unit. A garage will fulfill this requirement. B. Two-family dwellings. At least two parking spaces for each dwelling unit. A garage will fulfill this requirement. C. Multiple dwellings, including townhouses, apartments and condominiums. 1. No detached garages shall be permitted. All garages shall be attached or underground. Supp. No. 2 CD11:17 § 11.10 EAGAN CODE 2. On all buildings at least one enclosed or underground garage space per unit and at least one outdoor parking space per unit shall be provided. D. Motel. At least one space for each dwelling unit or lodging room, plus one additional space for each eight units. Additional spaces shall be required for liquor or restaurant facilities. E. Church, club. At least one parking space for each 31/2 seats based on the design capacity of the main assembly hall. F. Hospital. At least 11/2 parking spaces for each patient bed. G. Sanitarium, convalescent home, rest home, nursing home or institution. At least one parking space for each six beds for which accommodations are offered, plus one additional parking space for each 15 beds. H. Medical or dental clinic. At least three parking spaces for each staff doctor practicing on the premises at any one time or one space for each 150 square feet of gross floor area, whichever is greater. I. Theater. At least one parking space for each three seats. J. Drive-in food establishment. Said parking space requirement shall be determined by the council when reviewing the site plan, and shall be based upon prior experience. K. Bowling alley. At least five parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. L. Motor fuel station. At least four off-street parking spaces plus two off-street parking spaces for each service stall. M. Retail store. At least one off-street parking space for each 150 square feet of floor area up to a total floor area of 20,000 square feet. Thereafter, one space shall be required for each 200 square feet of floor area. N. Restaurants, cafes, bars, taverns, nightclubs. At least one parking space for each three seats based on capacity design. O. Banks, savings and loan. At least one parking space for each 250 square feet of gross floor area plus five stacking spaces for each drive-in window. P. Offices. At least one parking space for each 150 square feet of net leasable floor area. Q. Furniture store, appliance store, wholesale and warehouse up to 6,000 square feet. At least one parking space for each 400 square feet of gross floor area. R. Manufacturing, fabricating or processing of a product. Said parking requirements shall be determined by the council when reviewing the site plan, and shall be based upon prior experience. Subd. 14. Off-street loading areas. A. Definition. Off-street loading areas shall mean that portion of a lot or property designed for use by vehicles for loading or unloading merchandise or materials. Off-street loading areas shall not be included in the computation of required off-street parking. Supp. No. 2 CD11:18 • • • • LAND USE REGULATIONS (ZONING) § 11.10 B. Standards. Off-street loading areas shall comply with the following requirements: 1. All loading areas shall be off-street and shall be located on the same lot as the building or use to be served. 2. Loading areas and docks shall not be permitted along the front of any building. 3. Loading areas and docks shall not be permitted along any side of a building facing property designated for residential, park or public uses in the comprehensive guide plan. 4. A minimum 40-foot wide landscaped yard, including berms and vegetation, shall be established and maintained along public rights -of -way. Landscaping and screening shall be in accordance with all landscaping and screening regulations in this chapter. 5. Loading dock doors, railings and other appurtenances shall be compatible with the overall color scheme of the principal structure. 6. In research and development and business park districts, loading docks and maneuvering areas shall be solidly screened from view from all streets and directly abutting properties with different land uses at time of maturity. Screen- ing may consist of landscaping, berms, fencing and walls, or any combination thereof, to provide a minimum height of six feet and a minimum 75 percent opacity at the time of installation. Subd. 15. Landscaping. A. Findings, purpose and scope. 1. The council fords: (a) Trees produce oxygen, a necessary element for human survival; (b) Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air breathed; (c) Trees transpire considerable amounts of water each day, thereby purifying the air; (d) Trees participate in the natural process of neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers; (e) Trees, through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control; (f) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and Supp. No. 2 CD11:19 § 11.10 EAGAN CODE (g) Trees affect the desirability of land and its property values. 2. Purpose. Based on the foregoing findings, the council declares that it is desirable and essential to the health, safety, and welfare of the city to protect certain existing trees and plant materials, to require new and additional plant materials and trees, to prohibit the planting of certain species and to require the mainte- nance of plant materials and trees as set forth in this subdivision. 3. Scope. The provisions of this subdivision shall apply only to privately owned property, excluding any property within public rights -of -way which are regulated in chapter 7 of the City Code. B. Landscape plan. 1. Plan required. A landscape plan shall be approved by the city and implemented by the property owner: (a) For any new development or new building construction in any commercial, multiple residential (R-2, R-3 and R-4), industrial institutional zoning district, and planned development districts, except as otherwise provided by specific planned development agreements; (b) For any existing commercial, industrial or institutional building to be expanded by ten percent or greater square feet, where an approved landscape plan is not on file with the city; and (c) No building permit for any construction described in items (a) and (b) of this subparagraph shall be issued unless a landscape plan required hereunder is approved by the city. (d) The plan as required under item (b), above, may be implemented over a period of three years, and a performance guarantee shall not be required. However, if the plan is not fully implemented within three years, the city may complete the landscaping and, if necessary, attempt to recover its cost from the benefitted property for the improvement by billing or assessment, as appropriate. 2. Landscape plan required. In every case where landscaping is required by provision of the City Code or by an approval granted by the city, for a building or structure to be constructed on property, the applicant for the building permit shall submit a landscape plan prepared in accordance with the provisions of this subdivision. The landscape plan shall include the following information: (a) General. Name and address of developer, owner, and contact person; name and address of state -registered landscape architect, or state -certified nurseryperson; date of plan preparation; date and description of all revi- sions; name of project or development. (b) Site map. One scale drawing of the site based upon a survey of property lines with indication of scale and north point; name and alignment of proposed and existing adjacent on -site streets; location of all proposed and existing Supp. No. 2 CD11:20 • • • LAND USE REGULATIONS (ZONING) § 11.10 utility easements and rights -of -way; location of existing and proposed buildings; topographic contours using main sea level datum at two -foot contour intervals; existing and proposed location of parking areas; water bodies; proposed sidewalks and trails. (c) Two scale drawings of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; existing and proposed topographic contours using mean sea level datum at two -foot intervals; details of proposed planting beds and foundation plantings; delineation of both sodded and seeded area; location and identification of proposed landscape or manmade materials used to provide screening from adjacent and neighboring properties; location and identification of trees; details of fences, tie walls, planting boxes, retaining walls, berms and other landscape improvements and details in legible scale; location of landscape islands and planter beds with identification of plant materials used. (d) Planting schedule. A table containing the common names and botanical names, size of plant materials, root specifications, quantities, and special planting instructions. 3. Performance guarantee. (a) A performance guarantee shall be required to insure completion and maintenance of all landscaping in accordance with the approved landscape plan required hereunder. (b) The performance guarantee shall be approved in form as to security by the city. (c) The performance guarantee shall be in the amount of $5,000.00, subject to modification by the council. (d) The performance guarantee shall cover one full calendar year subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the city. (e) For any landscaping or screening that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. C. Landscape specifications. 1. Definitions. For the purpose of this subdivision, the following definitions shall apply: (a) Caliper means the length of a straight line measured through the trunk of a tree six inches above ground level. (b) Coniferous/evergreen tree means a woody plant which, at maturity, is at least 30 feet or more in height, having foliage on the outermost portion of the branches yearround. Supp. No. 2 CD11:21 § 11.10 EAGAN CODE (c) Deciduous overstory shade tree means a woody plant which, at maturity, is 30 feet or more in height, having a defined crown which loses leaves annually. (d) Deciduous understory ornamental tree means a woody plant which, at maturity, is less than 30 feet or more in height, with a single trunk, unbranched for several feet above the ground having a defined crown which loses leaves annually. (e) Plant material average size (coniferous) means the total height of all coniferous trees six feet or over, divided by the total number of such trees. (f) Plant materials average size (shade or ornamental) means the total diameter of all deciduous overstory trees 21/2 caliper inches or more in diameter, divided by the total number of trees. 2. All landscape plans and landscaping under this subdivision shall follow and be in compliance with the following requirements, together with all other City Code regulations: (a) Minimum size at time of planting. (1) Deciduous overstory plantings shall be a minimum of 21/2 caliper inches. (2) Deciduous understory trees shall be a minimum of 11/2 caliper inches. (3) Coniferous trees shall be a minimum of six feet in height. (4) Shrubs and hedge materials shall be a minimum of three feet in height. (b) Minimum required plant material. The landscape plan and landscaping thereunder shall provide for plant material equal to three percent of the value of the building(s), not including the cost of land and site improve- ments. Credit may be given for existing plant materials, which will be preserved. The city may approve a landscape plan which does not meet this standard, where the intent and purpose of this subdivision is otherwise met. (c) Planting islands. Planting islands shall be required where necessary to visually break up expanses of hard -surface parking areas, to provide safe and efficient traffic movement, and to define rows of parking. Planting islands shall be required in parking areas with 50 or more parking spaces and shall occupy at least five percent of the parking lot area. Planting islands shall be edged with concrete curbs. (d) Method of installation. All deciduous and coniferous trees shall be planted in accordance with American Nurseryman's Standards. (e) Lawn maintenance and establishment. Lawn maintenance and establish- ment shall be required in accordance with chapter 10 of the City Code. (f) Slopes and berms. Slopes and berms steeper than three feet horizontal to one foot vertical shall not be permitted unless specifically approved by the city. In areas where steeper slopes are allowed, there shall be special landscape treatment such as special seed mixtures, terracing, retaining walls of fiber blankets. Supp. No. 2 CD11:22 • • • LAND USE REGULATIONS (ZONING) § 11.10 (g) Landscape maintenance. The property owner shall be responsible for the maintenance of all landscaped areas and the installation of healthy replace- ment plants for any plants that die or are removed due to disease. Maintenance shall include removal of litter, dead plant materials, un- healthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall be maintained as free flowing and free of debris. (h) Erosion control. All areas of any site shall be restored and maintained in accordance with provisions of the City Code. (i) Placement of plant materials. No plant materials shall be permitted within any utility easement or street right-of-way, except as otherwise permitted under chapter 7 of the City Code. (j) Diseased and nuisance trees. Prior to grading, all diseased and nuisance trees on the subject property shall be identified by the city forester in accordance with chapter 10 of the City Code. All diseased and nuisance trees so identified shall be removed from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees shall not count toward calculation of significant tree inventory. (k) Tree preservation. Tree preservation shall be required in accordance with the tree preservation regulations in this chapter. (1) Completion deadline. All plant materials required for screening purposes shall be planted to completion within six months from date of issuance of a building permit unless otherwise approved by the city due to the time of the year or construction for a large project. In no case shall the period exceed six months from issuance of the certificate of occupancy. D. Landscaping along freeway corridors. 1. Purpose. The provisions in this subparagraph are adopted in order to preserve, protect and enhance existing landscapes and landscaping located along Inter- state Highways 35E and 494 and T.H. 77 (Cedar Avenue). 2. Visual penetration areas. The requirements herein shall apply to those areas along the freeway system in the city where the visual penetration of the motorist extends beyond the right-of-way boundary as identified in the comprehensive guide plan. 3. Screening visual penetration areas. Within the visual corridors, as identified in the comprehensive guide plan, a planting screen of a mixture of overstory and understory coniferous and deciduous plant material shall be planted which shall provide a visual screen to achieve 75 percent opacity, yearround at maturity. Screening shall apply to all parking and outdoor storage areas. This planting shall be provided within the minimum 50-foot setback area required adjacent to freeway right-of-way. 4. Existing wooded areas in visual corridors. Existing wooded areas designated in the comprehensive guide plan shall be preserved for a minimum of 50 feet Supp. No. 2 CD11:23 § 11.10 EAGAN CODE adjacent and parallel to the freeway right-of-way. Beyond 50 feet, existing wooded areas shall be preserved, in accordance with provisions of the tree preservation regulations in this chapter. E. Irrigation system. 1. System required. (a) All landscape plans and implementation thereof required by this subdivi- sion shall include an underground irrigation system in all zoning districts except single-family (R-1), agriculture (A) and public facilities (P) districts. (b) Exception. An underground irrigation system is not required if: (i) The area to be landscaped is very large or reserved for future expansion; or (ii) The area is intended to be kept in its natural state. 2. System specification. All irrigation systems shall be fully automatic programma- ble systems, capable of alternate date watering. Each system shall be capable of achieving one inch of precipitation per week under an alternate day watering regime. The system shall provide head to head coverage with uniform levels of total precipitation throughout all irrigated areas and shall provide full and equal coverage onto public rights -of -way to the back of curb. Systems which extend beyond private property onto public rights -of -way shall be subject to approval by the city under chapter 7 of the City Code. The system shall meet state department of health standards and shall provide backflow preventers. All systems shall have a designated billing address. F. Screening. 1. Definition and purpose. Screening shall consist of plants, berms, walls and fences that obscure views, improve aesthetics, and help minimize adverse impacts of public nuisances such as noise, glare, vibration, odors or dust. Additional screening requirements apply in the industrial zoning districts and are enumer- ated under those zoning districts sections of this chapter. 2. Screening requirements. (a) All parking, loading, service, utility, and outdoor storage areas shall be screened from view from all streets and directly abutting properties which have a different land use designation by a combination of any of the following: berms, walls, fences, deciduous overstory or understory trees, coniferous trees, shrubs and hedge materials. (b) Screening fences or walls shall be constructed of attractive, permanent finished materials, compatible with those used in the construction of the principal structure. Such screens, including berms, shall be at least three feet in height and provide a minimum opacity of 75 percent. Screen fences and walls shall be maintained in a neat and structurally sound condition. Necessary repairs shall be made in a timely manner. Supp. No. 2 CD11:24 • • • • LAND USE REGULATIONS (ZONING) § 11.10 (c) Planting screens shall consist of hardy plant materials, along or in combi- nation with berms. Such screens shall be at least three feet in height (six feet if coniferous trees) at time of installation and shall be designed to provide a minimum yearround opacity of 75 percent at maturity. Planting screens shall be maintained in a neat and healthful condition. Plants which have died shall be promptly replaced. (d) Where a required drainage, utility or other easement is partially or wholly within an area where required screening would normally be located (i.e. in minimum setback), a wider screening area shall be provided to eliminate or minimize plantings or screening structures with the easement. (3) Exception to requirements. Screening requirements may be waived or modified by the city where the intent is otherwise satisfied by a significant change in elevation, existing screening, significant distance or similar circumstances. G. Trees on public property. Trees located within the public right-of-way (boulevard area) or public easement shall be planted and maintained in accordance with the provisions of chapter 7 of the City Code. Supp. No. 2 CD11:24.1 • • LAND USE REGULATIONS (ZONING) § 11.10 Subd. 18. Hours of operation. Hours of operation of any retail business, any restaurant or any motor fuel station shall be confined to the period between 7:00 a.m. and 1:00 a.m., except for those located 200 feet or more from any residential use and fronting on a major thoroughfare or commercial service road unless otherwise specifically approved by the council. Subd. 19. Additional requirements, exceptions and modifications. The requirements and standards specified heretofore in this section shall be subject to the following: A. Height limitations. Height limitations as set forth in E and R districts elsewhere in this chapter may be increased by 50 percent when applied to the following: Flagpoles B. Front yard variance. In any R district, wherever a platted block or otherwise subdivided area has dwellings located on 50 percent or more of the parcels located between two streets, the minimum required front yard setback line shall become the average setback established by the existing dwellings located in the block. This shall not supersede the requirements of subdivision 6, subparagraph C of this section where applicable. C. Uses not provided for within zoning districts. Whenever in any district a use is neither specifically permitted nor denied, a property owner may request a study by the city to determine whether the particular use is compatible with the zoning district in which it is proposed to be located. D. Request for a variance, conditional use permit or rezoning. A request for a variance, conditional use permit or rezoning, which has been acted upon, may not be requested again until a period of 12 months has passed unless the applicant can show to the satisfaction of the council that the conditions which were present when the earlier request was filed have changed or that the request is substantially different. E. Parking limitations on large vehicles. The council may direct the removal or otherwise limit the parking of any large vehicle upon or adjacent to any residential use where it is determined that said parking has a detrimental effect upon residential use. Said large vehicles shall include, but not be limited to, buses, motor homes, cruisers, or trucks. F. Parking of mobile homes. Mobile homes shall not be permitted to be located for storage or habitation in any zoning district, except in an approved mobile home park, without a special permit being issued by the council as required by section 4.40 of chapter 4. Subd. 20. Fences. A. Construction and maintenance. Every boundary line fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. Electric boundary fences shall only be permitted in the A district when related to farming, and on farms in other districts when related to farming but not as boundary fences. Supp. No. 2 CD11:33 § 11.10 EAGAN CODE B. Residential district fences. In all parts of the city zoned residential, boundary fences shall be subject to the following requirements: 1. Fences on all corner lots erected within 30 feet of the intersecting curbline shall be subject to traffic visibility requirements (see subdivision 7 of this section). 2. Fences shall not exceed a maximum height of six feet. C. Business and industrial fences. Property line fences within all business and industrial districts shall not exceed six feet in height, except that the council may grant a special permit for a fence of greater height. Subd. 21. Motor fuel station design (class I and II). Motor fuel stations shall be subject to the following standards: A. The minimum required building setback shall relate to any canopy, weather protec- tion, pump island or building. B. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require an approved open sales lot. C. A minimum 20-foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur. D. No goods offered for sale on a motor fuel station site shall be stored, sold or displayed outside a building unless permitted otherwise pursuant to subdivision 29 of this section. E. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building. F. The outdoor lighting system shall be approved by the city and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots. G. Wherever a motor fuel station abuts an R district, a solid six -foot -high screen (not less) shall be erected and maintained along the side and rear property line that abuts the R district. H. Access or egress curb cuts to a motor fuel station shall not be less than 50 feet from the curbline intersection on secondary thoroughfares and 80 feet on major thoroughfares. Subd. 22. Residential complex development. In all R-3 and R-4 districts, involving more than one principal structure, a development plan shall be required with a review by the planning commission and the approval of the council. Said development plan shall be for a period of three years from the date of formal approval by the council. Approval for periods Supp. No. 2 CD11:34 • • • • • LAND USE REGULATIONS (ZONING) § 11.10 district under a planned development, provided that no signs appurtenant thereto shall be placed or extend beyond the exterior walls of any structure in such district. Subd. 25. Platting for commercial and industrial. All land zoned commercial, industrial or planned development shall be platted prior to placing any structure thereon unless otherwise approved by the council. Subd. 26. Placement of house on residential lot. A. On all residential lots not served by public utilities which are at least 24,000 square feet in area and 170 feet in width, all structures shall be placed so that the lot may be further subdivided in the future unless otherwise approved by the council. B. On all residential lots where a garage is not constructed with initial development, sufficient space, in accordance with minimum setback requirements, shall be reserved for the potential future construction of a garage. Subd. 27. Commercial and industrial site development. All of the "Site design and development procedures" provided in subdivision 24, subparagraph B of this section pertain- ing to landscaping, drainage, curbs, walkways, surfacing, burying utilities, trash incinerators and garbage, lighting, natural features, public safety and existing and proposed contours shall also be required for any development in an LB, NB, GB, RSC, I-1, I-2, RD, P or PD district, unless said requirement is specifically removed by the council when reviewing an application for a building permit. Subd. 28. Joint parking facilities. Required parking facilities serving two or more uses may be located on the same lot or in the same structure except in residential districts, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is utilized at the same time by two or more uses. Conditions required for joint use are: A. The proposed joint parking space is within 400 feet of the main entrance of the use it will serve; B. The applicant shall show that there is no substantial conflict in the principal hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and C. A properly drawn legal instrument approved by the city attorney, executed by the parties concerned for joint use of the off-street parking facilities, shall be filed with the clerk. Said instrument may be a three or more party agreement including the city. Subd. 29. Reserved. Supp. No. 2 CD11:37 § 11.10 EAGAN CODE Subd. 29.1. Outdoor display by businesses. A. Outdoor display permitted. Outdoor display of merchandise or goods offered for sale, rent or lease shall be permitted only in the neighborhood business (NB), general business (GB) and community shopping center (CSC) zoning districts, subject to the following requirements: 1. The display area shall not exceed 60 square feet. 2. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. 3. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. 4. The display area shall not take up required parking spaces or landscaping areas of the principal use. 5. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof. Subd 29. 2. Outdoor storage by businesses. A. Outdoor storage shall be permitted only in the limited industrial (I-1), general industrial (I-2), general business (GB), and community shopping center (CSC) dis- tricts, and only upon the council's granting of a conditional use permit. B. Conditional use permit application. All conditional use permits under this subdivision shall be subject to the provisions of section 11.40, subdivision 4. All applications for a conditional use permit for outdoor storage shall include a detailed and scaled site plan specifying the dimensions, location, material and design of the storage enclosure and area. C. Performance standards. Outdoor storage permitted in accordance with subparagraph A. herein shall comply to the following requirements, in addition to those requirements set forth in subdivision 4 of section 11.40 of this chapter: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when deter- mined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. Supp. No. 2 CD11:38 • • • • LAND USE REGULATIONS (ZONING) § 11.10 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Subd. 29.3. Temporary outdoor events. A. Restrictions. Temporary outdoor events shall be permitted only in the public facilities (PF), planned development (PD), limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC) and limited industrial (I-1) districts. B. Performance standards. Temporary outdoor events permitted under this subdivision shall be subject to the following standards: 1. Adequate off-street parking shall be provided to ensure that no obstruction or interference occurs with existing traffic patterns. 2. No portion of the event shall take place within any public right-of-way. A minimum setback of ten feet shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any abutting property line of any residential use or residential zoned property, which is not separated by public right-of-way. 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 4. All signs for the event shall comply with City Code sign regulations. 5. Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. 6. The owner or operator of the event shall have the written permission of the fee owner of the property on which the event is located to use the specific site. 7. Hours of operation shall be subject to this chapter's regulations governing hours of operation of commercial businesses. 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. Subd. 29.4. Seasonal outdoor sales. A. Restrictions. Seasonal outdoor sales shall be permitted only in the public facilities (PF), planned development (PD), limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC) and limited industrial (I-1) districts and only upon the council's granting of a conditional use permit. B. Conditional use permit application. All conditional use permits under this subdivision shall be subject to the provisions of section 11.40, subdivision 4. All applications for a Supp. No. 2 CD11:39 § 11.10 EAGAN CODE conditional use permit for seasonal outdoor sales shall include a detailed and scaled site plan specifying the dimensions, location, material and design of the sales area and enclosure. C. Performance standards. All seasonal outdoor sales shall be subject to the following standards: 1. The seasonal outdoor sale shall meet the minimum requirements for temporary outdoor events set forth in this chapter. 2. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. 3. The sale area shall not encroach into any required front building setback area or other required setbacks. 4. The sale area shall be screened from view from adjacent residential uses and residential zoned property. 5. The sale area shall not interfere with any pedestrian or vehicular movement. 6. The sale area shall not take up required parking spaces or landscaping areas of the principal use. 7. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterio- ration. Subd. 29.5. Enclosure of trash and recyclables containers required. A. Purpose. To provide site design standards for the outdoor storage of trash and recyclables containers, the provisions of this subdivision apply in addition to the provisions of chapter 10 of this Code which regulate the storage, deposit and disposal of refuse on all properties. B. Design requirements. All trash and recyclables containers stored outside in the residential multiple (R-4), limited business (LB), neighborhood business (NB), general business (GB), roadside business (RB), community shopping center (CSC), regional shopping center (RSC), research and development (RD), limited industrial (I-1), general industrial (I-2) and business park (BP) zoning districts shall be stored within an enclosure subject to the following standards: 1. The enclosure shall have an impermeable floor surface. 2. The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), roadside business (RB), community shopping center (CSC), regional shopping center (RSC), and research and development (RD) zoning districts. 3. The enclosure may be detached from the principal building in the residential multiple (R-4), limited industrial (I-1), general industrial (I-2), and business park (BP) zoning districts. Supp. No. 2 CD11:40 • • • LAND USE REGULATIONS (ZONING) § 11.10 4. The enclosure shall satisfy principal structure setbacks required for the applica- ble zoning district. 5. The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least ninety percent opacity. 6. The enclosure shall be of sufficient size to enclose all trash and recyclables containers and shall be not less than six feet and not more than ten feet in height. Subd. 30. Architectural standards. A. Policy statement. All buildings in light industrial (I-1), general industrial (I-2) and general business (GB) districts shall be designed to accomplish the goals and objectives of the city land use comprehensive guide plan. Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located. B. New construction. 1. No less than 75 percent of the exterior, exposed walls of any newly constructed building in light industrial (I-1), general industrial (I-2) or general business (GB) districts shall be constructed of a vertical finish made of noncombustible, nondegradable, and low maintenance construction material, including, but not limited to, face brick; natural stone; specially designed precast concrete or synthetic stucco or comparable material (e.g., dryvit) units, provided the surfaces have been integrally treated with an applied decorative material or texture; smooth, painted or decorative concrete block, provided the block is scored at least twice. 2. Twenty-five percent or less of the exterior, exposed walls of any newly constructed building in light industrial (I-1), general industrial (I-2) or general business (GB) district may be constructed of any of the following materials: metal, including but not limited to steel, sheet or corrugated aluminum, or iron; vinyl; plain concrete block; or any other material not within the standards set forth in paragraph B.1. Any metal surface or siding as permitted herein shall be coated or anodized with a nonreflective, glare -free finish. 3. Notwithstanding any provision herein to the contrary, exterior, exposed walls of any accessory structure to a building in light industrial (I-1), general industrial (I-2) or general business (GB) district may be constructed of the following material: metal, including steel, sheet or corrugated aluminum or iron; vinyl; plain concrete block; or any other material not within the standards set forth in paragraph B. 1. herein, provided a conditional use permit is first obtained from the city. C. Expansion or enlargement of metal -sided buildings. 1. In the event any building, which is an existing, nonconforming metal -sided building under this subdivision on the effective date of this ordinance, is enlarged or expanded and the expansion is less than 10,000 square feet and 50 percent in Supp. No. 2 CD11:41 § 11.10 EAGAN CODE size by total square feet of the existing, nonconforming metal building, the expansion structure need not comply with the provisions of this subdivision, but any exterior, exposed side or surface of the expansion structure shall be constructed of identical material and color to the existing, nonconforming building. In the event the expansion or enlargement is at least 10,000 square feet or 50 percent in size by total square feet of the existing, nonconforming metal building, whichever is greater, the provisions governing nonconforming struc- tures or uses in this chapter shall govern. 2. For purpose of this subdivision, the total square feet of the existing nonconform- ing building shall be determined as the total size of the existing building as existed on June 1, 1995. The total square feet or percentage of any and all expansions to an existing nonconforming building as of June 1, 1995, shall be aggregated for purposes of calculating the size or percentage of the total expansion to the original building existing on June 1, 1995. D. Expansion or enlargement of other nonconforming buildings. In the event any existing, nonconforming building, which is constructed of material other than metal, is enlarged or expanded, the expansion structure to the existing, nonconforming structure shall be constructed of compatible material and color to the existing, nonconforming structure. Subd. 31. Antennae, satellite dishes, wind energy conversion systems and towers. A. Purpose. The regulations and requirements of this subdivision are intended to: (1) Provide for the appropriate location and development of antennae, satellite dishes, towers, and wind energy conversion systems which are often needed to serve the residents and businesses within the city; (2) Minimize adverse visual affects of antennae, satellite dishes, wind energy conversion systems and towers through careful design, siting, and screening; (3) Prevent damage to adjacent properties from the collapse or destruction of antennae, satellite dishes, wind energy conversion systems and towers; (4) Maximize the use of existing tower or structures in order to limit the number of freestanding towers; and (5) Provide restrictions and regulations which do not conflict with any federal statute or FCC rule or regulation. B. Building mounted antennae and satellite dishes. Building mounted antennae and satellite dishes shall be permitted in all zoning districts of the city, subject to the following requirements: (1) The height of any building mounted antenna or satellite dish, including its support structure, shall not exceed 50 percent of the total building height or 15 feet above the highest point of the roof, whichever is less; (2) Accessory equipment associated with a building mounted antenna or satellite dish shall be located within the building or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building; Supp. No. 2 CD11:42 • • • LAND USE REGULATIONS (ZONING) § 11.10 (3) Building mounted satellite dishes located within any agricultural district (A), estate district (E), residential district (R-1, R-2, R-3, R-4, and R-5) or planned development district, within the area designated solely for residential uses under a planned development agreement (PD) shall not be larger than one meter (39 inches) in diameter; and (4) Building mounted satellite dishes and antennae located within any agricultural district (A); estate district (E); residential district (R-1, R-2, R-3, R-4, and R-5); or planned development district, within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. C. Freestanding satellite dishes. Freestanding satellite dishes shall be permitted in all zoning districts, subject to the following requirements: (1) Freestanding satellite dishes shall be located in the rear yard; (2) Accessory equipment associated with a freestanding satellite dish shall be located within the principal building or within an enclosure which is constructed of materials and color scheme compatible with the principal building or within an equipment encasement not exceeding 10 feet (w) x 10 feet (1) x 5 feet (h) in size; (3) Satellite dishes and any accessory equipment enclosures shall meet the setback requirements for accessory structures as set forth in this chapter of the City Code; (4) Satellite dishes and accessory equipment enclosures shall not be located within any utility or drainage easement; and (5) Freestanding satellite dishes located within any agricultural district (A); estate district (E); residential district (R-1, R-2, R-3, RA, and R-5); or planned develop- ment district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. (6) Freestanding satellite dishes shall not exceed fifteen (15) feet in height. D. Freestanding towers and antennae. (1) Freestanding towers and antennae in residential use districts. Freestanding towers and antennae shall be permitted as an accessory use only in agricultural districts (A); estate districts (E); residential districts (R-1, R-2, R-3, R-4 and R-5); and planned development districts within the area which is designated solely for residential uses under a planned development agreement (PD), subject to the following requirements: (a) The combined height of a freestanding tower and any antenna mounted thereto shall not exceed 60 feet, in height, measured from the base of the tower to the highest point of the tower, including any antenna mounted thereto; (b) Permanent platforms or structures, exclusive of antennae, that increase off -site visibility are prohibited; (c) No more than one freestanding tower shall be permitted on any one residential lot; Supp. No. 2 CD11:43 § 11.10 EAGAN CODE (d) All setback requirements for accessory structures, as set forth in this chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower; (e) The tower shall be located in the rear yard; (f) The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration; (g) No tower shall be used for commercial purposes. (2) Freestanding towers and antennae in non-residential use districts. Notwithstand- ing paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a conditional use permit approved by city council only in limited industrial districts (I-1); general industrial districts (I-2); public facility districts (P) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD), provided an antenna shall be a permitted use in a public facility (P) provided the antenna is placed or mounted on a city water reservoir tank or tower. Freestanding towers and antennae permitted under this paragraph shall be subject to the following requirements: (a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: (i) 100 feet, measured from the base of the tower to the highest point of the tower-antenna/satellite dish combination; or (ii) 125 feet, measured from the base of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least one addi- tional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (iii) 150 feet, measured from the base of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least two addi- tional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the minimum setback distance of the tower from any residential structure shall be equal to two times the height of the tower; (c) The tower shall be located in the rear yard; Supp. No. 2 CD11:44 • • • • LAND USE REGULATIONS (ZONING) § 11.10 (d) The tower shall be self-supporting through the use of a design that uses an open -frame or monopole configuration; (e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off -site visibility are prohibited; (f) Existing vegetation on the site shall be preserved to the greatest possible extent practical; (g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet (w) x 10 feet (1) x 5 feet (h) in size. (h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. (i) No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co -location site. The city council may find that a preferred co -location site cannot accommodate the planned equipment for the follow- ing reasons: (i) The planned equipment would exceed the structural capacity of the preferred co -location site, and the preferred co -location site cannot be reinforced, modified, or replaced to accommodate the planned equip- ment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer; (ii) The planned equipment would interfere significantly with the usabil- ity of existing or approved equipment at the preferred co -location site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer; (iii) A preferred co -location site cannot accommodate the planned equip- ment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or (iv) The applicant, after a good -faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred co -location site. E. Wind energy conversion systems. Wind energy conversion systems shall be permitted only in agricultural districts (A); limited industrial districts (I-1); general industrial districts (I-2); public facility districts (P) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD) pursuant to a conditional use permit approved by city council subject to the following requirements: (1) The system shall not exceed a height of 100 feet; (2) All setback requirements for accessory structures as set forth in this Code shall be met, provided the minimum setback distance from any residential structure shall be equal to 2 times the height of the main structure of the system; Supp. No. 2 CD11:45 § 11.10 EAGAN CODE (3) All systems shall have an automatic speed control device as part of the design; (4) All systems shall comply with the Minnesota Pollution Control Agency's Noise Pollution Section (NPC 1 and NPC 2), as amended; and (5) Any wind energy conversion system which utilizes a propeller shall have neither a blade rotation diameter of greater than 35 feet nor a blade arc less than 30 feet above the ground. F. General standards. All antennae, satellite dishes, towers, and wind energy conversion systems shall be subject to the following additional requirements: (1) Location and color shall be in a manner to minimize off -site visibility to the greatest possible extent. (2) Compliance with all applicable provisions of the City Code, including the provisions of the state building code therein adopted, in addition to the require- ments set out in this subdivision. (3) No signs, other than for public safety warnings or equipment information, shall be affixed to any portion thereof; (4) No artificial illumination, except when required by law or by a governmental agency to protect the public's health and safety, shall be utilized; (5) The placement of transmitting, receiving and switching equipment shall be integrated within the site, being located within an existing structure whenever possible; any new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color scheme compatible with the principal structure and/or surrounding area or within an equipment encasement not exceeding 10 feet (w) x 10 feet (1) x 5 feet (h) in size. (6) Accessory equipment or buildings shall be screened by suitable landscaping, as set forth in this chapter, except where a design of non -vegetative screening better reflects and compliments the architectural character of the surrounding neigh- borhood; (7) Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems; (8) Structural design, mounting and installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer; and Supp. No. 2 CD11:46 • • • • LAND USE REGULATIONS (ZONING) § 11.20 (9) Towers, and any equipment attached thereto, shall be unclimable by design for the first 12 feet or completely surrounded by a six-foot high security fence with a lockable gate. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 5-25-75; eff. Ord. of 5-28-76; eff. Ord. of 9-24-76; Code 1983, § 11.10, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 154, 2nd series, eff. 12-11-92; Ord. No. 158, 2nd series, eff. 1-27-93; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 188, 2nd series, eff. 11-17-94; Ord. No. 189, 2nd series, eff. 11-17-94; Ord. No. 198, 2nd series, eff. 3-16-95; Ord. No. 204, 2nd series, eff. 10-5-95; Ord. No. 205, 2nd series, eff. 10-12-95; Ord. No. 217, 2nd series, eff. 3-28-96; Ord. No. 225, 2nd series, eff. 10-15-96; Ord. No. 232, 2nd series, eff. 5-6-97; Ord. No. 234, 2nd series, eff. 6-3-97; Ord. No. 240, 2nd series, eff. 8-19-97; Ord. No. 241, 2nd series, eff. 8-19-97; Ord. No. 242, 2nd series, eff. 8-19-97) Secs. 11.11-11.19. Reserved. Sec. 11.20. Use districts. Subd. 1. Classification. The following land use districts are hereby established under which all lands in the city shall be classified: A Agricultural district E Estate district P Public facilities district R-1 Residential single district R-2 Residential double district R-3 Residential townhouse district R-4 Residential multiple district R-5 Mobile home district LB Limited business district NB Neighborhood business district GB General business district CSC Community shopping center district RSC Regional shopping center district RB Roadside business district I-1 Limited industrial district I-2 General industrial district R-D Research and development park district PD Planned development district FP Floodplain district Subd. 2. Zoning map. The boundaries of the above districts are hereby established as shown on that certain map entitled "Zoning Map of the City of Eagan, Minnesota," which map is properly approved and filed in the office of the city clerk, hereinafter referred to as the "zoning map." Said map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set down therein and are hereby made Supp. No. 2 CD11:47 § 11.20 EAGAN CODE a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the zoning map and make same available to the public. Where a dispute arises over the city clerk's determination of the exact location of a district boundary, said dispute shall be heard by the board of appeals and adjustments for recommendation, with final determination to be made by the council. Subd. 3. A agricultural district. A. Permitted uses. Within any agricultural district no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. All types of agricultural pursuits and accessory farm structures. 2. Commercial greenhouses and nurseries. 3. Stands for the sale of agricultural products provided said products are raised on the premises. 4. One -family detached dwelling. 5. Public parks, playgrounds and public utility service facilities. 6. Reserved. B. Conditional uses. Within any agricultural district no structure or land shall be used for the following uses or uses deemed similar by the council except by a conditional use permit: 1. Any conditional use in the R-1 district as regulated therein. 2. Riding stables, boarding stables, auction facilities or sales barns, commercial feedlots or dog kennels subject to the requirements of section 6.38 of the City Code. 3. Commercial storage facilities. 4. Day care facilities providing services to 11 or more children at one time. C. Accessory uses. Within any agricultural A district, any accessory use permitted in an R-1 district shall be permitted and a wind energy conversion system, subject to the regulations thereof in this Code, shall be permitted. Subd. 4. E estate district. A. Permitted uses. Within any estate district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. One -family detached dwelling. B. Conditional uses. Within any estate district, no structure or land shall be used for the following use or uses deemed by the council except by conditional use permit: 1. Golf courses, country clubs and tennis clubs. Supp. No. 2 CD11:48 • • • LAND USE REGULATIONS (ZONING) § 11.20 C. Permitted accessory uses. Within any estate district, no structure or land or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the council: 1. Private garages and parking space. 2. Private swimming pool, tennis court, or recreation building. 3. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted on the premises. 5. Decorative landscape features. 6. The keeping of domestic animals (household) for noncommercial purposes, for the use of the occupants of the premises. 7. Building mounted antennae and satellite dishes, subject to the regulations thereof in this Code. 8. Freestanding towers, subject to the regulations thereof in this Code. Subd. 5. Residential districts. A. Permitted uses. Within any R-1, R-2, R-3, R-4, or R-5 district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. R-1 districts, one -family detached dwellings only. 2. R-2 districts, two-family dwellings only. 3. R-3 districts, townhouses only to a maximum density of 6,000 square feet per unit. 4. R-4 districts, apartments only. 5. R-5 districts, mobile homes only developed under the requirements of section 4.40 of the City Code. 6. R-1, R-2, R-3, R-4, and R-5 districts, home occupations as defined in section 11.03. 7. Reserved. 8. Manufactured homes, other than mobile homes, as defined by Minn. Stat. §§ 327.31-327.35 (R-5 only). B. Conditional uses. Within any R-1, R-2, R-3, R-4 or R-5 district, no structure or land shall be used for the following use or uses deemed similar by the council except by conditional use permit: 1. Golf courses, country clubs and tennis clubs. 2. Day care facilities providing services to 11 or more children at one time. 3. Beauty parlors, in R-1 districts only, subject to the following conditions: (a) Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. Supp. No. 2 CD11:49 § 11.20 EAGAN CODE (b) The only employee shall be an occupant of the household. (c) The parking shall be on site and shall be limited to two customer automo- biles. (d) There shall be no commercial signs advertising the business except for the type of sign that is allowed in R-1 districts. (e) There shall be no over-the-counter sales of merchandise. 4. Off-street parking, in R-4 districts only, subject to section 11.10, subdivision 12.1, except those portions thereof regarding outdoor storage. C. Permitted accessory uses. Within any R-1, R-2, R-3, R-4 or R-5 district, no structure or land or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the council: 1. Private garages and parking space. 2. Private swimming pool, tennis court, recreation building or tot -lot. 3. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted on the premises. 5. Decorative landscape features. 6. The keeping of domestic animals (household) for noncommercial purposes, for the use of the occupants of the premises. 7. Building mounted antennae and satellite dishes, subject to the regulations thereof in this Code. 8. Freestanding towers, subject to the regulations thereof in this Code. Subd. 6. Minimum area, setback and height requirements. The following chart shall establish the minimum lot area, lot width, building setback and maximum height require- ments for agricultural, estate and residential districts. Where a conflict may arise between the minimum requirements of this section and those contained in the general provision section 11.10, subdivision 6, subparagraph C, the greater requirement shall be required. A. Minimum area, setback and height regulations (also see section 11.10 subdivision 6-C). Side Yard Setback Front Yard or Max - Setback Garage imum Along or Height Use Lot Public Dwelling Accessory Rear Yard Limita- Symbol District Lot Area Width Street Unit Structure Setback tions A Agricul- 5 ac. per 300 feet 30 feet 30 feet 5 feet 30 feet tural dwelling unit Supp. No. 2 CD11:50 • • • • LAND USE REGULATIONS (ZONING) § 11.20 Side Yard Setback Front Yard or Max - Setback Garage imum Along or Height Use Lot Public Dwelling Accessory Rear Yard Limita- Symbol District Lot Area Width Street Unit Structure Setback tions E Estate 20,000 100 feet 30 feet 30 feet 10 feet 30 feet for 2V2 sq. ft., 1 a dwell- stories ac. w/o ing unit, munic- 10 feet for ipal an acces- sewer & sory bldg. water R-1 Single- 12,000 85 feet 30 feet 10 feet 5 feet 15 feet 21/2 family sq. ft., 1 stories ac. w/o munic- ipal sewer & water R-2 Double 15,000 100 feet 30 feet 10 feet 5 feet 15 feet 2V2 sq. ft. stories R-3 Townhouse 6,000 sq. ft. per unit R4 Multiple See sec. dwelling 11.20, subd. 6-B 30 feet 50 feet 30 feet 10 feet 30 feet 10 feet 30feetfor a dwell- ing unit, 10 ft. for an acces- sory bldg. 30 ft. for a dwell- ing unit, 10 ft. for an acces- sory bldg. 3 stories R-5 Mobile See sec. homes 4.40 of City Code chapter 4 Manufac- Shall be constructed according to the standards in R-1, R-2, R 3 or R-4 district, de- tured pending upon the design of the proposed development homes B. Minimum area requirements for multiple dwellings. Number of Bedrooms Number of Stories Efficiency 1-Bedroom 2-Bedroom 3-Bedroom 1 3,960 (11)* 4,355**(10) 4,840 (9) 8,270 (5) 2 2,920 (15) 3,090 (14) 3,350 (13) 5,455 (8) Supp. No. 2 CD11:50.1 § 11.20 EAGAN CODE Number of Bedrooms Number of Stories Efficiency 1-Bedroom 2-Bedroom 3-Bedroom 3 2,720 (16) 2,900 (15) 3,100 (14) 4,360 (10) 4 2,180 (20) 2,200 (19) 2,560 (18) 3,630 (12) 5 1,900 (22) 2,075 (21) 2,180 (20) 3,090 (14) 6 1,700 (24) 1,800 (23) 1,900 (22) 2,720 (16) *( ) units per acre **Square feet of land per unit All minimum required lot areas stated above shall not include public streets. C. Additional setback for heights. In all R districts, all minimum required building setbacks as stated in subparagraph A of this subdivision 6 shall be increased by three feet for each one foot of height over 35 feet. D. Special density credits. The minimum lot area requirements as stated in subparagraph B of this subdivision 6 shall be decreased in residential R-4 districts where garages are buried to the extent that the site area normally covered by garages can be occupied by other uses. The minimum required lot area in subparagraph B of this subdivision 6 shall be reduced by 300 square feet for each dwelling unit served by an underground garage. E. Ponding area as lot area. In determining the minimum required lot area under subparagraphs A and B of this subdivision 6, ponding areas or similar unbuildable areas as determined by the council shall not comprise more than ten percent of the total site area. F. Building coverage of the site. All buildings including accessory buildings together shall not cover more than 20 percent of the site area. G. Uniform building code. All homes built in a residential district, other than R-5 must meet uniform building code requirements. Manufactured homes, as defined by Minn. Stat. §§ 327.31-327.35 will be allowed in R-5 zones when constructed in compliance with the said statute. H. Exterior building finish. In all R-3 and R-4 zones, at least 50 percent of any exterior building finish shall consist of a combination of materials which are noncombustible, nondegradable and maintenance free (for example, base brick, natural stone, glass, and aluminum siding) or those comparable in grade and quality. No exterior building finish shall be sheet aluminum, asbestos, iron, steel, corrugated aluminum or untreated block. Samples of exterior building materials shall be submitted with the application. I. Architectural standards. In all R-3 and R-4 districts, architectural plans shall be prepared by a registered architect and include (1) elevations of all sides of the building; Supp. No. 2 CD11:50.2 • • • • LAND USE REGULATIONS (ZONING) § 11.20 (2) dimensions of all structures; (3) location and screening of heating, air conditioning and ventilation systems. All sides of all buildings shall be treated as a front with the same architectural treatment. Subd. 7. P public facilities district. A. Permitted uses. Within any public facilities district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools, hospitals and building mounted antennae and satellite dishes, subject to the regulations thereof in this Code. B. Conditional uses. Within any public utilities district, no structure or land shall be used for the following uses or uses deemed similar by the city, except by a conditional use permit: 1. On -sale beer at golf courses with clubhouses only in conformity with City Code chapter 5. 2. On -sale beer through temporary licenses with a maximum of four days only in conformity with City Code chapter 5. 3. Subject to section 11.10, subdivision 29, seasonal outdoor sales. 4. Freestanding tower, and wind energy conversion system subject to the regula- tions thereof in this Code. C. Permitted accessory uses. Within any public facilities district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Subject to section 11.10, subdivision 29, temporary outdoor event. D. Developments within a public facilities district shall meet the following requirements: 1. Prior to construction or alteration of any such facility, a building permit approved by the council shall be required. 2. Every structure within a public facilities district shall have a minimum setback from its lot or land area boundaries of two feet of setback for each one foot in height of such structure, excluding steeples, ornaments or antennas. This provision shall not allow a minimum structure setback of less than 30 feet nor require a minimum structure setback of more than 50 feet. (Example: 15-foot tall or less structure = minimum 30-foot setback; 20-foot tall structure = minimum 40-foot setback; and 25-foot or taller structure = minimum 50-foot setback.) 3. Parking areas commensurate with the type of and use of any public facility shall be required which shall be determined by the council. 4. Public utility structures and equipment, even though owned by profit -making enterprises, however, may be permitted where the location thereof is necessarily restricted by virtue of operation or utility. Subd. 8. PD planned development district. A. Purpose and intent. This is supplementary to all other zoning districts contained in this chapter, the purpose of which is to encourage, under appropriate circumstances, a Supp. No. 2 CD11:50.3 § 11.20 EAGAN CODE more creative, varied and efficient use of land in the city. Where such supplementary zoning is approved, it shall be deemed supplementary and superimposed over the basic zoning of the property under consideration. Where a conflict may arise between the requirements of the supplementary and basic zoning, those requirements related to the supplementary zoning shall prevail. B. Determination. In considering any petition for such district, the planning commission and the council, in the interests of carrying out the intent and purpose of this subdivision, shall determine whether or not such planned development will: 1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; 2) be feasible for the owner and developer economically to complete according to proposed plans; and 3) benefit the community at large to a greater degree than would development of the underlying zoning district. C. Procedure. All petitions for a planned development shall be processed in accordance with applications for zoning under this chapter, building permits under City Code chapter 4 and subdivisions under City Code chapter 13, and all other applicable City Code provisions. In addition, the applicant shall be required to submit all such further data, drawings, exhibits, plans, specifications, time projections for development of the district, financial information and any other materials that the planning commission and/or the council shall deem necessary and appropriate to a consideration of any planned development petition. Initially such petition shall be in the form of a "preliminary plan" as outlined in subdivision 6, subparagraph B of section 11.40. Upon approval being granted by the council and prior to any construction, the applicant shall be required to submit "final plans" as described in subdivision 6, subparagraph D of section 11.40. D. Planned development agreement. As a part of the approval of the "preliminary plan," a "planned development agreement" shall be approved by the council as described in subdivision 6, subparagraph C of section 11.40. E. Annual review, extension and termination. 1. The planning commission and the council shall review annually, after approval of the preliminary plan, the progress of each planned development to determine whether or not the applicant has substantially complied with the planned development agreement. (a) Each body shall make note thereof in its minutes. (b) If the applicant/owner/developer of an unexpired planned development agreement has failed to comply with the agreement, the council may, in its sole discretion, after recommendation by the advisory planning commission, at a duly advertised and noticed public hearing as required by section 11.40, subdivision 5, remove the superimposed planned development zoning by resolution, and the land area within the planned development shall auto- matically revert to its prior basic zoning classification. • • • Supp. No. 2 CD11:50.4 • • • LAND USE REGULATIONS (ZONING) § 11.20 2. Upon the expiration of the term of a planned development agreement for a development which has not been substantially completed, a duly advertised and noticed public hearing, as required by section 11.40, subdivision 5, shall be held by the planning commission, which shall make a recommendation to the council whether the planned development agreement shall be terminated, and if termi- nated, whether the planned development zoning shall be removed. The applicant shall provide an accurate list of property owners within 350 feet of the develop- ment. (a) The council may extend the planned development agreement noting its reasons in its minutes. (b) If the council determines that the planned development agreement shall be terminated, it shall also determine whether the planned development zoning shall be removed. F. Permitted accessory uses. Within any planned development district, the following uses or uses deemed similar by the council shall be permitted accessory uses to any commercial or industrial principle use: 1. Subject to section 11.10, subdivision 29, temporary outdoor event. Subd. 9. LB limited business district. A. Description. Limited business districts are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). B. Permitted uses. Within any LB district, no structure or land shall be used except for one or more of the following uses, or uses deemed similar by the council: 1. Municipal buildings where the use conducted is customarily considered to be an office use. 2. Professional offices, banks and savings and loan. 3. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 4. Clinics for human care. 5. Institutional uses: library, swimming pools, churches, public schools, religious centers, health centers, and community buildings. 6. Funeral homes and mortuaries. 7. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. C. Conditional uses. Within any LB district, no structure or land shall be used for the following uses or uses deemed similar by the council except by conditional use permit: 1. Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers, private schools. Supp. No. 2 CD11:50.5 § 11.20 EAGAN CODE 2. Art, interior decorating, photographic or music studio, provided no retail sales are made of products not manufactured on the site. 3. Radio and television studios. 4. Private clubs and lodges. 5. Historical buildings, museums, art institutions, galleries and playhouses. 6. Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district. 7. On -sale liquor in conjunction with a restaurant facility. 8. Restaurants —Class I only those granted a permit according to applicable City Code provisions to serve 3.2 beer or wine. 9. Reserved. 10. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 11. Subject to section 11.10, subdivision 29, seasonal outdoor sales. D. Permitted accessory uses. Within any LB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Private garages, off-street parking and loading spaces, as regulated by this chapter. 2. Building temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. 3. Public telephone booths provided all yard requirements are met. 4. Subject to section 11.10, subdivision 29, temporary outdoor event. 5. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. Subd. 10. NB neighborhood business district. A. Description. Neighborhood business districts are small business areas located in the center of a residential neighborhood to serve the daily retail needs of adjoining residents. B. Permitted uses. Within any NB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Retail shopping center developed under the following conditions: (a) An overall plan shall be submitted and approved by the city including architecture, parking, driveways, landscaping and screening before construc- tion is commenced. 2. Retail shopping center uses shall be limited to the following unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: dairy store or quick -stop food Supp. No. 2 CD11:50.6 • • • • LAND USE REGULATIONS (ZONING) § 11.20 store; bakeries; barbershop, beauty parlor; Christmas tree sales (including outdoor sales); drugs; florists; gifts; hardware; hobby shops; laundry and dry cleaning; laundromat; phonograph records; photography studios; shoes; sporting goods; variety stores; off -sale liquor store; restaurants with sit-down facility only; clubs; lodges; sports and health clubs; indoor theater; offices and quick -print. 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. 4. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 5. Banks and savings and loan office. 6. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 7. Rental shops. C. Conditional uses. Within any NB district, no structure or land shall be used for the following uses or uses deemed similar by the council, except through the granting of a conditional use permit: 1. Subject to section 11.10, subdivision 29, outdoor storage and then only conducted by an occupant of the principal building. 2. On -sale liquor, wine or 3.2 beer. 3. Automobile service stations which may be permitted under the following condi- tions: (a) The size, location, design and number of stations shall be approved by the city as a part of the approval of the overall design required under subpara- graph B, item 1 of this subdivision. (b) The opening of any service station shall follow and not precede the construction and occupancy of a minimum of 10,000 square feet of retail shopping center floor space. (c) Access shall be approved as a part of the approval of the overall plan. (d) Rental of trailers or similar vehicles shall not be permitted. 4. Banks and savings and loan offices with drive -up tellers. 5. Animal clinic when contained within a building. 6. Amusement devices exceeding three machines at one licensed location or within 200 feet of any other licensed location. 7. Subject to section 11.10, subdivision 29, seasonal outdoor sales. D. Permitted accessory uses. Within any NB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Accessory uses as permitted in any other business district. Supp. No. 2 CD11:50.7 § 11.20 EAGAN CODE 2. Essential service facilities such as printing shops and cafeterias which are accessory and customarily associated with the principal use. 3. Subject to section 11.10, subdivision 29, temporary outdoor event. E. Conditional accessory uses. 1. Carwash. Limited to one stall. Subd. 11. GB general business district. A. Description. General business districts areas are designed for heavy uses and those businesses which tend to serve other businesses and industry, as well as residents. These uses can be incompatible with residential development; therefore, businesses in this zoning classification are concentrated and insulated as much as possible from residential areas. B. Permitted uses. Within any GB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Offices where goods are not produced. 2. Lumber, heating and plumbing shops and similar constructional material sales and service facilities (outdoor storage subject to conditional use). 3. Wholesale office, sales or showroom for furniture, carpets and rugs and similar household goods. 4. Bowling alley, tennis club, skating, theater, archery and similar commercial recreation facilities when contained within a building. Supp. No. 2 CD11:50.8 • • • • LAND USE REGULATIONS (ZONING) § 11.20 LB NB GB CSC RSC RB Maximum Building Cover- age: Coverage of lot 20% 20% 35% 30% 30% 30% Maximum Building Height: Maximum height 30 ft. 20 ft. 35 ft. 35 ft. 35 ft. Minimum Retail Floor Area: Minimum area (initial 20,000 100,000 bldg.) sq. ft. sq. ft. B. Additional area standards and requirements for commercial districts. The following requirements are in addition to those in subparagraph A above. Where there may be a conflict, those requirements under this subparagraph shall prevail: 1. Front setbacks —Prevailing. Where adjoining structures existing on the effective date of this chapter have a different setback from that required, the front setback of a new structure shall conform to the prevailing setback in the immediate vicinity. The chief building official shall determine the necessary front yard setback in such cases. 2. Side and rear setbacks —Party walls. Buildings may be excluded from side and rear setback requirements if party walls are used and if the adjacent buildings are constructed as an integral structure. This shall not permit structures closer to residential districts, however, than required under subparagraph A above. 3. Height. Buildings or structures in excess of the maximum height limitations imposed by subparagraph A above may be allowed as conditional uses as defined in section 11.03, subject to the following conditions: (a) The height of buildings or structures in commercial and industrial districts shall be as approved by the city except as regulated in air traffic corridors. (b) The front setbacks shall not be less than three -fourths of the height of the building or structure. The rear and side setbacks shall not be less than one-half of the height of the building. (c) The maximum required green area for the buildings or structures over three stories shall be 60 feet on the front and 25 feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts by five feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure, and number of guest parking spaces shall be determined by the council. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. Supp. No. 2 CD11:57 § 11.20 EAGAN CODE (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the designated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single-family residential district as measured from the nearest point of such building or structure to the nearest point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structures top floor elevation in relation to single-family residential dwellings in the area. Subd. 16. Limited industrial (1-1) district. A. Purpose. The purpose of the I-1 limited industrial district is to provide for the establishment of a variety of warehousing, manufacturing and light industrial uses, including large volume truck oriented uses. The regulations in this subdivision set forth the development requirements that are to minimize any potential detrimental effects of a particular industrial use and ensure compatibility with adjacent land uses. B. Permitted uses. Within any limited industrial (I-1) district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 2. Animal hospital or clinic (with no outside kennel). 3. Armories or convention hall. 4. Assembly, processing, fabrication, packaging or manufacturing of a wide variety of products that produce no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. 5. Athletic complexes. 6. Automobile major repair when conducted completely in an enclosed building. 7. Churches. 8. Ice, cold storage plants, bottling works. 9. Machine and welding shops. 10. Mini -warehouse storage facilities. 11. Offices. Supp. No. 2 CD11:58 • • • • LAND USE REGULATIONS (ZONING) § 11.20 12. Radio, television and movie productions studios. 13. Research laboratories. 14. Restaurants, class 1 only. 15. Tennis club, skating, theater, bowling alley or similar indoor commercial recre- ation. 16. Trade school. 17. Warehousing and wholesaling and related sales or showrooms. C. Conditional uses. Within the limited industrial (I-1) district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Amusement devices exceeding three machines at one licensed location or to be located within 500 feet of any other licensed location. 2. Car or truck wash when conducted as a principal use. 3. Contractors' yards. 4. Dog kennels with outside pens and subject to Chapter 6 of the City Code. 5. Freestanding tower or wind energy conversion system, subject to the regulations thereof in this Code. 6. Fuel storage tank(s) located above ground, subject to the outdoor storage regulations in this chapter. 7. Manufacture, storage or utilization of explosives. 8. Motor fuel sales serving industrial or trucking uses. 9. Off -site off-street parking and off -site outdoor storage, subject to the regulations thereof in this chapter. 10. On -sale wine and 3.2 beer. 11. Outdoor storage conducted by an occupant of the principal building, subject to the outdoor regulations in this chapter. 12. Sales, leasing, or service for trucks or passenger cars when conducted as a principal use. 13. Sales yards for building materials, conducted by an occupant of the principal building, subject to the outdoor storage regulations in this chapter. 14. Truck and freight terminals. 15. Truckstops. D. Permitted accessory uses. Within any limited industrial (I-1) district, the following uses shall be permitted when conducted as accessory to the principal use on the property. 1. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. 2. Car or truck was consisting of a single wash bay, when serving only the principal use. Supp. No. 2 CD11:59 § 11.20 EAGAN CODE 3. Sales, leasing, or service of trucks or passenger cars when serving only the principal use. 4. Temporary outdoor event, subject to the regulations thereof in this chapter. Subd. 17. General industrial (1-2) district. A. Purpose. The purpose of the limited industrial (I-2) general industrial district is to provide for the establishment of heavier industrial uses that, because of the nature of the product or character of operation, require separation from or special protections for non -industrial uses. B. Permitted uses. Within any limited industrial (I-2) district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Any use permitted as a conditional use in the limited industrial (I-1) district, except: (a) Manufacture, storage or utilization of explosives; (b) Off -site off-street parking and off -site outdoor storage subject to the regu- lations thereof in this chapter. 2. Any use permitted in the limited industrial (I-1) district. 3. Crude oil, gasoline or other liquid storage tanks. 4. Manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: Brewing, cement, concrete, stone cutting, brick, glass, batteries (wet cell), ceramic products, mill working, metal polishing and plating, paint (pigment manufacturing), vinegar works, rubber products, plastics, meat packing, flour, feed or grain milling, coal or tar asphalt distillation, rendering works, distillation of bones, sawmill, lime, gypsum, plaster of Paris, glue, size, cloth, and similar uses. C. Conditional uses. Within the limited industrial (I-2) district, no structure or land shall be used for the following uses or uses deemed similar by the council except by conditional use permit: 1. Acid manufacture. 2. Auto wrecking, junkyard, used auto parts (open storage) and similar uses. 3. Commercial stockyard, auction sales or slaughtering of animals. 4. Creosote plant. 5. Incineration or reduction of waste material other than customarily incidental to a principal use. 6. Kilns, or other heat processes fired by means other than electricity. 7. Manufacture or storage of poison, fertilizer, fuel briquettes. 8. Manufacture, storage or utilization of explosives. • Supp. No. 2 CD11:60 • • • LAND USE REGULATIONS (ZONING) § 11.20 9. Off -site off-street parking and off -site outdoor storage subject to the regulations thereof in this chapter. 10. Refining of crude oil. 11. Refuse or garbage disposal. C. Permitted accessory uses. Within any limited industrial (I-2) district, the following uses shall be permitted when conducted as accessory to the principle use on the property: 1. All uses permitted as accessory uses in the limited industrial (I-1) district except temporary outdoor events. Subd. 18. R-D research and development district. A. Purpose. The purpose of the research and development (R-D) district is provide for professional research and development and limited industrial structures and opera- tions. The development standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design so as to be compatible with and protect the full use, benefit, and enjoyment of surrounding residential property. It is not the purpose of this subdivision to permit ordinary and usual types of industrial structures and operations which more appropriately qualify only under the foregoing industrial classifications. B. Permitted uses. Within research and development (R-D) districts, no structure or land shall be used or excepted for one or more of the following uses or uses deemed similar by the council. 1. Agriculture. 2. Any combination of research and development (R-D) laboratories and general offices. 3. General offices. 4. Light manufacturing and processing of a type producing negligible smoke, dust, odor, fumes or noise when conducted in conjunction with research and develop- ment (R-D) laboratories or general offices and compatible with subparagraph A above. 5. Research and development laboratories. C. Reserved. D. Permitted accessory uses. Within research and development (R-D) districts, the following uses shall be permitted when conducted as an accessory to the principal use on the property: 1. Guesthouses owned and maintained in conjunction with permitted uses. 2. Recreational areas and similar uses for the primary benefit of employees. 3. Temporary outdoor event subject to the regulations thereof in this chapter. Supp. No. 2 CD11:61 § 11.20 EAGAN CODE Subd. 19. BP business park district. A. Description. The business park (BP) district is intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to nonindustrial development. More intensive industrial uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design to create an attractive and unified development character. B. Permitted uses. Within any business park (BP) district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Financial institutions and banks (without drive -through). 2. Office and office buildings. 3. Office/warehouses and office/showrooms. 4. Processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meet and maintain all applicable standards established by the state. 5. Public utility uses. 6. Research laboratories, when wholly contained within a building and which meet and maintain all applicable standards established by the state. 7. Technical, vocational and business schools. C. Conditional uses. Within the business park (BP) district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Day care facilities. 2. Financial institutions and banks with drive -through facilities. 3. Health care facilities. 4. Health and fitness clubs. 5. Hotels and motels. 6. Off-street parking and loading as regulated in section 11.10, subdivision 12.1, herein. 7. Restaurants (class I). D. Permitted accessory uses. Within the BP district, the following uses shall be permitted when incidental to and clearly subordinate to the permitted principal use: 1. Coffeeshops and cafeterias located within the principal structure. 2. Garage or similar structure to store vehicles and equipment. 3. Parking and loading as regulated herein. Supp. No. 2 CD11:62 • • • • LAND USE REGULATIONS (ZONING) § 11.20 4. Retail sales of products manufactured, warehoused or distributed on the prem- ises where the retail floor area does not exceed 15 percent of the gross floor area or 3,000 square feet, whichever is less, of the building in which the sales area is located. Subd. 20. Minimum area requirements. The following table sets forth the minimum area and size requirements for property development in the RD, BP, I-1, and I-2 districts. RD Research & Develop- BP Business I-1 Limited I-2 General ment Park Industrial Industrial Lot area (acres) 401 1.5 acres V2 1 Lot width (feet) 300 100 100 200 Building setback from public 40 40 40 40 street (see also section 11.20, subd. 6C) (feet) Building setback - side (feet) 20 20 20 20 Building setback - rear (feet) 20 20 20 20 Parking setback from public 20 20 20 20 street and property guided2 P, parks, and PF, public facilities (feet) Parking setback - side (feet) 5 5 5 5 Parking setback - rear (feet) 5 5 5 5 Building, parking and outdoor 50 50 100 100 storage3 setback adjacent to properties guided2 for residen- tial use when properties di- rectly abut each other (feet) Building and outdoor storage3 50 50 50 50 setback adjacent to properties guided2 for residential or pub- lic use when properties are sep- arated by a street, or when directly abutting property guid- ed2 P, park, and PF, public fa- cilities (feet) Building height (feet) 45 454 40 40 Building coverage (percent of 20 40 35 35 total lot area) Note: Additional lot requirements are outlined in Subd. 21. 1For R-D district, the minimum required 40-acre lot shall only pertain to the initial planning and rezoning and shall not preclude the subsequent subdivision of an area into small lots for development in accordance with plans for the overall area initially rezoned. Supp. No. 2 CD11:63 § 11.20 EAGAN CODE 2Land use guide designation per city's comprehensive guide plan. 3In the BP and RD districts, outside storage shall not be allowed. Long-term outdoor parking or storage of commercial tractors and trailers is also prohibited. 4In BP districts, building heights up to 80 feet may be permitted subject to air traffic corridor regulations and a one -foot increase in setback for each additional foot of building height over the maximum allowed per subdivision 20, up to a maximum setback of 60 feet on the front and 40 feet on the side and rear yards. Subd. 21. Additional standards and requirements. The following requirements are in addition to those in subdivisions 16, 17, 18, 19 and 20 of this section for industrial districts (I-1, I-2, RD and BP). Where there is a conflict, the requirements under this subdivision shall prevail. A. Height. Buildings or structures in excess of the maximum height limitations imposed by subdivision 20 of this section may be allowed subject to the following standards: 1. Buildings in air traffic corridors, as defined in the comprehensive guide plan, shall be subject to additional height restrictions per air traffic corridor regula- tions. 2. The maximum required setback for buildings structures over three stories shall be 60 feet on the front and 30 feet on the side and rear yards. The setbacks shall be increased from the standard setback requirements by five feet per story on the front, side and rear yards until the maximum required setback has been obtained. 3. A building or structure in excess of the permitted maximum height, per subdivision 20, shall not be allowed if it is located less than 300 feet from a single-family residential district as measured from the nearest point of such building or structure to the nearest point of the residential district. B. Screening and landscaping requirements. Screening and landscaping of development shall be provided in accordance with the requirements of section 11.10, subdivision 15, with the following additional requirements: 1. Whenever an I-1, I-2, RD or BP district is across the street from property guided for residential or public facilities land uses, or directly abutting property guided PF (Public Facilities) a buffer yard/setback with a minimum depth of 50 feet shall be maintained adjacent to the street, to provide screening of all loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combination thereof, to provide a minimum height of 6 feet and a minimum 75 percent opacity at the time of installation. 2. Whenever an I-1 or I-2 district is directly abutting property guided for residential land uses, a bufferyard/setback with a minimum depth of 100 feet shall be maintained, to provide screening of all parking, loading and outside storage Supp. No. 2 CD11:64 • • • • LAND USE REGULATIONS (ZONING) § 11.20 areas. Screening may consist of landscaping, berms, fencing and walls, or any combination thereof to provide a minimum height of 6 feet and a minimum 75 percent opacity at the time of installation. 3. Whenever an RD or BP district is directly abutting property guided for residen- tial land uses, a bufferyard/setback with a minimum depth of 50 feet shall be maintained to provide screening of all loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combi- nation thereof to provide a minimum height of 6 feet and a minimum 75 percent opacity at the time of installation. 4. In the RD and BP districts, a minimum three-foot high solid screen, consisting of plantings, berms, and/or decorative walls shall be provided within the required setback where off-street parking areas abut a public right-of-way or property with a different zoning or land use designation. 5. In the RD and BP districts, ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets. C. Signage provisions. Signage shall be provided in accordance with the requirements of Chapter 4 with the following additional requirements: 1. Building facade signage on multi -tenant buildings shall be evenly distributed between all tenants. 2. In multi -lot developments, the design and placement of monument and direc- tional signs shall be coordinated through an overall signage plan. 3. In the RD and BP districts, no pylon or roof signs shall be allowed. 4. In the RD and BP districts, building facade signage shall be limited to ten percent of the facade area. D. Building exterior treatment. In business park (BP) districts exclusively, building exterior treatments shall comply with the following requirements: 1. Building materials. Major exterior surfaces of all primary structures shall be constructed of face brick, stone, glass, stucco, synthetic stucco, architectural concrete, cast in place or precast panels, or decorative block. Up to 15 percent of any wall surface may be constructed of wood, vinyl, or metal, as accent materials, provided they are appropriately integrated into the overall building design. No exterior surfaces shall be constructed of sheet aluminum, asbestos, iron, steel, plain concrete block or corrugated aluminum. Roofs, except flat roofs, shall be constructed of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. 2. Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size (scale), and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25 percent of the Supp. No. 2 CD11:65 § 11.20 EAGAN CODE canopy area. Internally illuminated canopies must be compatible with the overall color scheme of the building. The area of illumination shall be considered signage. Subd. 22. Floodplain districts. Floodplain districts may be established under normal procedures for zoning property established by this chapter. Floodplain district zoning shall pertain to those areas of the city subject to periodic flooding. Floodplain districts shall be a zoning in addition to the base zoning district. Where a conflict may arise between the requirements of the base zone or the overlying floodplain zoning, the requirements or regulations related to floodplain zoning shall prevail. Floodplain district regulations shall be established by a separate section of this chapter. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 5-25-75; eff. Ord. of 5-28-76; eff. Ord. of 9-24-76; eff. Ord. of 7-21-78; eff. Ord. of 3-23-79; eff. Ord. of 4-23-79; eff. Ord. of 8-8-80; eff. Ord. of 10-2-81; eff. Ord. of 4-27-82; eff. Ord. of 8-10-82; Code 1983, § 11.20, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 36, 2nd series, eff. 4-11-86; Ord. No. 55, 2nd series, eff. 6-10-88; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 76, 2nd series, eff. 2-7-89; Ord. No. 120, 2nd series, eff. 5-17-91; Ord. No. 131, 2nd series, eff. 11-19-91; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 177, 2nd series, eff. 1-26-94; Ord. No. 191, 2nd series, eff. 1-5-95; Ord. No. 206, 2nd series, eff. 10-12-95; Ord. No. 208, 2nd series, eff. 12-7-95; Ord. No. 215, 2nd series, eff. 3-28-96; Ord. No. 220, 2nd series, eff. 5-16-96; Ord. No. 225, 2nd series, eff. 10-15-96; Ord. No. 237, 2nd series, 7-1-97; Ord. No. 243, 2nd series, eff. 8-19-97) Sec. 11.21. Shoreland zoning. Subd. 1. Purpose and intent. The unregulated use of shorelands within the city contributes to the pollution of public waters and impairment of the local tax base, thereby threatening the public health, safety and general welfare. Therefore, it is in the best interests of public health, safety and welfare to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for effective and efficient use of waters and related land resources. Subd. 2. Scope. The provisions of this section shall apply to conduct, including, but not limited to, the use of any shoreland of public waters; the size and shape of shoreland lots; the use, size, type and location of structures on shoreland lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land which has shoreland area. Supp. No. 2 CD11:66 • • • • • • CODE COMPARATIVE TABLE Ordinance Number, Effective Section Series Date this Code 160, 2nd 3-26-93 9.12 164, 2nd 4- 9-93 11.21 162, 2nd 4-20-93 5.52 5.70 161, 2nd 4-30-93 5.81 162, 2nd 4-30-93 5.01 5.19 165, 2nd 5-14-93 10.11 166, 2nd 5-14-93 10.40 167, 2nd 6-18-93 4.20 168, 2nd 7-15-93 2.80 170, 2nd 10-29-93 6.46 171, 2nd 10-29-93 10.10 172, 2nd 11-12-93 11.03 11.10 11.20 173, 2nd 1-14-94 5.52 174, 2nd 1-14-94 5.52 176, 2nd 1-26-94 11.03 177, 2nd 1-26-94 11.20 175, 2nd 2- 4-94 10.40 178, 2nd 3-18-94 2.11 179, 2nd 6-24-94 14.01 180, 2nd 6-24-94 2.79 181, 2nd 6-24-94 5.12 182, 2nd 6-24-94 8.01 183, 2nd 6-24-94 10.40 185, 2nd 9- 1-94 10.21 186, 2nd 10-13-94 6.39, 6.40 188, 2nd 11-17-94 11.03 11.10 11.40 189, 2nd 11-17-94 11.10 190, 2nd 11-17-94 11.22 191, 2nd 1- 5-95 11.03 11.20 192, 2nd 1-12-95 6.37 193, 2nd 1-12-95 3.05 194, 2nd 1-12-95 3.06 195, 2nd 1-12-95 3.07 196, 2nd 1-12-95 3.08 199, 2nd 2-23-95 13.10 198, 2nd 3-16-95 11.10 201, 2nd 4-27-95 4.01 202, 2nd 5-11-95 11.03 203, 2nd 7-13-95 10.11 Supp. No. 2 CCT:7 EAGAN CODE Ordinance Number, Effective Section Series Date this Code 204, 2nd 10- 5-95 11.10 205, 2nd 10-12-95 11.10 206, 2nd 10-12-95 11.20 207, 2nd 10-26-95 6.36 208, 2nd 12- 7-95 11.20 209, 2nd 12-14-95 13.10 210, 2nd 2- 8-96 6.37 211, 2nd 2-15-96 6.47 212, 2nd 2-15-96 10.10 213, 2nd 3-14-96 6.37 214, 2nd 3-28-96 11.03 215, 2nd 3-28-96 11.20 217, 2nd 3-28-96 11.10 218, 2nd 5- 2-96 6.37 219, 2nd 5- 2-96 3.20 220, 2nd 5-16-96 11.20 222, 2nd 9-12-96 6.37 223, 2nd 9-12-96 10.01 224, 2nd 9-26-96 2.11 225, 2nd 10-15-96 11.03, 11.10, 11.20 226, 2nd 11- 4-96 2.38 227, 2nd 11-19-96 7.05 228, 2nd 12- 4-96 5.52 229, 2nd 3- 4-97 6.39 230, 2nd 4-15-97 Adopting Ord., p. ix.i 231, 2nd 4- 1-97 6.48 232, 2nd 5- 6-97 4.50 11.03 11.10 233, 2nd 6- 3-97 5.05, 5.70, 5.52 234, 2nd 6- 3-97 11.10 236, 2nd 7- 1-97 2.52 237, 2nd 7- 1-97 11.20 238, 2nd 8- 5-97 2.38 239, 2nd 8-19-97 11.03 240, 2nd 8-19-97 11.10 241, 2nd 8-19-97 11.10 242, 2nd 8-19-97 11.10 243, 2nd 8-19-97 11.20 Supp. No. 2 CCT:8 • • • • CODE INDEX Section A ABANDONMENT Abandoned property Abandoned vehicles, disposal of 2.70 Subd. 1 Disposal of unclaimed property 2.70 Subd. 2 Excess property, disposal of 2.70 Subd. 3 Unclaimed property, disposal of 2.70 Subd. 2 Abandoned water services penalty 3.20 Subd. 3 Motor vehicles 10.50 Water services 3.20 Subd. 3 ABSENTEE BALLOT COUNTY BOARD Designated ACQUISITIONS Advisory parks commission's duties ADDRESSES Building numbers 2.73 2.52 Subd. 2 2.78 ADMINISTRATION Administrative appeal, right to 2.06 Authority and purpose of provisions 2.01 City administrator Agreement 2.09 Subd. 6 Appointment and removal 2.09 Subd. 2 Compensation 2.09 Subd. 5 Duties 2.09 Subd. 4 Position established 2.09 Subd. 1 Qualifications 2.09 Subd. 3 City seal 2.05 Council Generally 2.202 et seq. See: CITY COUNCIL Even -year election 2.15 Facsimile signatures 2.08 Interim emergency succession Duties of interim emergency council 2.10 Subd. 3 Local offices, succession to 2.10 Subd. 2 Purpose of provisions 2.10 Subd. 1 Rules of procedure for appeals and other hearings 2.07 Workers' compensation City officers 2.12 Subd. 2 Contractors 2.12 Subd. 1 ADVERTISING Drug paraphernalia Parking for purpose of advertising ADVISORY COMMISSIONS AND COMMITTEES. See: BOARDS, COMMITTEES AND COMMISSIONS Supp. No. 2 CDi:1 10.34 9.15 EAGAN CODE AGE Beer, wine and liquor licensing Minor age regulations AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGENCIES OF CITY AGREEMENTS. See: CONTRACTS AND AGREEMENTS Section 5.12 AGRICULTURE Commercial turf fertilizer application 6.48 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) AIR POLLUTION Control 10.41 ALARMS Fire, burglar and safety alarm regulations and require- ments 10.43 ALCOHOLIC BEVERAGES Beer, wine and liquor licensing and regulation Applications and licenses under provisions Action 5.02 Subd. 4 Application 5.02 Subd. 1 Application and investigation fees 5.02 Subd. 3 Duplicate licenses 5.02 Subd. 5 False statements 5.02 Subd. 2 Persons disqualified 5.02 Subd. 8 Posting 5.02 Subd. 6 Procedure and administration 5.02 Resident manager or agent 5.02 Subd. 7 Beer license Fees 5.31 Required 5.30 Restrictions and regulations 5.33 Certain buildings and grounds, alcoholic beverages in 5.17 Conditional licenses 5.06 Conduct on licensed premises 5.09 Confections containing alcohol 5.19 Consumption and display Approval 5.80 Subd. 6 License fee 5.80 Subd. 5, 5.81 Subd. 2 License required 5.80 Subd. 2, 5.81 Subd. 1 Limitation on number 5.80 Subd. 4 One -day license 5.80 Prohibition 5.80 Subd. 1 Supp. No. 2 CDi:2 • • • • CODE INDEX Section ANIMALS AND FOWL (Cont'd.) Keeping 10.12 Subd. 2 Treatment 10.12 Subd. 4 Trespasses 10.12 Subd. 6 Kennels 6.38 Parks and recreation areas Unlawful acts by animals in parks 10.23 Subd. 3 Pet shops Diseased animals 6.43 Subd. 3 Generally 6.43 Rabies control Dogs and cats 10.11 Subd. 10 Special hunting permit 6.47 Stables 6.41 Trapping prohibited; exceptions 10.13 ANNEXATIONS Certain ordinances not affected by Code 1.14 Subd. 1.I ANNUAL BUDGET. See: BUDGET APPEALS Administrative appeal, right to 2.06 Local lodging tax 2.80 Subd. 13 Rules of procedure for appeals 2.07 APPOINTMENTS City administrator 2.09 Subd. 2 Departments generally 2.30 Subd. 2 APPROPRIATIONS Certain ordinances not affected by Code 1.14 Subd. 1.F ASSESSMENTS Special assessments. See that subject ASSOCIATIONS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 AUTOMOBILES. See: MOTOR VEHICLES AND TRAF- FIC BED TAX Local lodging tax BEER Licensing and regulation See: ALCOHOLIC BEVERAGES BILLBOARDS. See: SIGNS AND BILLBOARDS 2.80 5.01 et seq. BOARD OF ADJUSTMENT AND APPEALS Advisory board of adjustments and appeals 2.53 Supp. No. 2 CDi:5 EAGAN CODE BOARDS, COMMITTEES AND COMMISSIONS Absentee ballot county board Advisory board of adjustments and appeals Advisory commissions and committees generally Advisory parks commission Advisory planning commission Board of adjustments and appeals Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) City administrator's duties Code definitions Section 2.73 2.53 2.50 2.52 2.51 2.09 Subd. 4.A 1.02 BOATS AND BOATING Parks and recreation areas, unlawful acts 10.23 Subd. 5 Rules and regulations governing boating and related water activities within the city 10.24 Disturbance 10.24 Subd. 3 Exceptions 10.24 Subd. 2 General 10.24 Subd. 1 Ice fishing houses 10.24 Subd. 4 Pontoons and floating rafts 10.24 Subd. 6 Seasonal docks 10.24 Subd. 5 State laws, adoption of 10.24 Subd. 7 BOND ISSUES Certain ordinances not affected by Code 1.14 Subd. 1.B BONDS, SURETY OR PERFORMANCE Listing of uncoded ordinances in effect. See Chapter 25 Pawnshop license requirements 6.45 Subd. 7 Tree maintenance contractors' licensing requirements6.44 Subd. 4 BOULEVARDS Code definitions 1.02 BOUNDARIES Certain ordinances not affected by Code 1.14 Subd. 1.I Special service district No. 1 Area included within 14.01 Subd. 4 BOWS AND ARROWS. See also: FIREARMS AND WEAP- ONS Use of BRUSH. See: WEEDS AND BRUSH 10.10 Subd. 8 BUDGET Advisory parks commission's duties 2.52 Subd. 2 City administrator's duties 2.09 Subd. 4.0 Departments generally Budgetary information 2.30 Subd. 5 Supp. No. 2 CDi:6 • • • • CODE INDEX Section BUILDINGS Building code Adopted 4.01 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.A Building numbers Posting 2.78 Subd. 2 Required 2.78 Subd. 1 Specifications 2.78 Subd. 3 Building permits Fees 4.02 Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 Required 4.03 Construction headquarters and material storage areas 4.60 Excavations and fills 4.30 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Moving buildings Building mover endorsement 4.10 Subd. 12 Building permits and certificates of occupancy 4.10 Subd. 11 Conditional permits 4.10 Subd. 10 Council review 4.10 Subd. 7 Denial of permit 4.10 Subd. 13 Fees and deposits 4.10 Subd. 6 Moving days 4.10 Subd. 9 Moving hours 4.10 Subd. 8 Moving permit required and application 4.10 Subd. 2 Owner's permit required and application 4.10 Subd. 4 Liability to city 4.10 Subd. 5 Permits and special requirements for Definitions 4.10 Subd. 1 Outdoor swimming pools 4.70 Protective inspections department 2.35 Signs Construction of 4.20 Subd. 1 Placement, erection maintenance of 4.20 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach parks, construction and maintenance of . 4.40 Violation a misdemeanor 4.99 BURGLAR ALARMS Regulations and requirements 10.43 BUSINESSES Business signs 4.20 Subds. 5, 6 License regulations 6.01 et seq. See: LICENSES AND PERMITS Supp. No. 2 CDi:7 EAGAN CODE Section CABLE TELEVISION Franchises Listing of uncoded ordinances in effect. See Chapter 25 CANVASSERS. See: PEDDLERS, CANVASSERS AND SOLICITORS CARNIVALS, CIRCUSES AND FAIRS Shows 6.32 CARS. See: MOTOR VEHICLES AND TRAFFIC CERTIFICATES Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 CHEMICAL TREATMENT Tree maintenance contractors' licensing requirements. 6.44 Subd. 6 CITATIONS Code regulations 1.08 Issuance of citations 2.38 CITY Certain motorized vehicles permitted on boulevards7.12 Subd. 3 Code definitions 1.02 Moving of buildings Liability to city 4.10 Subd. 5 Tree planting City to control 10.21 Subd. 3 City to perform work 10.21 Subd. 5 CITY ADMINISTRATOR Agreements 2.09 Subd. 6 Appointment and removal 2.09 Subd. 2 Code definitions 1.02 Compensation 2.09 Subd. 5 Duties 2.09 Subd. 4 Position established 2.09 Subd. 1 Qualifications 2.09 Subd. 3 CITY ATTORNEY Legal department 2.33 CITY CLERK -TREASURER City seal generally 2.05 Code definitions 1.02 Generally 2.13 o • • Supp. No. 2 CDi:8 • • • CODE INDEX Section ICE (Cont'd.) Streets, obstructions in 7.05 Subd. 5 ICE FISHING HOUSES Rules and regulations governing 10.24 Subd. 4 IMPOUNDMENT Parking of vehicles Impounding and removing vehicles 9.12 IMPROVEMENTS. See: PUBLIC WORKS AND IM- PROVEMENTS INDEBTEDNESS OF CITY Certain ordinances not affected by Code 1.14 Subd. 1.B INDECENCY AND OBSCENITY Alcoholic beverage establishments Nudity or obscenity prohibited 5.90 Dancehalls Obscene or indecent behavior 6.31 Subd. 6 Shows Obscenity prohibited 6.32 Subd. 4 INDUSTRIAL DISTRICTS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) INDUSTRIAL STRENGTH CHARGE Listing of uncoded ordinances in effect. See Chapter 25 INDUSTRY Sewer service Classification of industrial users 3.40 Subd. 3 INNS Local lodging tax 2.80 INSPECTIONS Excavations and fills 4.30 Subd. 7 Pawnshop license requirements 6.45 Subd. 11 Protective inspections department 2.35 Shade tree disease control and prevention Inspection, diagnosis and abatement 10.20 Subd. 5 INSTRUMENTS Certain ordinances not affected by Code 1.14 Subd. 1 INSURANCE Beer, wine and liquor licensees Insurance certificate requirements 5.14 License requirements 6.10 Tree maintenance contractors' licensing 6.44 Subd. 3 INTEREST Local lodging tax 2.80 Subd. 10 Supp. No. 2 CDi:19 EAGAN CODE Section INTERIM EMERGENCY SUCCESSION Duties of interim emergency council 2.10 Subd. 3 Local offices, succession to 2.10 Subd. 2 Purpose 2.10 Subd. 1 INTERSECTIONS Code definitions 1.02 INTOXICATED PERSONS Dancehalls Not to admit certain persons 6.31 Subd. 8 INVESTIGATIONS Beer, wine and liquor licensing and investigation fee5.02 Subd 3 Parades 7.07 Subd. 3 Street openings or excavations 7.06 Subd. 1 INVESTMENTS Community investment fund 2.79 IRRIGATION Streets City to control irrigation 7.08 Subd. 1 J JUNK Abandoned motor vehicles Junk cars, furniture, household furnishings and appli- ances stored on public or private property K 2.70 Subd. 1 10.51 KENNELS Defined 6.38 Subd. 1 Exception 6.38 Subd. 3 License Required 6.38 Subd. 2 Zoning 6.38 Subd. 4 L LABORATORIES Alcoholic beverages in certain buildings and grounds.. 5.17 Supp. No. 2 CDi:20 • • • • CODE INDEX LAND USE REGULATIONS (Zoning) A agricultural district Accessory uses 11.20 Subd. 3.0 Conditional uses 11.20 Subd. 3.B Permitted uses 11.20 Subd. 3.A Accessory uses A agricultural district 11.20 Subd. 3.0 GB general business district 11.20 Subd. 11.D NB neighborhood business district 11.20 Subd. 10.0 Administration and enforcement 11.40 Agreements Planned development agreement 11.20 Subd. 8.D, 11.40 Subd. 6.0 Alterations Shoreland zoning Shoreland alterations 11.21 Subd. 9.I Amendments (including zoning) Floodplain zoning district 11.40 Subd. 5.H Initiation 11.40 Subd. 5.B Petitions 11.40 Subd. 5.0 Planning commission, referral to 11.40 Subd. 5.E Planning commission reports 11.40 Subd. 5.G Provisions 11.40 Subd. 5.A Public hearing Notice and procedure 11.40 Subd. 5.D Rezoning petition 11.40 Subd. 5.F Architectural standards 11.20 Subd. 6.I Area Minimum area requirements 11.20 Subd. 6 Multiple dwellings, minimum area requirements for 11.20 Subd. 6.B Standards and requirements 11.20 Subd. 15 Board of adjustments and appeals 11.40 Subd. 2 BP business park district Conditional uses 11.20 Subd. 19.0 Description 11.20 Subd. 19.A Permitted accessory uses 11.20 Subd. 19.D Permitted uses 11.20 Subd. 19.B Building exterior treatment; use districts Additional standards and requirements 11.20 Subd. 21.D Building permit reviews Petitions 11.40 Subd. 7.B Procedures 11.40 Subd. 7.0 Purpose 11.40 Subd. 7.A Bulk storage (liquid) Performance standards 11.30 Subd. 1.H Business districts BP business park district 11.20 Subd. 19 GB general business district 11.20 Subd. 11 LB limited business district 11.20 Subd. 9 NB neighborhood business district 11.20 Subd. 10 Section Supp. No. 2 CDi:21 EAGAN CODE Section LAND USE REGULATIONS (Zoning) (Cont'd.) RB roadside business district 11.20 Subd. 14 Conditional accessory uses NB neighborhood business district 11.20 Subd. 10.E Conditional use permits Application, public hearing, notice and procedure 11.40 Subd. 4.B Conditions 11.40 Subd. 4.D Denial for noncompliance 11.40 Subd. 4.E Expiration 11.40 Subd. 4.I Periodic review, term of permit 11.40 Subd. 4.G Permittee 11.40 Subd. 4.F Purpose 11.40 Subd. 4.A Revocation 11.40 Subd. 4.H Standards 11.40 Subd. 4.0 Conditional uses A agricultural district 11.20 Subd. 3.B BP business park district 11.20 Subd. 19.0 CSC community shopping center district 11.20 Subd. 12.0 E estate district 11.20 Subd. 4.B Floodplain district (FP) 11.80 Subd. 4.B GB general business district 11.20 Subd. 11.0 I-1 limited industrial district 11.20 Subd. 16.0 I-2 general industrial district 11.20 Subd. 17.B LB limited business district 11.20 Subd. 9.0 P public facilities district 11.20 Subd. 7.B RB roadside business district 11.20 Subd. 14.0 Residential districts 11.20 Subd. 5.B RSC regional shopping center district 11.20 Subd. 13.0 Shoreland zoning 11.21 Subd. 9.N CSC community shopping center district Conditional uses 11.20 Subd. 12.0 Description 11.20 Subd. 12.A Permitted accessory uses 11.20 Subd. 12.D Permitted uses 11.20 Subd. 12.B Definitions 11.03 Districts Regulations pertaining to districts. See herein spe- cific districts E estate district Conditional uses 11.20 Subd. 4.B Permitted accessory uses 11.20 Subd. 4.0 Permitted uses 11.20 Subd. 4.A Electrical emission Performance standards 11.30 Subd. 1.J Enforcing officer 11.40 Subd. 1 Excavation permit Planned development 11.40 Subd. 6.E Explosives Performance standards 11.30 Subd. 1.K Supp. No. 2 CDi:22 • • • • CODE INDEX LAND USE REGULATIONS (Zoning) (Cont'd.) Floodplain district (FP) Conditional uses Permitted uses Prohibited uses Standards for floodplain uses Floodplain districts Floodplain regulations Abrogation and greater restrictions Compliance Definitions Findings of facts and purposes Flood insurance rate maps, adoption of Floodplain district (FP) Conditional uses Permitted uses Prohibited uses Standards for floodplain uses Floodplain evaluation procedure Certification of lowest floor elevations Notification to DNR Site evaluation Floodplain violations, special provisions for Final action Investigation Order General provisions Lands to which floodplain regulations apply Map interpretation Relationship to other city zoning regulations Shoreland zoning Variances, special provisions for floodplain variances Floodplain zoning districts Amendments GB general business district Accessory uses Conditional uses Description Permitted uses General provisions Accessory buildings and structures Additional requirements, exceptions and modifica- tions Antennae, satellite dishes, wind energy conversion systems and towers Application Architectural standards Building permit and certificate of occupancy Commercial and industrial site development Supp. No. 2 CDi:23 Section 11.80 Subd. 4.B 11.80 Subd. 4.A 11.80 Subd. 4.0 11.80 Subd. 4.D 11.20 Subd. 22, 11.80 11.80 Subd. 3.F 11.80 Subd. 3.E 11.80 Subd. 2 11.80 Subd. 1 11.80 Subd. 3.A 11.80 Subd. 4.B 11.80 Subd. 4.A 11.80 Subd. 4.0 11.80 Subd. 4.D 11.80 Subd. 5.0 11.80 Subd. 5.B 11.80 Subd. 5.A 11.80 Subd. 7.0 11.80 Subd. 7.A 11.80 Subd. 7.B 11.80 Subd. 3 11.80 Subd. 3.B 11.80 Subd. 3.0 11.80 Subd. 3.D 11.21 Subd. 9.0 11.80 Subd. 6 11.40 Subd. 5.H 11.20 Subd. 11.D 11.20 Subd. 11.0 11.20 Subd. 11.A 11.20 Subd. 11.B 11.10 Subd. 5 11.10 Subd. 19 11.10 Subd. 31 11.10 Subd. 1 11.10 Subd. 30 11.10 Subd. 11 11.10 Subd. 27 EAGAN CODE LAND USE REGULATIONS (Zoning) (Cont'd.) Design and construction requirements (R-3 and R-4) for multiple dwellings Enclosure of trash and recyclables containers re- quired Fences Hours of operation Joint parking facilities Land reclamation and mining Landscaping Lot provisions Motor fuel station design (class I and II) Municipal utilities for residential development Nonconforming structures and uses Off -site off-street parking and off -site outdoor storage as conditional use Off-street loading areas Off-street parking areas, design and maintenance of Open sales lots Outdoor display by businesses Outdoor storage by businesses Placement of house on residential lot Platting for commercial and industrial Public address systems Public utility service Required off-street parking Required yards and open spaces Residential complex development Seasonal outdoor sales Separability Structures in public rights -of -way Temporary outdoor events Traffic visibility Tree preservation Glare and heat Performance standards Hearings Conditional use permits Height Additional setbacks for height Additional standards and requirements ; use dis- tricts Minimum height requirements Shoreland zoning Height of structures Historic sites Shoreland zoning, significant historic sites I-1 limited industrial district Conditional uses Permitted accessory uses Supp. No. 2 CDi:24 Section 11.10 Subd. 24 11.10 Subd. 29.5 11.10 Subd. 20 11.10 Subd. 18 11.10 Subd. 28 11.10 Subd. 10 11.10 Subd. 15 11.10 Subd. 4 11.10 Subd. 21 11.10 Subd. 23 11.10 Subd. 3 11.10 Subd. 12.1 11.10 Subd. 14 11.10 Subd. 12 11.10 Subd. 17 11.10 Subd. 29.1 11.10 Subd. 29.2 11.10 Subd. 26 11.10 Subd. 25 11.10 Subd. 16 11.10 Subd. 8 11.10 Subd. 13 11.10 Subd. 6 11.10 Subd. 22 11.10 Subd. 29.4 11.10 Subd. 2 11.10 Subd. 9 11.10 Subd. 29.3 11.10 Subd. 7 11.10 Subd. 15.1 11.30 Subd. 1.F 11.40 Subd. 4.B 11.20 Subd. 6.0 11.20 Subd. 21.A 11.20 Subd. 6 11.21 Subd. 9.H 11.21 Subd. 9.F 11.20 Subd. 16.0 11.20 Subd. 16.D • • • • • • CODE INDEX LAND USE REGULATIONS (Zoning) (Cont'd.) Permitted uses 11.20 Subd. 16.B Purpose 11.20 Subd. 16.A I-2 general industrial district Conditional uses 11.20 Subd. 17.B Permitted uses 11.20 Subd. 17.A Purpose 11.20 Subd. 17.A Industrial districts I-1 limited industrial district 11.20 Subd. 16 I-2 general industrial district 11.20 Subd. 17 Minimum area requirements 11.20 Subd. 20 Intent and purpose 11.01 Interim use permits Conditions 11.22 Subd. 2 Definition 11.22 Subd. 1 Public hearings 11.22 Subd. 5 Revocation 11.22 Subd. 4 Termination 11.22 Subd. 3 LB limited business district Conditional uses 11.20 Subd. 9.0 Description 11.20 Subd. 9.A Permitted accessory uses 11.20 Subd. 9.D Permitted uses 11.20 Subd. 9.B Maps Floodplain regulations Map interpretation 11.80 Subd. 3.0 Multiple dwellings Minimum area requirements for 11.20 Subd. 6.B Natural environmental waters Sewered areas in 11.21 Subd. 8.B Section NB neighborhood business district Accessory uses 11.20 Subd. 10.0 Conditional accessory uses 11.20 Subd. 10.E Description 11.20 Subd. 10.A Permitted accessory uses 11.20 Subd. 10.D Permitted uses 11.20 Subd. 10.B Noise Performance standards 11.30 Subd. 1.A Nonconformities Shoreland zoning 11.21 Subd. 11 Odors Performance standards 11.30 Subd. 1.D P public facilities district Conditional uses 11.20 Subd. 7.B Permitted uses 11.20 Subd. 7.A PD planned development district Annual review, extension and termination 11.20 Subd. 8.E Determination 11.20 Subd. 8.B Planned development agreement 11.20 Subd. 8.D Procedure 11.20 Subd. 8.0 Supp. No. 2 CDi:25 EAGAN CODE Section LAND USE REGULATIONS (Zoning) (Cont'd.) Purpose and intent 11.20 Subd. 8.A Performance standards Purpose 11.30 Subd. 1 Permits Interim use permits 11.22 Shoreland zoning 11.21 Subd. 6.A Permitted accessory uses BP business park district 11.20 Subd. 19.D CSC community shopping center district 11.20 Subd. 12.D E estate district 11.20 Subd. 4.0 I-1 limited industrial district 11.20 Subd. 16.D LB limited business district 11.20 Subd. 9.D NB neighborhood business district 11.20 Subd. 10.D RB roadside business district 11.20 Subd. 14.D R-D research and development district 11.20 Subd. 18.D Residential districts 11.20 Subd. 5.0 RSC regional shopping center district 11.20 Subd. 13.D Permitted uses A agricultural district 11.20 Subd. 3.A BP business park district 11.20 Subd. 19.B CSC community shopping center district 11.20 Subd. 12.B E estate district 11.20 Subd. 4.A Floodplain district (FP) 11.80 Subd. 4.A GB general business district 11.20 Subd. 11.B I-1 limited industrial district 11.20 Subd. 16.B I-2 general industrial district 11.20 Subd. 17.A LB limited business district 11.20 Subd. 9.B NB neighborhood business district 11.20 Subd. 10.B P public facilities district 11.20 Subd. 7.A RB roadside business district 11.20 Subd. 14.B R-D research and development district 11.20 Subd. 18.B Residential districts 11.20 Subd. 5.A RSC regional shopping center district 11.20 Subd. 13.B Petitions Amendments 11.40 Subd. 5.C, F Building permit reviews 11.40 Subd. 7.B Fees 11.40 Subd. 10 Form 11.40 Subd. 8 Planned development 11.40 Subd. 6.B Planned development Cluster developments Shoreland zoning 11.21 Subd. 10 Excavation permit 11.40 Subd. 6.E Final development plans 11.40 Subd. 6.D Petitions 11.40 Subd. 6.B Planned development agreement 11.40 Subd. 6.0 Purpose 11.40 Subd. 6.A Planning commission Amendment duties 11.40 Subd. 5.E • Supp. No. 2 CDi:26 • • • CODE INDEX LAND USE REGULATIONS (Zoning) (Cont'd.) Prohibited uses Floodplain district (FP) Public hearings Amendments Interim use permits Public/semipublic, agricultural, forestry and extractive uses Shoreland zoning, special provisions for Radiation emission Performance standards RB roadside business district Conditional uses Description Permitted accessory uses Permitted uses R-D research and development district Permitted accessory uses Permitted uses Purpose Residential districts Conditional uses Permitted accessory uses Permitted uses Roads, driveways and parking areas Shoreland zoning Placement and design of RSC regional shopping center district Conditional uses Description Permitted accessory uses Permitted uses Rules of language construction Screening Additional standards and requirements Screening and landscaping requirements; use dis- tricts Setbacks Additional setbacks for heights Minimum setback requirements Sewage treatment Shoreland zoning Sewered areas General development waters Natural environmental waters Recreation development waters Shopping center districts CSC community shopping center district RSC regional shopping center district Shoreland classification and shoreland use districts Supp. No. 2 CDi:27 Section 11.80 Subd. 4.0 11.40 Subd. 5.D 11.22 Subd. 5 11.21 Subd. 9.M 11.30 Subd. 1.I 11.20 Subd. 14.0 11.20 Subd. 14.A 11.20 Subd. 14.D 11.20 Subd. 14.B 11.20 Subd. 18.D 11.20 Subd. 18.B 11.20 Subd. 18.A 11.20 Subd. 5.B 11.20 Subd. 5.0 11.20 Subd. 5.A 11.21 Subd. 9.K 11.20 Subd. 13.0 11.20 Subd. 13.A 11.20 Subd. 13.D 11.20 Subd. 13.B 11.02 11.20 Subd. 21.B 11.20 Subd. 6.0 11.20 Subd. 6 11.21 Subd. 9.0 11.21 Subd. 8.D 11.21 Subd. 8.B 11.21 Subd. 8.0 11.20 Subd. 12 11.20 Subd. 13 11.21 Subd. 7 EAGAN CODE LAND USE REGULATIONS (Zoning) (Cont'd.) Shoreland zoning Abrogation and greater restrictions Administration Conditional uses Controlled accesses, lots for Definitions Dimensional requirements Enforcement Floodplain regulations General provisions Generally Height of structures Land use zoning districts Nonconformities Additions/expansions to nonconforming structures Construction and nonconforming lots of record Public utility connections Notifications of natural resources Permits required Placement and design of structures Planned development (cluster developments) Application for planned development Centralization and design of facilities Conditional use requirements Conversions Density increase multipliers Erosion control and stormwater management Existing unit conditions Maintenance and design criteria Open space standards Public utilities Residential and commercial planned development use Site evaluation Types of planned developments permitted Public/semipublic, agricultural, forestry and extrac- tive uses, special provisions for Purpose and intent Roads, driveways and parking areas, placement and design of Scope Shoreland alterations Shoreland classification and shoreland use districts Shoreland classification system Significant historic sites Stairways, lifts, landings and docks Steep slopes Stormwater management Subdivision provisions Section 11.21 Subd. 4 11.21 Subd. 6 11.21 Subd. 9.N 11.21 Subd. 9.A 11.21 Subd. 5 11.21 Subd. 8 11.21 Subd. 3 11.21 Subd. 9.0 11.21 Subd. 9 11.21 Subd. 6.0 11.21 Subd. 9.H 11.21 Subd. 7.B 11.21 Subd. 11.B 11.21 Subd. 11.A 11.21 Subd. 11.D 11.21 Subd. 6.D 11.21 Subd. 6.A 11.21 Subd. 9.B 11.21 Subd. 10.0 11.21 Subd. 10.K 11.21 Subd. 10.B 11.21 Subd. 10.L 11.21 Subd. 10.G 11.21 Subd. 10.J 11.21 Subd. 10.M 11.21 Subd. 10.H 11.21 Subd. 10.I 11.21 Subd. 10.D 11.21 Subd. 10.F 11.21 Subd. 10.E 11.21 Subd. 10.A 11.21 Subd. 9.M 11.21 Subd. 1 11.21 Subd. 9.K 11.21 Subd. 2 11.21 Subd. 9.I 11.21 Subd. 7 11.21 Subd. 7.A 11.21 Subd. 9.F 11.21 Subd. 9.E 11.21 Subd. 9.G 11.21 Subd. 9.L 11.21 Subd. 9.P • Supp. No. 2 CDi:28 • • • CODE INDEX Section LAND USE REGULATIONS (Zoning) (Cont'd.) Variances 11.21 Subd. 6.0 Water supply and sewage treatment 11.21 Subd. 9.0 Water -oriented accessory structures 11.21 Subd. 9.D Wetland protection regulations 11.21 Subd. 9.J Zoning compliance 11.21 Subd. 6.B Signs Additional standards and requirements Signage provisions; use districts 11.20 Subd. 21.0 Smoke and particulate matter Performance standards 11.30 Subd. 1.B Stairways, lifts, landings and docks Shoreland zoning 11.21 Subd. 9.E Steep slopes Shoreland zoning 11.21 Subd. 9.G Stormwater management Shoreland zoning 11.21 Subd. 9.L Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Subdivisions Shoreland zoning, subdivision provisions 11.21 Subd. 9.P Toxic or noxious matter Performance standards 11.30 Subd. 1.0 Uniform building code 11.20 Subd. 6.G Use districts A agricultural district 11.20 Subd. 3 Additional standards and requirements Building exterior treatment 11.20 Subd. 21.D Height 11.20 Subd. 21.A Screening and landscaping requirements 11.20 Subd. 21.B Signage provisions 11.20 Subd. 21.0 Area standards and requirements 11.20 Subd. 15 BP business park district 11.20 Subd. 19 Classification 11.20 Subd. 1 CSC community shopping center district 11.20 Subd. 12 E estate district 11.20 Subd. 4 Floodplain districts 11.20 Subd. 22 GB general business district 11.20 Subd. 11 I-1 limited industrial district 11.20 Subd. 16 I-2 general industrial district 11.20 Subd. 17 LB limited business district 11.20 Subd. 9 Minimum area, setback and height requirements 11.20 Subd. 6 NB neighborhood business district 11.20 Subd. 10 P public facilities district 11.20 Subd. 7 PD planned development district 11.20 Subd. 8 RB roadside business district 11.20 Subd. 14 R-D research and development district 11.20 Subd. 18 Residential districts 11.20 Subd. 5 RSC regional shopping center district 11.20 Subd. 13 Zoning map 11.20 Subd. 2 Supp. No. 2 CDi:29 EAGAN CODE Section LAND USE REGULATIONS (Zoning) (Cont'd.) Variances Denial 11.40 Subd. 3.D Floodplain variances, special provisions for 11.80 Subd. 7 Issuance 11.40 Subd. 3.0 Lapse of variance or appeal 11.40 Subd. 3.E Procedures 11.40 Subd. 3.B Purpose 11.40 Subd. 3.A Vibrations Performance standards 11.30 Subd. 1.E Waste material Performance standards 11.30 Subd. 1.G Water supply Shoreland zoning 11.21 Subd. 9.0 Water -oriented accessory structures Shoreland zoning 11.21 Subd. 9.D Wetland protection Shoreland zoning 11.21 Subd. 9.J Supp. No. 2 CDi:30 • • • • CODE INDEX Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Streets and sidewalks Generally 7.01 et seq. See: STREETS, SIDEWALKS AND OTHER PUB- LIC WAYS Parking on streets without curb 9.07 Vehicle repair on streets 9.14 Trailers Parking 9.10 Truck route 8.02 Trucks Parking 9.10 U-turns 8.03 Violation a misdemeanor or petty misdemeanor 8.99 Winter season parking 9.09 MOTORIZED GOLF CARTS Persons with mobility impairment, use by 8.08 MUNICIPAL AND PUBLIC UTILITIES. See: UTILITIES N NAME Code definitions 1.02 NATURAL PERSONS Person; code definitions extended and applied to 1.02 NOISE Noisy parties or gatherings 10.31 Pollution regulations Adoption of 10.42 Subd. 1 Alternative remedy 10.42 Subd. 3 Unlawful act 10.42 Subd. 2 NONCONFORMANCES Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Nonconforming signs 4.20 Subd. 8 NUDITY Alcoholic beverage establishment prohibitions 5.90 NUISANCES Shade tree disease control and prevention Abatement of nuisance 10.20 Subd. 6 NUMBERS AND NUMBERING Building numbers 2.78 Dancehalls Numbers of persons admitted 6.31 Subd. 11 Supp. No. 2 CDi:37 EAGAN CODE Section 0 OBLIGATIONS Certain ordinances not affected by Code 1.14 Subd. 1 OBSCENITY. See: INDECENCY AND OBSCENITY OBSTRUCTIONS Limiting time of railway -street crossing obstruction 7.09 Public property, obstructions Condition 10.32 Subd. 7 Continuing violation 10.32 Subd. 6 Dumping on public property 10.32 Subd. 3 Fires 10.32 Subd. 2 Generally 10.32 Subd. 1 Signs and other structures 10.32 Subd. 4 Snow or ice on public property 10.32 Subd. 5 Streets, obstructions in 7.05 OFFENSES. See: PUBLIC PROTECTION, CRIMES AND OFFENSES OFFICERS AND EMPLOYEES City administrator Duties 2.09 Subd. 4 Generally 2.09 City clerk -treasurer Generally 2.13 et seq. See: CITY CLERK -TREASURER City employees park rule enforcement 10.23 Subd. 7 City offices 2.12 Subd. 2 Code definitions 1.02 Code reference to a public official 1.11 Compensation. See herein: Salaries Personnel Rules and regulations 2.71 Salaries Certain ordinances not affected by Code 1.14 Subd. 1.K City administrator 2.09 Subd. 5 Departments generally 2.30 Subd. 3 Mayor and councilmembers 2.11 Worker's compensation Contractors 2.12 Subd. 1 OPEN SPACES. See: YARDS AND OPEN SPACES OPENINGS Street openings 7.06 ORDINANCES, CODE OF. See: CODE OF ORDINANCES OUTDOOR SWIMMING POOLS Definitions 4.70 Subd. 1 Exceptions to fencing requirements 4.70 Subd. 3 Supp. No. 2 CDi:38 • • s • CODE INDEX Section OUTDOOR SWIMMING POOLS (Cont'd.) Existing regulations 4.70 Subd. 4 Fencing required around outdoor swimming pools 4.70 Subd. 2 P PAINTBALL SPORT FACILITY Definitions 6.46 Subd. 1 License Application 6.46 Subd. 3 Required 6.46 Subd. 2 Requirements 6.46 Subd. 4 Noncompliance 6.46 Subd. 5 PAINTING OR COLORING Curbs and gutters, street and sidewalk 7.10 PARADES Council action 7.07 Subd. 4 Definitions 7.07 Subd. 1 Exceptions 7.07 Subd. 6 Investigation 7.07 Subd. 3 Permit Required 7.07 Subd. 2 Unlawful acts 7.07 Subd. 5 PARENTS AND GUARDIANS Curfew regulations 10.30 Subd. 3 PARKING Certain ordinances not affected by Code 1.14 Subd. 1.J Specific regulations 9.01 et seq. See: MOTOR VEHICLES AND TRAFFIC Street and sidewalk regulations 7.04 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.H PARKS AND RECREATION Advisory parks commission Establishment 2.52 Subd. 1 Powers and duties 2.52 Subd. 2 City employees 10.23 Subd. 7 Discrimination in parks 10.23 Subd. 8 Equipment, unlawful acts 10.23 Subd. 5 Park and recreation department Established 2.37 Rules and regulations 10.23 Subd. 6 Rules and regulations governing public parks and rec- reation areas 10.23 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.K Unlawful acts (animals in park) 10.23 Subd. 3 Unlawful acts (general rules) 10.23 Subd. 1 Supp. No. 2 CDi:39 EAGAN CODE Section PARKS AND RECREATION (Cont'd.) Unlawful acts (hours and conduct) 10.23 Subd. 2 Weapons and fireworks, unlawful acts 10.23 Subd. 4 PARTIES Noisy parties or gatherings 10.31 PARTNERSHIPS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 PAWNSHOPS License Bond required 6.45 Subd. 7 Conditions of licenses 6.45 Subd. 9 Corporations, partnerships or associations 6.45 Subd. 12 Execution of application 6.45 Subd. 4 Granting licenses 6.45 Subd. 5 Initial license application 6.45 Subd. 2 Inspection 6.45 Subd. 11 Payment of fees 6.45 Subd. 6 Persons and places ineligible for license 6.45 Subd. 8 Refusal, suspension or revocation 6.45 Subd. 13 Renewal applications 6.45 Subd. 3 Required 6.45 Subd. 1 Restricted hours of operation; minors 6.45 Subd. 10 PEACE OFFICERS Code definitions 1.02 PEDDLERS, CANVASSERS AND SOLICITORS Solicitors Definitions 6.36 Subd. 3 Prohibited solicitation practices 6.36 Subd. 4 Purpose 6.36 Subd. 1 Registration 6.36 Subd. 5 Scope of application 6.36 Subd. 2 PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE PERFORMANCE STANDARDS Certain motorized vehicles permitted on boulevards... 7.12 Subd. 4 PERFORMANCES. See: SHOWS Supp. No. 2 CDi:40 • • e • CODE INDEX Section PUBLIC PROTECTION, CRIMES AND OFFENSES (Cont'd.) Subsidies 10.20. Subd. 12 Transporting wood prohibited 10.20 Subd. 9 Unlawful act 10.20 Subd. 4 Signs and other structures Obstructions on public property 10.32 Subd. 4 Snow or ice on public property 10.32 Subd. 5 Stalking and harassing behavior Definitions 10.35 Subd. 2 Stalking prohibited 10.35 Subd. 1 Unlawful acts 10.35 Subd. 3 Streets Diseased trees in streets 10.20 Subd. 11 Toilet installation required 10.02 Trapping prohibited; exceptions Definitions 10.13 Subd. 1 Exceptions 10.13 Subd. 3 Unlawful acts 10.13 Subd. 2 Trees and grass on private property, planting and maintenance of City to control tree planting 10.21 Subd. 3 City to perform work 10.21 Subd. 5 Lawn establishment and maintenance 10.21 Subd. 2 Purpose and application 10.21 Subd. 1 Shade tree diseases 10.21 Subd. 4 Trespasses Animals and fowl housing 10.12 Subd. 6 Violation a misdemeanor or a petty misdemeanor 1.03, 2.99, 10.99 Wetland conservation statutes and regulations, compli- ance with 10.25 PUBLIC SAFETY OFFICERS Code definitions 1.02 PUBLIC UTILITIES. See: UTILITIES PUBLIC WAYS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS PUBLIC WORKS AND IMPROVEMENTS Grass, weeds, trees and landscaping on streets City may order work done Listing of uncoded ordinances in effect. See Chapter 25 Public works department Established Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) 7.08 Subd. 5 2.34 PURCHASES AND PURCHASING City administrator's duties 2.09 Subd. 4.F Supp. No. 2 CDi:47 EAGAN CODE Section R RABIES CONTROL Dogs and cats 10.11 Subd. 10 RAILROADS AND TRAINS Streets Limiting time of railway -street crossing obstruction 7.09 RECORDS AND REPORTS Animal pound records 10.11 Subd. 5 RECREATIONAL CAMPING VEHICLES Parking regulations 9.03 Prohibited use and parking of 10.52 RECREATIONAL MOTOR VEHICLES. See also: MO- TOR VEHICLES AND TRAFFIC Rules and regulations 8.07 REFRESHMENT PLACES Curfew regulations re minors 10.30 Subd. 4 REFUNDS Local lodging tax 2.80 Subd. 5 REGISTRATION Solicitors 6.36 Subd. 5 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.R REMOVALS City administrator 2.09 Subd. 2 REPAIRS Street openings or excavations 7.06 Subd. 5 REPORTS. See: RECORDS AND REPORTS RESIDENTIAL DISTRICTS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) REVENUES OF CITY. See: FINANCES RIGHTS Certain ordinances not affected by Code 1.14 Subd. 1 ROADWAYS Code definitions 1.02 Supp. No. 2 CDi:48 • • • • • • CODE INDEX Section UTILITIES (Cont'd.) Liens Municipal utility services and charges a lien 3.05 Subd. 8 Municipal utilities Application, connection and sale of service 3.05 Subd. 2 Billing, payment and delinquency 3.05 Subd. 1 Discontinuance of service 3.05 Subd. 3 Fixing rates and charges for 3.02 Meter test 3.05 Subd. 6 Municipal utility services and charges a lien 3.05 Subd. 8 Ownership of municipal utilities 3.05 Subd. 4 Right of entry 3.05 Subd. 5 Unlawful acts 3.05 Subd. 7 Protective inspections department 2.35 Public maintenance vehicles permitted on boulevards 7.12 Subd. 1 Public utilities Fixing rates and charges for 3.03 Sanitary sewer connection and availability charge Adjustments 3.08 Subd. 3 Billings 3.08 Subd. 5 Collections 3.08 Subd. 7 Exemptions 3.08 Subd. 4 Purpose of funds derived and allocation of revenue 3.08 Subd. 1 Recalculation of fees 3.08 Subd. 6 Sanitary sewer utility fee 3.08 Subd. 2 Sewer service Additional rules and regulations 3.40 Subd. 8 Connections 3.40 Subd. 9 Definitions 3.40 Subd. 1 Deleterious substances 3.40 Subd. 4 Industrial wastes, classification of 3.40 Subd. 3 Metered water not discharged 3.40 Subd. 2 Rules and regulations relating to 3.40 Size, kind and depth of pipe 3.40 Subd. 7 Unlawful discharge 3.40 Subd. 5 Unmetered water supply 3.40 Subd. 6 Stormwater drainage connection and availability charge Adjustments 3.07 Subd. 4 Billings 3.07 Subd. 6 Collections 3.07 Subd. 8 Exemptions 3.07 Subd. 5 Purpose of funds derived and allocation of revenue 3.07 Subd. 2 Recalculation of fees 3.07 Subd. 7 Storm sewer utility fee 3.07 Subd. 3 Stormwater drainage utility 3.07 Subd. 1 Street lighting system Costs 3.60 Subd. 3 Location 3.60 Subd. 2 Procedure 3.60 Subd. 4 Purpose 3.60 Subd. 1 Supp. No. 2 CDi:61 EAGAN CODE Section UTILITIES (Cont'd.) Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.D Violation a misdemeanor 3.99 Water connection and availability charge Adjustments 3.06 Subd. 3 Billings 3.06 Subd. 5 Collections 3.06 Subd. 7 Exemptions 3.06 Subd. 4 Purpose of funds derived and allocation of revenue 3.06 Subd. 1 Recalculation of fees 3.06 Subd. 6 Water utility fee 3.06 Subd. 2 Water service Abandoned services penalties 3.20 Subd. 3 Additional rules and regulations 3.20 Subd. 12 Code requirement 3.20 Subd. 11 Deficiency of water and shutting off water 3.20 Subd. 1 Private fire hose connections 3.20 Subd. 7 Private water supplies 3.20 Subd. 5 Repair of leaks 3.20 Subd. 2 Restricted hours for sprinkling 3.20 Subd. 6 Rules and regulations relating to 3.20 Service pipes 3.20 Subd. 4 Unmetered service 3.20 Subd. 9 Water hydrant use 3.20 Subd. 8 Water meters 3.20 Subd. 10 UTILITY BUILDINGS Trailer coach park construction, design and operation requirements V VARIANCES Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) VEHICLES. See: MOTOR VEHICLES AND TRAFFIC 4.40 Subd. 4.J VIOLATIONS Code definitions 1.02 W WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES WATER HYDRANTS Use 3.20 Subd. 8 Supp. No. 2 CDi:62 • • • CODE INDEX Section WATER SUPPLY AND DISTRIBUTION Rules and regulations relating to water service 3.20 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.0 Utilities 3.01 et seq. See: UTILITIES WATERCRAFT. See: BOATS AND BOATING WATERWAYS AND WATERCOURSES Park and recreation area regulations re boats or other watercraft Rules and regulations governing boating and related water activities WEAPONS. See: FIREARMS AND WEAPONS 10.13 Subd. 5 10.24 WEEDS AND BRUSH Regulation of weeds on streets 7.08 WETLAND CONSERVATION Compliance with wetland conservation statutes and regulations 10.25 WINE Licensing and regulation 5.01 et seq. See: ALCOHOLIC BEVERAGES On -sale wine 5.70 et seq. See: ALCOHOLIC BEVERAGES WINTER Winter season parking 9.09 WORKERS' COMPENSATION Alcoholic beverage licensee regulation 5.18 City offices 2.12 Subd. 2 Contractors 2.12 Subd. 1 License regulations 6.12 Tree maintenance contractors' licensing 6.44 Subd. 5 WRITTEN AND IN WRITING Code definitions 1.02 Y YARDS AND OPEN SPACES Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Supp. No. 2 CDi:63 11.01 et seq. EAGAN CODE Section Z 41110 ZONING Golf driving range, zoning requirements 6.42 Subd. 4 Kennels 6.38 Subd. 4 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Pet shops, zoning regulations 6.43 Subd. 5 Planning and zoning department Established 2.36 • • Supp. No. 2 CDi:64 • • of C)-, q ►- cyeS -�� C ;-I y Co&� CODE OF ORDINANCES City of EAGAN, MINNESOTA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 267,2nd effective November 26, 1998. See the Code Comparative Table for further information. Remove old pages xiii Checklist of up-to-date pages CD5:17—CD5:20 CD6:3, CD6:4 CD6:11—CD6:14 CD6:23—CD6:24.1 CD6:27, CD6:28 CD6:31—CD6:34 CD7:5, CD7:6 CD10:3—CD10:6 CD10:13—CD10:16.2 CD11:67, CD11:68 CD11:91, CD11:92 CD12:1 CCT:9 SLT:1, SLT:2 CDi:7—CDi:12 CDi:21 CDi:23, CDi:24 CDi:59—CDi:64 Insert new pages xiii, xiv Checklist of up-to-date pages (following Table of Contents) CD5:17—CD5:20.1 CD6:3—CD6:4.1 CD6:11—CD6:14.5 CD6:23, CD6:24 CD6:27, CD6:28 CD6:31—CD6:34.2 CD7:5, CD7:6 CD10:3—CD10:6.1 CD10:13—CD10:16.2 CD11:67, CD11:68 CD11:91, CD11:92 CD12:1 CD12:3 CCT:9 SLT:1, SLT:2 CDi:7—CDi:12.1 CDi:21, CDi:22 CDi:23—CDi:24.1 CDi:59—CDi:64 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com • • TABLE OF CONTENTS Page Officials of the City at the Time of this Codification iii Current Officials (Reserved) v Preface vii Adopting Ordinance xii.i Checklist of Up -to -Date Pages [1] CITY CODE Chapter 1. General Provisions and Definitions Applicable to The Entire City Code Including Penalty for Violation CD1:1 2. Administration and General Government CD2:1 3. Municipal and Public Utilities —Rules and Regulations, Rates, Charges and Collections CD3:1 4. Construction Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks CD4:1 5. Beer, Wine and Liquor Licensing and Regulation CD5:1 6. Other Business Regulation and Licensing CD6:1 7. Streets and Sidewalks Generally CD7:1 8. Traffic Regulations CD8:1 9. Parking Regulations CD9:1 10. Public Protection, Crimes and Offenses CD10:1 11. Land Use Regulations (Zoning) CD11:1 12. Comprehensive Guide Plan and Land Use Regulations — Interim Use Study CD12:1 13. Subdivision Regulations (Platting) CD13:1 14. Special Service District No. 1 CD14:1 15-24. Reserved CD15:1 25. Listing of Uncoded Ordinances in Effect CD25:1 Code Comparative Table-1983 Code CCT:1 Code Comparative Table —Ordinances CCT:3 Supp. No. 4 xiii EAGAN CODE Chapter Page State Law Reference Table SLT:1 Code Index CDi:1 • • Supp. No. 4 xiv • • Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC CD2:23, CD2:24 OC iii OC CD3:1 OC vii, viii OC CD3:3, CD3:4 OC ix OC CD3:5, CD3:6 OC xi OC CD3:7, CD3:8 OC xii.i, xii.ii 1 CD3:9, CD3:10 OC xiii, xiv 4 CD3:11, CD3:12 OC CD1:1 OC CD3:13, CD3:14 OC CD1:3, CD1:4 OC CD3:15 OC CD1:5, CD1:6 OC CD4:1 2 CD1:7, CD1:8 OC CD4:3, CD4:4 OC CD1:9 OC CD4:5, CD4:6 OC CD2:1, CD2:2 3 CD4:7, CD4:8 OC CD2:3, CD2:4 OC CD4:9, CD4:10 OC CD2:5, CD2:6 OC CD4:11, CD4:12 OC CD2:7, CD2:8 3 CD4:13, CD4:14 OC CD2:8.1 3 CD4:15, CD4:16 OC CD2:9, CD2:10 OC CD4:17, CD4:18 OC CD2:11, CD2:12 2 CD4:19, CD4:20 OC CD2:13, CD2:14 OC CD4:21, CD4:22 OC CD2:15, CD2:16 OC CD4:23, CD4:24 OC CD2:17, CD2:18 OC CD4:25, CD4:26 2 CD2:19, CD2:20 OC CD5:1, CD5:2 OC CD2:21, CD2:22 OC CD5:3, CD5:4 1 Supp. No. 4 [1) Page No. CD5:5, CD5:6 CD5:6.1 CD5:7, CD5:8 CD5:9, CD5:10 CD5:11, CD5:12 CD5:13, CD5:14 CD5:15, CD5:16 CD5:17, CD5:18 CD5:19, CD5:20 CD5:20.1 CD5:21, CD5:22 CD5:23 CD6:1 CD6:3, CD6:4 CD6:4.1 CD6:5, CD6:6 CD6:7, CD6:8 CD6:9, CD6:10 CD6:11, CD6:12 CD6:13, CD6:14 CD6:14.1, CD6:14.2 CD6:14.3, CD6:14.4 CD6:14.5 CD6:15, CD6:16 CD6:17, CD6:18 CD6:19, CD6:20 CD6:21, CD6:22 CD6:23, CD6:24 CD6:25, CD6:26 CD6:27, CD6:28 CD6:29, CD6:30 CD6:31, CD6:32 CD6:33, CD6:34 CD6:34.1, CD6:34.2 CD6:35, CD6:36 CD6:37, CD6:38 CD6:39, CD6:40 CD6:41, CD6:42 CD6:43, CD6:44 CD6:45, CD6:46 CD6:47, CD6:48 CD6:49, CD6:50 CD6:51, CD6:52 CD6:53, CD6:54 EAGAN CODE Supp. No. 1 1 OC 2 OC OC OC 4 4 4 OC OC 3 4 4 OC OC OC 4 4 4 4 4 OC OC 3 1 4 OC 4 OC 4 4 4 1 3 3 3 3 3 3 3 3 3 Supp. No. 4 [2] Page No. CD6:55 CD7:1 CD7:3, CD7:4 CD7:5, CD7:6 CD7:7, CD7:8 CD7:9, CD7:10 CD7:10.1, CD7:10.2 CD7:11, CD7:12 CD8:1 CD8:3, CD8:4 CD8:5, CD8:6 CD8:7, CD8:8 CD8:9 CD9:1 CD9:3, CD9:4 CD9:5, CD9:6 CD9:7, CD9:8 CD10:1 CD10:3, CD10:4 CD10:5, CD10:6 CD10:6.1 CD10:7, CD10:8 CD10:9, CD10:10 CD10:11, CD10:12 CD10:13, CD10:14 CD10:15, CD10:16 CD10:16.1, CD10:16.2 CD10:17, CD10:18 CD10:19, CD10:20 CD10:21, CD10:22 CD10:23, CD10:24 CD10:25, CD10:26 CD10:27, CD10:28 CD10:29, CD10:30 CD10:31, CD10:32 CD10:33, CD10:34 CD10:35, CD10:36 CD10:37, CD10:38 CD11:1 CD11:3, CD11:4 CD11:4.1 CD11:5, CD11:6 CD11:7, CD11:8 CD11:9, CD11:10 Supp. No. 3 OC 3 4 3 3 3 OC OC OC OC OC OC OC OC OC OC OC 4 4 4 OC 3 3 4 4 4 OC OC OC OC OC OC OC OC OC OC OC OC 3 3 OC OC 3 • • • • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. CD11:11, CD11:12 3 CD11:94.1, CD11:94.2 3 CD11:12.1 3 CD11:94.3, CD11:94.4 3 CD11:13, CD11:14 OC CD11:94.5, CD11:94.6 3 CD11:15, CD11:16 2 CD11:94.7, CD11:94.8 3 CD11:17, CD11:18 2 CD11:95, CD11:96 OC CD11:19, CD11:20 2 CD11:97, CD11:98 OC CD11:21, CD11:22 2 CD11:99, CD11:100 OC CD11:23, CD11:24 2 CD11:101, CD11:102 OC CD11:24.1 2 CD11:103, CD11:104 OC CD11:25, CD11:26 OC CD11:105, CD11:106 OC CD11:27, CD11:28 OC CD11:107, CD11:108 OC CD11:29, CD11:30 OC CD11:109 OC CD11:31, CD11:32 OC CD12:1 4 CD11:33, CD11:34 2 CD12:3 4 CD11:35, CD11:36 OC CD13:1 OC CD11:37, CD11:38 2 CD13:3, CD13:4 OC CD11:39, CD11:40 2 CD13:5, CD13:6 OC CD11:41, CD11:42 2 CD13:7, CD13:8 OC CD11:43, CD11:44 3 CD13:9, CD13:10 OC CD11:45, CD11:46 3 CD13:11, CD13:12 OC CD11:47, CD11:48 3 CD13:13, CD13:14 OC CD11:49, CD11:50 3 CD13:15, CD13:16 OC CD11:51, CD11:52 3 CD13:17, CD13:18 OC CD11:53, CD11:54 3 CD13:19, CD13:20 OC CD11:55, CD11:56 3 CD13:21, CD13:22 OC CD11:57, CD11:58 3 CD13:23, CD13:24 OC CD11:59, CD11:60 3 CD13:25, CD13:26 OC CD11:61, CD11:62 3 CD13:27, CD13:28 OC CD11:63, CD11:64 3 CD13:29, CD13:30 OC CD11:65, CD11:66 3 CD13:31, CD13:32 OC CD11:67, CD11:68 4 CD13:33, CD13:34 OC CD11:69, CD11:70 3 CD13:35, CD13:36 OC CD11:71, CD11:72 3 CD13:37, CD13:38 OC CD11:73, CD11:74 3 CD13:39, CD13:40 OC CD11:75, CD11:76 3 CD14:1 OC CD11:77, CD11:78 3 CD14:3, CD14:4 OC CD11:79, CD11:80 3 CD15:1 OC CD11:81, CD11:82 3 CD25:1 OC CD11:83, CD11:84 3 CD25:3, CD25:4 OC CD11:85, CD11:86 3 CCT:1 OC CD11:87, CD11:88 3 CCT:3, CCT:4 OC CD11:89, CD11:90 3 CCT:5, CCT:6 OC CD11:91, CD11:92 4 CCT:7, CCT:8 3 CD11:93, CD11:94 3 CCT:9 4 Supp. No. 4 [3] EAGAN CODE Page No. Supp. No. SLT:1, SLT:2 4 CDi:1, CDi:2 3 CDi:3, CDi:4 3 CDi:5, CDi:6 3 CDi:7, CDi:8 4 CDi:9, CDi:10 4 CDi:11, CDi:12 4 CDi:12.1 4 CDi:13, CDi:14 3 CDi:15, CDi:16 3 CDi:17, CDi:18 3 CDi:19, CDi:20 3 CDi:21, CDi:22 4 CDi:23, CDi:24 4 CDi:24.1 4 CDi:25, CDi:26 3 CDi:27, CDi:28 3 CDi:29, CDi:30 3 CDi:31, CDi:32 3 CDi:33, CDi:34 3 CDi:35, CDi:36 3 CDi:37, CDi:38 3 CDi:38.1, CDi:38.2 3 CDi:38.3 3 CDi:39, CDi:40 2 CDi:41, CDi:42 OC CDi:43, CDi:44 3 CDi:45, CDi:46 OC CDi:47, CDi:48 2 CDi:49, CDi:50 OC CDi:51, CDi:52 OC CDi:53, CDi:54 3 CDi:55, CDi:56 OC CDi:57, CDi:58 OC CDi:59, CDi:60 4 CDi:61, CDi:62 4 CDi:63, CDi:64 4 Supp. No. 4 [4] • • o BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.52 Subd. 6. No licensee shall sell, offer for sale, or keep for sale liquor in any original package which has been refilled or partly refilled. Subd. 7. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 8. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; day care center structure; or church structure. Subd. 9. Reserved. Subd. 10. On -sale licenses shall be granted only to hotels, restaurants and clubs. Subd. 11. 30 on -sale licenses may be authorized. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The 30 licenses shall be distributed as follows: A. Three licenses for hotels; B. 27 licenses for restaurants. C. No license shall be held for more than two years without being used. D. Any on -sale license issued to the following entities shall be excluded from and in addition to the number of on -sale licenses authorized by this subdivision: (1) Clubs or congressionally chartered veteran organizations. Subd. 12. A. Off -sale license applications will be reviewed by the police department. If an off -sale license is not issued within nine months after council approval, the approval shall automatically lapse. B. Each applicant shall display to the city's satisfaction that it has at least an option on a specific site for the location of an off -sale store and such other information as the city may require. The council reserves the right to determine specific compliance with this subdivision. C. All off -sale licenses shall run from the date of issuance until December 31 of that year. Fees shall be prorated if any off -sale license is issued for less than a full calendar year. Subd. 13. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. Subd. 14. It is lawful for an off -sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. Supp. No. 4 CD5:17 § 5.52 EAGAN CODE Subd. 15. Coin -operated amusement devices may not be located on premises licensed for off -sale of liquor. (Code 1983, § 5.52, eff. 1-1-83; Ord. No. 11, 2nd series, eff. 4-27-84; Ord. No. 31, 2nd series, eff. 5-6-86; Ord. No. 65, 2nd series, eff. 8-26-88; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 139, 2nd series, eff. 5-5-92; Ord. No. 162, 2nd series, eff. 4-20-93; Ord. No. 173, 2nd series, eff. 1-14-94; Ord. No. 174, 2nd series, eff. 1-14-94; Ord. No. 228, 2nd series, eff. 12-4-96; Ord. No. 233, 2nd series, eff. 6-3-97; Ord. No. 260, 2nd series, eff. 6-25-98) Sec. 5.53. Hours and days of liquor sales. Except as otherwise provided in section 5.54, no on -sale shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday. No off -sale shall be made on Sunday nor before 8:00 a.m. or after 8:00 p.m. of any day, except Friday and Saturday, on which days off -sale may be made until 10:00 p.m. No off -sale shall be made on Thanksgiving Day, or Christmas Day, December 25, but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off sales may be made until 10:00 p.m. No sale of liquor shall be made after 8:00 p.m. on December 24. (Code 1983, § 5.53, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.54. Sunday sales. The electorate of the city having heretofore authorized the same, a Sunday on -sale liquor license may be issued to hotels, motels, restaurants, or clubs, as defined in this chapter, which have on -sale licenses and which also have facilities for serving not less than 30 guests at one time. The hours of such sales shall be from 10:00 a.m. on Sunday to 1:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conform- ance with the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.411 et seq.). (Code 1983, § 5.54, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.55. Unlawful acts (liquor). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of liquor. Subd. 2. Licensee to sell liquor on any day or during any hour when sales of liquor are not permitted by law. Subd. 3. Person to purchase liquor on any day or during any hour when sales of liquor are not permitted by law. Subd. 4. Licensee to sell or serve liquor to any person who is obviously intoxicated. (Code 1983, § 5.55, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.56. Sports or convention facility license. The council may authorize any holder of an on -sale liquor license issued by the city or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social • • Supp. No. 4 CD5:18 • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.69 affair conducted on the premises of a sports or convention facility owned by the city or instrumentality thereof having independent policy -making and appropriating authority and located within the city. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. (Code 1983, § 5.56, eff. 1-1-83) Sec. 5.57. Temporary liquor license. Subd. 1. License authorized. Notwithstanding any provision of the City Code to the contrary, the council may issue a license for the temporary on -sale of liquor in connection with a social event sponsored by the licensee. Such license may provide that the licensee may contract with the holder of a full -year on -sale license, issued by the city, for liquor catering services. Subd. 2. Applicant. The applicant for a license under this section must be a club or charitable, religious, or other nonprofit organization in existence for at least three years. Subd. 3. Terms and conditions of license. A. No license is valid until approved by the commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor sale and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full -year on -sale licensee, such caterer shall provide proof of the extension of such coverage to the licensed premises. D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee. Subd. 4. Insurance required. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary liquor license on premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000.00 for injury to any one person, $300,000.00 for injury to more than one person, and $25,000.00 for property damage, naming the city as an insured during the license period. (Ord. No. 80, 2nd series, eff. 6-30-89) Secs. 5.58-5.69. Reserved. Supp. No. 4 CD5:19 § 5.70 EAGAN CODE Sec. 5.70. On -sale wine. Subd. 1. On -sale wine license required. It is unlawful for any person to sell or keep or offer for sale any wine without a license therefor from the city. This section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connection with a legitimate religious ceremony, (2) to sales by manufacturers to wholesalers duly licensed as such by the state, (3) to sales by wholesalers to persons holding on -sale or off -sale liquor licenses from the city, or (4) to sales by wholesalers to persons holding on -sale wine licenses from the city. Subd. 2. On -sale wine license fee. A. The annual on -sale wine license fee is $400.00. B. The annual Sunday on -sale wine license fee is $100.00. Codifier's note —Minn. Stat. § 340A.408 requires a 30-day notice mailed to all affected licensees of an increase in license fees, and a hearing held. Subd. 3. On -sale wine license restrictions and regulations. A. Reserved. B. Reserved. C. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the state. D. Reserved. E. No person under 18 years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under 18 years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine is sold, provided that the person under the age of 18 may not serve or sell any wine. F. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. G. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; day care center structure; or church structure. H. On -sale wine licenses shall be granted only to restaurants as defined in this chapter. Provided, however, for purposes of this section, such restaurant shall have appropriate facilities for seating not less than 25 guests at one time and an on -sale wine license issued hereon permits the sale of wine containing not more than 14 percent alcohol by volume for consumption with the sale of food. I. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. • • Supp. No. 4 CD5:20 • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.70 J. Persons who hold both an on -sale wine license and an on -sale beer license and whose gross receipts are at least 50 percent attributable to the sale of food may sell intoxicating malt liquor (strong beer) at on -sale without an additional license. (Code 1983, § 5.70, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 5-6-86; Ord. No. 48, 2nd series, eff. 6-12-87; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 109, 2nd series, eff. 12-28-90; Ord. No. 139, 2nd series, eff. 5-5-92; Ord. No. 162, 2nd series, eff. 4-20-93; Ord. No. 233, 2nd series, eff. 6-3-97; Ord. No. 260, 2nd series, eff. 6-16-98) Supp. No. 4 CD5:20.1 • • OTHER BUSINESS REGULATION AND LICENSING § 6.01 Sec. 6.01. Definitions. As used in this chapter, the following words and terms shall have the meanings stated: Applicant means any person making an application for a license under this chapter. Application means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. Automated pawn system (APS) means a multiple jurisdiction computerized/automated pawn database, which its centralized operations are within the Minneapolis police department. The purpose of the automated pawn system is to collect pawn transaction data from pawn shops in numerous jurisdictions and provide and disseminate the pawn transaction data to participat- ing law enforcement agencies, providing metro -wide sharing of pawn related information to enhance the identification of stolen property and suspects. Bond means a corporate surety document in the form and with the provisions acceptable and specifically approved by the city attorney. Business means any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated or both licensed and regulated by the terms and conditions of this chapter. Chief of police or police officer means city police chief, police officer or designee. License means a document issued by the city to an applicant permitting him to carry on and transact a business. License fee means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business. Licensee means the person to whom a license is issued under this chapter, including any agents or employees of the person. Minor means any natural person under the age of 18 years. Pawnbroker means a person who loans money on deposit or pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. Sale, sell and sold mean all forms of barter and all manner or means of furnishing merchandise to persons. (Code 1983, § 6.01, eff. 1-1-83; Ord. No. 112, 2nd series, eff. 3-15-91; Ord. No. 265, 2nd series, eff. 8-27-98) Supp. No. 4 CD6:3 § 6.02 EAGAN CODE Sec. 6.02. Applications. All applications shall be made as follows: Subd. 1. All applications shall be made at the office of the city clerk -treasurer upon forms that have been furnished by the city for such purposes. Subd. 2. Reserved. Subd. 3. All such applications must be subscribed, sworn to, and include, but not be limited to, the following: A. Applicant's name, age and citizenship. B. Applicant's present address and length of time he has lived at that address. C. Applicant's occupation and length of time so engaged. D. Applicant's addresses and occupations for the three years last preceding the date of application. E. Names and addresses of applicant's employers, if any, for the three years last preceding the date of application. F. Whether or not applicant has ever been convicted of a felony, gross misdemeanor, or misdemeanor, including violation of a municipal ordinance but excluding traffic violations, and, if so, the date and place of conviction and the nature of the offense. G. Type of license and location of premises for which application is made. H. At least four character references if applicant has not resided in the city for two years last preceding the date of application. I. Such other information as the council shall deem necessary considering the nature of the business for which license application is made. Subd. 4. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license or permit issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter or any part hereof. Subd. 5. The city clerk -treasurer shall, upon receipt of each application completed in accordance herewith, forthwith investigate the truth of statements made therein and the moral character and business reputation of each applicant for a license to such extent as he deems necessary. For such investigation the city clerk -treasurer may enlist the aid of the chief of police. The council shall not consider an application before such investigation has been completed. Subd. 6. Applications for renewal licenses may be made in such abbreviated form as the council may by resolution adopt. (Code 1983, § 6.02, eff. 1-1-83; Ord. No. 117, 2nd series, eff. 6-4-91) • • Supp. No. 4 CD6:4 • • • OTHER BUSINESS REGULATION AND LICENSING § 6.03 Sec. 6.03. Action on application, transfer, termination and duplicate license. Subd. 1. Granting. The council may grant any application for the period of the remainder of the then -current calendar year or for part or all of the ensuing license year. All applications, including proposed license periods, must be consistent with this chapter. Subd. 2. Issuing. If an application is approved, the city clerk -treasurer shall forthwith issue a license pursuant thereto in the form prescribed by the council upon proof of ownership, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a calendar -year basis unless otherwise Supp. No. 4 CD6:4.1 • • • OTHER BUSINESS REGULATION AND LICENSING § 6.32 Sec. 6.32. Shows. Subd. 1. License required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the city. Subd. 2. Exceptions. No license shall be required in the following instances: A. Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for the students thereof only. B. Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. C. Any performance or event in or sponsored by bona fide local church and nonprofit organizations, provided that such organization shall be incorporated. [Subd. 3. Reserved.] Subd. 4. Obscenity prohibited. A. Definitions. As used in this subdivision, the following words and terms shall have the meanings stated: 1. Nudity means uncovered or less than opaquely covered post -pubertal human genitals, pubic areas, the post -pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. 2. Obscene performance means a performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct. 3. Obscenities means those slang words currently generally rejected for regular use in mixed society that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for the bodily, sexual or excretory meaning. 4. Performance means any play, motion picture film, dance, or other exhibition pictured, animated or live, performed before an audience. 5. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. 6. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts Supp. No. 4 CD6:11 § 6.32 EAGAN CODE of the female, whether alone or between members of the same or opposite sex or between humans and animals or an act of apparent sexual stimulation or gratification. 7. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. B. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly (1) exhibit an obscene performance, or (2) directly or indirectly sell an admission ticket by other means to gain entrance to an obscene performance, or (3) directly or indirectly permit admission of a person to premises whereon there is exhibited an obscene performance. C. Any prosecution under this subdivision shall include the following elements: (1) that the average person, applying contemporary community standards, would find the performance, taken as a whole, appealing to the prurient interest of the audience; (2) that the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of "obscene performance"; and (3) that the performance, taken as a whole, lacks serious literary, artistic, political or scientific value. (Code 1983, § 6.32, eff. 1-1-83) Sec. 6.33. Reserved. (Ord. No. 32, 2nd series, eff. 5-6-86) Sec. 6.34. Tobacco. Subd. 1. Purpose. The city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and such sales, possession and use are violations of both state and federal laws. Thus, the city intends to regulate the sale, possession and use of tobacco, tobacco products and tobacco related devices for the purpose of enforcing and furthering existing laws, to prevent and protect minors against the illegal use of tobacco, tobacco products and tobacco related devices, and to further the official public policy of the State of Minnesota, as stated in Minn. Stat., § 144.391, in regard to preventing minors from starting to smoke. Subd 2. Definitions. The following terms, as used in this section, shall have the meanings stated: Compliance checks means the enforcement system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this section. Compliance checks shall involve the use of minors as authorized by this section whereby the authorized minor attempts to purchase tobacco, tobacco products or tobacco related devices for the purpose of enforcement of this section, as well as educational, research and training purposes as authorized by state and federal laws. Supp. No. 4 CD6:12 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.34 Hearing officer means the city administrator or any other city employee duly appointed by the city administrator. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to: single cigarette packs; single bags or cans of loose tobacco in any form; and single cans or other packaging of snuff or chewing tobacco; cartons or other packaging containing more than a single pack or other single container as described in this paragraph shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually wrapped cigarette. Minor means any person under the age of 18 years. Moveable place of business shall mean any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Retail establishment means any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public, including, but not be limited to: grocery stores; convenience stores; liquor establishments; and restaurants. Sale or sell means any transfer of goods for money, trade, barter, or other consideration. Self-service merchandising means open displays of tobacco, tobacco products or tobacco related devices for sale in any manner which any person may have access to tobacco, tobacco products or tobacco related devices without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention for access shall require the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer and the license or employee. For purposes of this definition, self-service merchandising does not include vending machines. Tobacco or tobacco products means any substance or item that consists of leaf tobacco that contains nicotine, including but not limited to: cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready - ribbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. For purposes of this section, a tobacco or tobacco product includes both individually packaged items, such as a pack of cigarettes or a can of chewing tobacco, and cartons containing two or more individually packaged tobacco products. Tobacco related device means any product intentionally designed or intended to be used in connection with chewing, sniffing, smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product carrying case or lighter. Supp. No. 4 CD6: 13 § 6.34 EAGAN CODE Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the device by the person seeking to purchase or otherwise obtain the tobacco, tobacco products or tobacco related device. Subd 3. License required. It is unlawful for any person to, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of any tobacco, tobacco product or tobacco -related device without a license therefor from the city. Subd 4. License application. Application for a license to sell tobacco, tobacco products or tobacco related devices hereunder shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential address and telephone number, the name of the business, the address and telephone number for which the license is sought, and any additional information the city deems necessary. Upon receipt of the completed application and license fee, the city council shall take action on the license application at the next regularly scheduled city council meeting. If the city clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd 5. Action on license application. The city council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city council approves the license, a license shall be immediately issued to the applicant. If the city council denies the license, notice of the denial shall be given to the applicant. The city council may deny a license on the following grounds: A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provisions or other regulation relating to tobacco or tobacco products or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application. D. The applicant fails to provide information required on the application or provides false or misleading information. E. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. Subd 6. Conditions of license. A. Separate licenses shall be issued for the sale of tobacco, tobacco product or tobacco - related devices at each fixed place of business and no license shall be issued for a moveable place of business. B. The licensee shall comply with all provisions on this section. o • • Supp. No. 4 CD6:14 • • OTHER BUSINESS REGULATION AND LICENSING § 6.34 Subd. 7. Duration of license. All licenses issued under this section shall expire on December 31st of each year. Subd. 8. Suspension or revocation. Any license issued under this section may be revoked or suspended for any violation of this section or for any violation of any federal, state or other law, ordinance or regulation relating to tobacco products or tobacco related device as follows: A. A licensee's authority to sell cigarettes at the licensed location may be suspended for a violation of this section. B. In the case of suspension, there shall be no license refund. C. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any officer, director, manager, or other agent or employee of any license. Subd 9. Termination of license. All licenses issued under this section shall be valid only for the premises for which the license was issued and only for the person to whom the license was issued. No license may be transferred to another location or person and any transfer or change of ownership of the licensed premises shall terminate the license. Subd 10. Moveable place of business. No license shall be issued to a moveable place of business. Subd 11. Display of license. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd 12. Renewals. The renewal of a license issued under this section shall be made in accordance with this section as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license. No license shall be renewed in the absence of payment of the annual license fee. Subd 13. License fees. No license shall be issued under this section until the license fee is paid in full, The fee for a license under this section shall be in an amount set forth by city council resolution. Subd 14. Unlawful sales. It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person under the age of 18 years; B. By means of any type of vending machine; C. By means of self-service merchandising of individually packaged tobacco or tobacco products; D. Containing opium, morphine, jimpson weed, belladonna, strychnos, cocaine, mari- juana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. Supp. No. 4 CD6:14.1 § 6.34 EAGAN CODE Subd. 15. Self-service sales. All tobacco, tobacco products and tobacco related devices which are individually packaged shall be either stored behind a counter or other area, including a case or other storage unit, which is not freely accessible and not left open or accessible by the general public. Any retailer selling tobacco, tobacco products or tobacco related devices at the time this section is adopted shall comply with this section within 30 days of the effective date of this section. Subd 16. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the licensee. Nothing in this section shall be construed as prohibiting the city from subjecting a licensee's employee to any penalties appropriate under this section, state or federal law, or other applicable law or regulation. Subd 17. Compliance checks and inspections. All licensed premises shall be open to inspection by the city during licensee's regular business hours. From time to time, but at least once per calendar year, the city shall conduct unannounced compliance checks to ensure compliance with the provisions of this section. Such compliance cheeks shall involve minors who are over the age of 15 years, but less than 18 years (with the written consent of their parent or guardian), who shall enter the licensed premise and purchase or attempt to purchase tobacco, tobacco products or tobacco related devices. Minors used for the purpose of compliance cheeks shall be supervised by designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be in violation of any law prohibiting the purchase or attempted purchase, or the unlawful possession of tobacco, tobacco products or tobacco related devices by a minor when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and shall answer all questions about the minor's age asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other or additional compliance checks authorized by state or federal laws for educational, research, or training purposes required for the enforcement of a particular state or federal law. Subd 18. Unlawful purchase or possession. Unless otherwise provided, the following acts shall be unlawful. A. Illegal possession. It is unlawful for any minor to have in his/her possession any tobacco, tobacco product or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check or fulfilling his duties as an employee of the licensee in making a retail sale. B. Illegal purchase by minor. It shall be unlawful for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device. C. Illegal purchase or procurement for minor. It shall be unlawful for any person to purchase or otherwise obtain for or provide to any minor any tobacco, tobacco product • • Supp. No. 4 CD6:14.2 • • OTHER BUSINESS REGULATION AND LICENSING § 6.34 or tobacco related device. It shall further be unlawful for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco related device. This paragraph shall not apply to minors lawfully involved in compliance checks or fulfilling his duty as an employee of the licensee in making a retail sale. D. Use of false identification. It shall be a violation of this section for any minor to attempt to disguise his/her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd 19. Administration procedures and penalty. A. Notice. Upon discovery of a violation of this section, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the accusations shall be issued and served upon the violator either personally or by mail. B. Hearings. If a person accused of violating this section requests a hearing within ten days of the issuance of the citation, a hearing shall be scheduled, of which the time and place shall be published and provided to the accused violator, but in no event more than 14 days after the violator's request for a hearing. C. Hearing officer. Such hearing shall be held before the hearing officer and shall be open to the public. D. Decision. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions detailing whatever violation has occurred and whether the alleged violator committed it. A copy of the hearing officer's written findings of fact and conclusions shall be provided to the accused violator. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator. E. Appeals. The violator may appeal the decision made by the hearing officer to the district court. F. Misdemeanor prosecution. A violator of any provision of this section shall be deemed a misdemeanor. If the violator is criminally charged, no administrative penalty shall be imposed. G. Continued violation. Each day which a violation occurs or continues shall constitute a separate offense. H. Penalties. 1. Licensees. Any licensee found to have violated this section, or whose employee shall have violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second offense at the same licensed premises within a 24-month period; and $250.00 for a third or subse- quent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. Supp. No. 4 CD6:14.3 § 6.34 EAGAN CODE 2. Other individuals. Individuals, other than minors regulated by subparagraph herein, found to be in violation of this section shall be charged an administrative fee of $50.00. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as any other juvenile or minor charged with a violation of the law. Subd. 20. Exceptions and defenses. A. Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony with the consent of the minor's parent or legal guardian. B. Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. (Code 1983, § 6.34, eff. 1-1-83; Ord. No. 134, 2nd series, eff. 2-28-92; Ord. No. 266, 2nd series, eff. 11-12-98) State law reference —Municipal cigarette license, Minn. Stat. § 461.12 et seq. Sec. 6.35. Gambling. Subd. 1. Purpose. To ensure that charitable gambling in the city is conducted by nonprofit organizations and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull -tabs. Subd. 2. Approval required. It is unlawful for any nonprofit organization to operate or sell pull -tabs in the city without approval from the council. Subd. 3. Applications. A. Applications for pull -tab approval shall be considered and approved by the council at regular meetings. B. Only applications submitted by eligible organizations will be considered for approval by the council. C. An applicant nonprofit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known charitable organization as determined by the city. Subd. 4. Regulations and restrictions. A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. • • • Supp. No. 4 CD6:14.4 • • OTHER BUSINESS REGULATION AND LICENSING § 6.36 B. Pull -tabs may be sold only in on -sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted a temporary license for the operation of pull -tabs in premises other than on -sale liquor licensed establishments for no more than four consecutive days. (Code 1983, § 6.35, eff. 1-1-83; Ord. No. 50, 2nd series, eff. 6-26-87) Sec. 6.36. Solicitors. Subd. 1. Purpose. This section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The council finds, however, that solicitors have used public streets and their direct contact with residents of the city for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This section is intended to prevent and protect against the existence of illicit, unlawful or fraudulent solicitation in the city. To protect the public's health, safety and welfare, the city deems it necessary to regulate door-to-door or street solicitation through a registration process Subd. 2. Scope of application. This section shall apply to solicitors, peddlers and transient merchants. This section shall not apply to the following: A. Newspaper/magazine carriers; B. Merchants delivering goods in the regular course of business; C. Persons who sell products of the farm or garden occupied, grown or cultivated by such person; and D. Outdoor sales on private property, which are governed elsewhere in the City Code. E. Persons who conduct garage sales, rummage sales, estate sales, multipurpose bazaar or flea markets. Supp. No. 4 CD6:14.5 • • OTHER BUSINESS REGULATION AND LICENSING § 6.39 4. Violation of any law or regulation relating to building, safety or health shall be grounds for revocation of any license. 5. No doors of massage rooms, when occupied by one or more persons, shall be locked. All locks, if any, shall be keyed only from the exterior of the massage rooms. 6. Only massage therapists who are licensed by the city shall practice therapeutic massage. 7. No massage therapy establishment shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry. 8. All massage therapy establishment licensees must comply with any and all amendments to this chapter. Failure to do so shall be grounds for revocation of any license. D. Unlawful acts. 1. It is unlawful for any licensee to fail to at all times observe all restrictions, regulations and maintenance requirements contained in this section. 2. It is unlawful for any licensee to be open for business between the hours of 10:00 p.m. and 6:00 a.m. of any day. E. License condition and unlawful acts. 1. All premises licensed under this section shall, during all operating hours, be open to inspection by any health or police officer to determine whether or not this section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures. 2. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a police or health officer from making such inspection. F. Exception. This section shall not apply to a health care facility (1) owned by a municipal corporation organized under the laws of the state, or (2) owned by the state or any of its agencies, or (3) licensed by the state. G. Manager or agent. Before a license is issued under this section to an individual who is a nonresident of the city, to more than one individual whether or not they are residents of the city, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person as its on -premises manager or agent. Such on -premises manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be located at the licensed premises or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Supp. No. 4 CD6:23 § 6.39 EAGAN CODE H. License fee. The annual license fee shall be determined by resolution of the city council. This fee shall also cover the annual license fee for one massage therapist. Subd. 5. Massage therapist license. A. License required. It is unlawful for any person to practice therapeutic massage therapy without a license therefor from the city. B. License application. All initial applications shall be accompanied by a nonreturnable investigation fee. Applications shall be on a form provided by the city and contain all information requested thereon and shall contain such other information as the city may, from time to time, require. All applicants shall be at least 18 years of age. Restrictions and regulations. C. 1. A massage therapist license shall not be issued unless the applicant provides proof of the following: (a) A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable mas- sage association; or (b) A diploma or certificate of graduation from a school, which is either accredited by a recognized educational accrediting association or agency or is licensed by the state or local government agency having jurisdiction over the school; or (c) A certificate of National Certification for Therapeutic Massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of the American Massage Therapy Association. D. License fee. The annual license fee shall be determined by resolution of the city council. (Code 1983, § 6.39, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14-89; Ord. No. 186, 2nd series, eff. 10-13-94; Ord. No. 229, 2nd series, eff. 3-4-97; Ord. No. 261, §§ 1-4, 6-25-98) Sec. 6.40. Reserved. (Code 1983, § 6.40, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14-89; Ord. No. 186, 2nd series, eff. 10-13-94) Sec. 6.41. Stables. Subd. 1. Definition. "Stable" means any yard, pen, building, structure or place where hoofed animals are kept for the purpose of renting, leasing or providing them to others for a consideration. • • Supp. No. 4 CD6:24 • • OTHER BUSINESS REGULATION AND LICENSING § 6.44 Subd. 5. Zoning. No license shall be issued to a person for operation of a pet shop in a zoning district other than commercial. (Code 1983, § 6.43, eff. 1-1-83; Ord. No. 97, 2nd series, eff. 3-2-90) Cross references —Dog and cat regulation and dog licensing, § 10.11; keeping, transport- ing, treatment, housing of animals and fowl, § 10.12. Sec. 6.44. Tree maintenance contractors' licensing. Professional contractors hired to perform tree maintenance services within the city shall be required to obtain a license. This procedure shall comprise the following steps: Subd. 1. Application. Application for a license under this section shall be made at the office of the city clerk -treasurer. Subd. 2. Application form. The application for a license shall be made on a form approved by the city which shows, among other things, the name and address of the applicant, the number and names of employees of the applicant, the number of vehicles of the applicant, together with a description and license number of each, and the type of equipment proposed to be used. Subd. 3. Liability insurance. No license or renewal shall be granted nor shall the same be effective until the applicant shall file with the city clerk proof of a public liability insurance policy covering all operations of such applicant under this section for the sum of at least $100,000.00 against liability for bodily injuries to one person from one accident, $300,000.00 for the injury of two or more persons, and for at least $200,000.00 against liability for damage or destruction of property. Said policy shall provide that it may not be cancelled by the insurer, except after ten days' written notice to the city, and if such insurance is so cancelled and the licensee shall fail to replace the same with another policy conforming to the provisions of this section, said license shall be automatically suspended until such insurance shall have been replaced. Subd. 4. Workers' compensation insurance. Each license applicant shall file with the city clerk -treasurer a certificate of insurance of workers' compensation when such insurance is required by state statute. Subd. 5. Chemical treatment requirements. Applicants who propose to use chemical sub- stances in any activity related to treatment or disease control of trees and shrubs shall file with the city clerk -treasurer proof that the applicant or an employee of the applicant administering such treatment has been certified by the agronomy division of the state department of agriculture as a "commercial pesticide applicator." Such certification shall include knowledge of tree disease chemical treatment. Subd. 6. Fees. The annual license fee shall be determined by resolution of the council. (Code 1983, § 6.44, eff. 1-1-83; Ord. No. 106, 2nd series, eff. 7-27-90; Ord. No. 262, 2nd series, eff. 6-25-98) Supp. No. 4 CD6:27 § 6.45 EAGAN CODE Sec. 6.45. Pawnshop license. Subd. 1. License required. It is unlawful for any person to exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the city as provided in this chapter. Subd. 2. Initial license application. A. General. Applications for pawnbrokers' licenses to be issued under this chapter shall contain information as required on forms prescribed by the city clerk. Applications shall be filed with the city clerk. B. Nature of application. The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization. C. Natural person. If applicant is a natural person, the following information shall be furnished: 1. True name, place and date of birth, and street residence address and length of time at that address of applicant. 2. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. 3. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. 4. Kind, name and location of every business or occupation applicant has been engaged in during the preceding five years. 5. Names and addresses of applicant's employers and partners, if any, for the preceding five years. 6. Whether applicant has ever been convicted of a felony, gross misdemeanor or misdemeanor including violation of a municipal ordinance, but excluding traffic violations, and if so the date and place of conviction and the nature of the offense. 7. If applicant has not resided in the city for three years last preceding the date of application, at least four character references. D. Partnership. If applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in subparagraph C, above. A managing partner or partners shall be designated. The interest of each partner in the business shall be disclosed. E. Corporation. If applicant is a corporation or other association, the following informa- tion shall be required: 1. Name and, if incorporated, the state of incorporation. 2. A true copy of the certificate of incorporation, articles of incorporation or association agreement and bylaws and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes. Supp. No. 4 CD6:28 • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.45 B. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. ch. 278, questioning the amount or validity of taxes, the council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. Subd. 9. Conditions of licenses. A. Records. Every licensee, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately and legibly record, in English, in ink, or other indelible medium, or by computerized or electronic record, including the storage thereof on backup disk or other electronic storage medium, in accordance with the standards and procedures approved by the chief of police, the following informa- tion: 1. An accurate description of the article, in English, and any numbers written, stamped, impressed or engraved thereon, together with the name of the manu- facturer and model if indicated on the article; 2. The amount of money loaned upon or pledged therefor; 3. The date, time and place of receipt of the item; 4. The full name, residence address, date of birth and reasonably accurate descrip- tion of the person, including approximate height, sex and race from whom the items were received; 5. The identification number and state of issue from one of the following forms of identification of the person from whom the item was received: (a) A valid Minnesota driver's license; (b) A valid Minnesota identification card; or (c) A valid photo identification issued by another state or a province of Canada and one form of identification. 6. The maturity date of the pawn transaction and the amount due; and 7. The monthly and annual interest rates, including all pawn fees and charges. B. Disposition of articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and identification of the person to whom sold as specified in subdivision 9, subparagraph A, hereof. C. Inspection of records. The records referred to in this section shall be open to the inspection of the city police officers at all reasonable times and shall be retained by the licensee for at least four years. Supp. No. 4 CD6:31 § 6.45 EAGAN CODE D. Pawn receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles a pawn receipt with a certificate numbered to correspond with the entry in the licensee's records. The pawn receipt shall contain the same information the pawnbroker is required to record under this subdivision, in addition to the following statement: "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods. The pledgor of this item attests that it is not stolen, that it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item. This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property of persons other than the original pledgor must be maintained along with the original transaction record." The person pawning, pledging, selling, depositing or leaving any article shall sign the pawn receipt and receive an exact copy thereof from the licensee. E. Reports to police. 1. Each licensee shall prepare and deliver to the chief of police, every day before 12:00 noon, on forms prescribed by the city clerk, a legible, correct and complete copy from the records hereinbefore required and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. The report and description shall be signed and delivered, in person, by the person making the report to the chief of police unless otherwise directed, in writing, by the chief of police. 2. Automated pawn system reporting. Upon connection to a multiple jurisdiction computerized/automated pawn data reporting system (APS) by the police depart- ment, the licensee shall provide all information required for pawn, secondhand goods or precious metal transaction records in subdivision 9, subparagraph A, hereof, in accordance with this subparagraph in lieu of the reporting require- ments in subparagraph (1) herein. The licensee shall submit all transaction record data required under subdivision 9, subparagraph A, via computerized transmission in accordance with the standards and procedures established by the chief of police for purposes of implementing and utilizing an APS. All required transaction record data shall be transmitted at the close of each business day. In the event the APS central server or the licensee's system is temporarily inoper- • • • Supp. No. 4 CD6:32 • • OTHER BUSINESS REGULATION AND LICENSING § 6.45 able, the licensee shall provide its transaction record data to the police depart- ment as required in subparagraph (1) herein and shall provide the same to the APS central server as reasonably practical upon the system becoming operable. The licensee shall display a sign of sufficient size and in a location which makes it visible to all patrons which informs all patrons that all transactions are reported to the police department. The licensee shall be charged monthly for each transaction record transmitted through the APS at the rate set by city council resolution. The licensee shall pay the charges by the due date shown on the billing. Any charges unpaid at the close of business on the due date shall be deemed delinquent and the licensee shall be charged interest at the rate of 1.5 percent per month on all delinquent charges. Interest charges shall be added to, or become a part of, the delinquent balances. Whenever any charges are more than 30 days delinquent, the city may suspend the licensee's license until all delinquent charges are paid in full. F. Exceptions to reports. No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the police department when demanded. G. One -hundred -twenty -day redemption period. Any person pledging, pawning or depos- iting an article for security shall have a minimum of 120 days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. H. Minimum period before redemption or sale. No personal property on deposit with any licensee nor property purchased by or sold to or in any other ways coming into the possession and under the control of any licensee in the due course of business shall be permitted to be redeemed from the place of business of the licensee for a period of 72 hours, nor shall the property be sold within 60 days of the pawn transaction. I. Police restrictions on sale. Whenever the chief of police shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the chief of police. Such time shall in no case exceed the period of six months from the date of such notification. J. Payment by check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. K. Posting license. All licensees shall post their licenses, in a conspicuous place, in the licensed premises near the licensed activity. Supp. No. 4 CD6:33 § 6.45 EAGAN CODE L. Responsibility of licensees. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. M. Penalty for property owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this chapter. Subd. 10. Restricted hours of operation; minors. A. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. B. No licensee shall purchase or receive personal property, of any nature, on deposit or pledge from any minor. Subd. 11. Inspection. A. Stolen goods. Any licensee shall, at all reasonable times during the term of the license, allow any city police officer to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any city police officer. B. Inspection by claimed owner. All goods, wares or merchandise coming into the possession of any licensee, under the terms hereof, shall at all reasonable times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by the city police officer. Subd. 12. Corporations, partnerships or associations. A. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the council, in which event said license shall continue in force until the end of the then -current license year. B. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the council, in which event said license shall continue in force until the end of the then -current license year. C. Corporations, partnerships or associations shall submit written notice to the city clerk of any such changes described herein on or before 60 days prior to the effective date of any such change and pay any fee required by section 6.04 for an amendment to the license. In the case of a corporation, the licensee shall submit written notice to the city clerk when a person not listed in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this chapter. • • Supp. No. 4 CD6:34 • • OTHER BUSINESS REGULATION AND LICENSING § 6.45 Subd. 13. Refusal, suspension or revocation. A. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application or any omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void. Prior issuance is of no effect to protect the applicant from prosecution for violation of this section or any part hereof. B. The council may suspend or revoke a license issued under this section for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. ch. 278, questioning the amount or validity of taxes, the council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. C. The council may suspend or revoke a license issued under this section upon a finding of a violation of any of the provisions of this chapter or any state statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. D. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension of a license by the council shall be preceded by a public hearing conducted in accordance with Minn. Stat. §§ 14.57-14.69. The council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten days prior to the hearing, shall include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. Subd. 14. Unlawful acts. (a) It shall be unlawful for any licensee and any clerk, agent or employee of the licensee to commit the following acts: (1) Make any false entry in the transaction records; (2) Falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's transactions; (3) Refuse to allow the appropriate law enforcement agency, the attorney general, or any other duly authorized state or federal law enforcement officer to inspect the licensee's transaction records or any transaction goods in the licensee's possession during the ordinary hours of business or other times acceptable to both parties; (4) Fail to maintain a record of each transaction for four years; (5) Accept a pledge or purchase property from a person under the age of 18 years; Supp. No. 4 CD6:34.1 § 6.45 EAGAN CODE (6) Make any agreement requiring the personal liability of a pledgor or seller, or waiving any provisions of this article, or providing for a maturity date less than one month after the date of the pawn transaction; (7) Fail to return pledged goods to a pledgor or provide compensation as set forth in Minn. Stat. § 325J.09, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal or extension and the pawnbroker has sold the pledged goods pursuant to Minn. Stat. § 325J.06, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency; (8) Sell or lease, or agree to sell or lease, transaction goods back to the pledgor or seller in the same, or a related, transaction; (9) Sell or otherwise charge for insurance in connection with a pawn transaction; or (10) Remove transaction goods from the licensed premises or other storage place approved by a municipality at any time before the transaction goods may be disposed of pursuant to Subd. 9 herein. (Code 1983, § 6.45, eff. 1-1-83; Ord. No. 112, 2nd series, eff. 3-15-91; Ord. No. 265, 2nd series, eff. 8-27-98) Sec. 6.46. Paintball sport facility. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Paintball means a round, thin-skinned gelatin capsule filled with a nontoxic, noncaustic, water-soluble and biodegradable colored liquid specifically designed and manufactured to be expelled from a paintball gun. B. Paintball facility means any building, structure or location at which a paintball game is played. C. Paintball game means a game or sport, for adult recreational purposes, of which the objective is to tag opposing players with a paintball expelled or discharged from a paintball gun. D. Paintball gun means a gun from which 0.68 caliber paintballs are expelled by the use of CO2 pressure set for a maximum velocity of 250 feet per second. Subd. 2. License required. It is unlawful for any person to operate a paintball facility without first obtaining a license therefor from the city. Subd. 3. License application. All applications for a license for the operation of a paintball facility shall be made on a form furnished by the city which states, among other things, the name and address of the applicant, the owner and operator of the paintball facility, the name and address of the paintball facility, and the approval of the fire marshal and police chief of the paintball facility. • • Supp. No. 4 CD6:34.2 • • STREETS AND SIDEWALKS GENERALLY § 7.05 Subd. 5. Snow in streets or on sidewalks. A. Placement of snow or ice within street, sidewalk or trail right-of-way. No person, unless acting under a specific contract with the city or with special permission from the city, shall place snow or ice in any travel portion of any street, sidewalk or trail right-of-way. B. The owner or occupant of any property adjacent to a public street, sidewalk or trail right-of-way who deposits snow or ice in any travel portion of any street, sidewalk or trail right-of-way shall remove the deposit snow or ice within 12 hours after notice is given by the city. If the owner or occupant fails to remove the snow or ice as required in the notice within the 12 hours, the city may perform such work and the owner or occupant shall be personally liable and shall pay the cost within 30 days of mailing of invoice by the city. When payment is not remitted as required herein, the city clerk -treasurer may, at the next meeting, present such information to the city council. The city council may approve all or a portion of any snow removal costs as herein provided as a special assessment against the abutting property and such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessments are certified and collected pursuant to Minn. Stat. § 429.101. C. Violation. Any violation of this subdivision shall be a petty misdemeanor offense. Subd. 5.1. Tracking dirt, clay or soil onto streets. A. Any person who has a motor vehicle upon any construction site or area shall remove any dirt, clay, soil or other similar substance from such motor vehicle before driving upon any street right-of-way in order that such dirt, clay or soil shall not be deposited upon the street. It shall be the responsibility of the construction project's development contract obligee and permit holder to immediately clean up any siltation, dirt, clay or soil deposited upon any street right-of-way as a result of motor vehicle traffic from such construction site or area or improper or insufficient erosion control measures on such construction site or area. B. All direct or indirect costs incurred by the city for the removal of any siltation, dirt, clay or soil deposited upon any street not so removed as required in subparagraph A, above, shall be charged to the development contract obligee or permit holder. Subd. 6. Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. Subd. 7. Condition. Before granting any permit under any of the provisions of this section, the council may impose such insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of such obstruction. (Code 1983, § 7.05, eff. 1-1-83; Ord. No. 152, 2nd series, eff. 12-11-92; Ord. No. 227, 2nd series, eff. 11-19-96; Ord. No. 246, 2nd series, eff. 11-27-97; Ord. No. 267, 2nd series, eff. 11-26-98) Supp. No. 4 CD7:5 § 7.06 EAGAN CODE Sec. 7.06. Street openings or excavations. It is a misdemeanor for any person, except a city employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the city, to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the city as herein provided. Subd. 1. Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation, and such other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the city. Subd. 2. Investigation and payment of estimated costs. Upon receipt of such application, the city shall cause such investigation to be made as it may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of such investigation shall be included in such estimate. Payment of such estimated costs shall be made before the permit is issued. Subd. 3. Protection of the city and the public. A. Noncompletion or abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith or shall cease or be abandoned without due cause or is determined to be unacceptable, the city may, after 48 hours' notice in case of a nonemergency, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. In an emergency where it is necessary to eliminate an existing hazard, the city may perform such work without prior notice. B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the city satisfactory evidence in writing that the applicant will keep in effect public liability insurance of not less than $100,000.00 for any person, • • Supp. No. 4 CD7:6 • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.01 Sec. 10.01. Storage, deposit and disposal of refuse. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Garbage means all putrescible wastes, including animal offal and carcasses of dead animals, but excluding human excreta, sewage and other water -carried wastes. B. Other refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), and construction or demolition debris, excluding sand, earth, brick, stone and concrete, and trees, tree branches and wood except when stored as firewood. C. Reyclables means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse -derived fuel or other material that is destroyed by incineration is not a recyclable material. D. Yard waste means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by council resolution. E. Residential dwelling means any single building consisting of one through four dwelling units with individual kitchen facilities for each. F. Multiple dwelling means any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each. G. Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, and schools. H. Association means all cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. I. Curbside means the collection point for garbage, yard wastes and recyclables. Area within three feet of the street on or near residential driveway, except during the winter months when such materials shall be placed a minimum of eight feet behind the curb. J. Composting means any aboveground microbial process that converts yard waste to organic soil amendment or mulch, excluding winter plant protection coverings less than one foot in height. K. Kitchen waste means rinsed egg shells, coffee grounds and chopped vegetables and fruit remains. L. Construction or demolition debris means waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition of buildings. Subd. 2. Storage. A. It is unlawful for any person to store garbage or other refuse on residential dwelling premises for more than one week. All such storage shall be in watertight, metal or Supp. No. 4 CD10:3 § 10.01 EAGAN CODE plastic containers of not less than five gallons with tightfitting covers, which shall be maintained in a clean and sanitary condition; provided, that yard waste may be stored in biodegradable plastic bags, and tree limbs must be stored in watertight, metal or plastic containers of not less than five gallons with tightfitting covers or closable plastic or paper bags, and tree limbs must be stored in bundles weighing no more than 60 pounds and no longer than four feet. B. It is unlawful for any person to store garbage or other refuse or recyclables on multiple -dwelling premises for more than one week. Such storage shall be in contain- ers as for residential dwelling premises, except that so-called "dumpsters" with closefitting covers may be substituted. C. It is unlawful for any person to store garbage or other refuse on commercial establishment premises for more than one week, or for a shorter period when collection must be made at more frequent intervals to protect the public health or at the direction of the city. It is unlawful for any person to store recyclables on commercial establish- ment premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so-called "dumpsters" with closefitting covers may be substituted. D. In residential dwelling areas, storage containers for garbage, other refuse and recyclables shall be permitted at the curb or other collection point from 6:00 p.m. of the night preceding collection day until 10:00 p.m. on the designated collection day. At all other times, such containers must be stored inside the dwelling unit or garage or at a point behind the front of the dwelling unit or garage. E. Notwithstanding any of the foregoing provisions of this subdivision, it shall be unlawful for any person to store any construction or demolition debris on any premises except in a proper container or enclosure as required herein. Any and all construction and demolition debris shall be stored in a roll -off or dumpster-like container or a wire or other temporary constructed enclosure. Any wire or other temporary constructed enclosure that is used for the storage of construction or demolition debris shall meet the following requirements: (1) Not exceed 160 square feet in area, provided no side of the enclosure shall be greater than 20 feet in length; (2) It shall not exceed five feet in height; (3) It shall be constructed in such a manner that all debris will be adequately maintained if kept within the enclosure; (4) It shall be maintained in good repair and shall not be left at any time in a collapsed conditioned; (5) It shall not be located on an individual lot or parcel for more than six months during any twelve-month period; (6) It shall not be used for storage of any refuse other than construction or demolition debris; and • • Supp. No. 4 CD10:4 o o PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.01 (7) The construction or demolition debris stored within the enclosure shall not exceed three feet in height from the top of the enclosure. The containers and enclosures permitted herein shall be clearly labeled with the name and telephone number of the container owner, on the construction or demolition site. F. Backyard composting. 1. Requirements. No composting shall be permitted except in residential dwelling districts and agricultural districts upon compliance with the following require- ments: (a) Yard waste shall be composted within an enclosure with a minimum of three sides or circular, not to exceed a total of 100 cubic feet in volume for the residential lots of 12,000 square feet or less or 150 cubic feet for residential lots with an area of more than 12,000 square feet. The containers shall be of durable material such as wood, plastic, fiberglass, or metal fencing material; (b) Only yard waste, sawdust, wood ash, straw, kitchen wastes, which have been placed initially in the center of the compost pile, and commercially available compost ingredients to accelerate composting may be placed in the compost enclosure; (c) No meat, bones, fat, oils, dairy products, food other than kitchen waste as defined in subdivision 1, subparagraph K, synthetic fibers, human or pet waste, or diseased plants shall be placed in the compost enclosure; (d) Compost shall be properly maintained to minimize odor generation and to promote effective decomposition of the materials; and (e) The compost enclosure shall be located behind the residential dwelling and shall not be within 30 feet of any habitable building, 30 feet of a public right-of-way, and five feet of any property line. (f) The compost enclosure must be located above the 100-year high water level for the closest adjacent pond. 2. Noncompliance. Failure to comply with any of the provisions of this subparagraph E shall constitute a nuisance, and the owner or occupant of the lot or tract of land on which such nuisance is located is primarily responsible for its abatement. Subd. 3. Deposit. It is unlawful for any person to deposit garbage or other refuse from any source, in any place other than a licensed solid waste facility or county -designated facility. It is unlawful for any person to deposit recyclables or yard waste from any source in any place other than a licensed recycling facility or yard waste processing facility or use other than proper disposal methods as approved by the council. Subd. 4. Fire danger. It is unlawful for any person to store, deposit or dispose of any garbage or other refuse which is in flames or heated to the point where it could cause danger of fire in other refuse. Supp. No. 4 CD10:5 § 10.01 EAGAN CODE Subd. 5. Disposal. A. Sanitary landfill. The council may, by resolution, adopt and from time to time amend, adjust and revise such rules, regulations, rates and charges as it deems necessary or proper for the operation and management of a licensed sanitary landfill. It may give notice of any such action as it deems necessary. B. Garbage and refuse collection. Every household in residential and multidwelling districts and all commercial establishments shall have garbage and refuse collection. Such collection must be made by a garbage and refuse hauler that is licensed with the city, except commercial establishments and households in a residential district need not contract with a licensed hauler when it hauls its garbage and refuse from its own property and complies with the standards defined in section 6.37, subdivision 3 of the City Code or provided the garbage and refuse is disposed of in an environmentally sound manner. Subd. 6. Joint management hauling contracts. Occupants of residential dwelling properties jointly managed by associations or others shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful for any residential dwelling association or other residential dwelling joint management entity to negotiate, execute or maintain a contract for residential garbage or other refuse collection unless it includes as a part of that contract or as part of a separate contract weekly collection of recyclables occurring on the same day as their refuse collection. A. Occupants of multiple/residential dwelling properties managed by associations or other management entities shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful for any multiple/ residential dwelling association or other multiple/residential dwelling joint manage- ment entity to negotiate, execute or maintain a contract for multiple/residential garbage or other refuse collection unless it includes as a part of that contract or as part of a separate contract a minimum of weekly collection of recyclables. (Code 1983, § 10.01, eff. 1-1-83; Ord. No. 94, 2nd series, eff. 12-15-89; Ord. No. 137, 2nd series, eff. 5-15-92; Ord. No. 223, 2nd series, eff. 9-12-96; Ord. No. 264, 2nd series, eff. 8-13-98) Cross reference —Municipal and public utilities, ch. 3. State law reference —Waste management, Minn. Stat. ch. 115A. Sec. 10.02. Toilet installation required. It is the duty of every owner or occupant of any property within the city, having a dwelling house or business building situated thereon, which property is abutting a street in which there are city water and sewer mains, to install a toilet in such dwelling or business building and make connection thereof with such water and sewer mains. The city shall serve written notice upon said owner or occupant requiring the installation of toilet facilities upon premises described in said notice and connection thereof with the sewer and water mains, all of which shall be done within 30 days after service of such written notice. Whenever any owner or occupant shall default in compliance with such written notice, the council may by resolution • • Supp. No. 4 CD10:6 • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.09 direct that a toilet be installed and connection made with the water and sewer mains and that the actual cost of such installation be paid in the first instance out of the general revenue fund and assessed against the property so benefited. After such installation and connection is completed by order of the council, the city shall serve a written notice of intention to make an assessment therefor. If such assessment is not paid within ten days, the city shall certify the amount thereof to the county auditor in the same manner as with other special assessments, provided that the council may by resolution provide that the assessment be spread over a term of five years upon written request by the owner of the property. (Code 1983, § 10.02, eff. 1-1-83) Cross reference —Municipal and public utilities, ch. 3. Sec. 10.03. Maintenance of individual sewer systems. It is unlawful for the owner or tenant of any premises to permit an individual sewage disposal system to overflow or expose the contents thereof above ground. (Code 1983, § 10.03, eff. 1-1-83) Cross reference —Municipal and public utilities, ch. 3. Secs. 10.04-10.09. Reserved. Supp. No. 4 CD10:6.1 • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 After considering all evidence submitted, the hearing officer shall make written findings of fact and conclusions on the issue of whether the dog is a dangerous dog within five business days of the date of appeal hearing. The findings and conclusions shall be served upon the owner by U.S. mail, within the five-day time period. An owner's right to appeal or otherwise contest a dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal as required herein or fails to appear at the scheduled appeal hearing date. D. Compliance with dangerous dog regulations. Immediately upon receipt of the notice declaring the dog dangerous, the owner shall confine the dog in a proper enclosure as defined in Minn. Stat. § 347.50. If no timely appeal is received by the city clerk or the appeal hearing officer finds the owner's dog is dangerous, the owner shall comply with the requirements of this section, the provisions of Minn. Stat. § 347.50 to 347.55, and the following: (1) Registration of dangerous dogs. In accordance with 1998 Minnesota Session Law, Chapter 277, the city shall be responsible for the regulatory and procedural provisions for dangerous dog registration pursuant to Minn. Stat. § 347.51, as amended through Laws 1998, Minn. Stat. § 347.51, as amended through Laws 1998, is hereby incorporated herein and adopted by reference in its entirety to the extent that any reference to the term "county" shall be substituted with the term "cit " Y• The owner of a dangerous dog for which a certificate of registration is required under this paragraph shall pay an annual registration fee, in addition to a fee for the cost of the dangerous dog warning symbol and tag. The fees shall be in the amounts as determined by city council resolution. (2) Tag required. It is unlawful for the owner of any dangerous dog to own or keep such dog within the city, unless a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol is affixed to the dog's collar at all times. (3) Enclosure and muzzling required. It is unlawful for the owner of any dangerous dog, while on the owner's property, to have such a dog outside a proper enclosure unless such dog is muzzled, as to prevent the dog from biting any person or animal but not injurious to the dog, and restrained by a substantial chain or leash and under the physical restraint of a responsible person. For purposes of this provision, "proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements for the dog. (4) Destruction of dangerous dog. In the event that a dangerous dog appears to be an immediate danger to any persons or property, a police officer, animal control officer, or other employee or agent of the city assisting a police officer or animal control officer is hereby authorized to summarily destroy such animal. Supp. No. 4 CD10:13 § 10.11 EAGAN CODE (5) Nonapplication to police dogs. The provisions of this subdivision shall not apply to any dangerous dog used by law enforcement officials for public work. Subd. 8. Disposition of certain animals. A. Generally. The hearing officer is authorized to order the destruction or other disposi- tion of any animal upon a finding that: (1) The dog has habitually destroyed property or habitually trespassed in a damag- ing manner on the property of persons other than the owner; (2) The animal has been declared dangerous, the owner's right to appeal under this section has been exhausted or expired and the owner has failed to comply with the provisions of this section or Minn. Stat. § 347.50 through 347.55; or (3) The animal that habitually barks, cries, whimpers, howls, whines, or emits any other loud or unusual noises. In the event the hearing officer waives his/her authority under this subparagraph, a sworn complaint of any person that any one of the foregoing facts exist may be brought before a district court judge in this county. Said judge shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before said judge to show cause why said animal should not be seized and killed or otherwise disposed of by the poundmaster or any police officer or animal control officer. Such summons shall be returnable not more than five days from the date thereof and shall be served at least three days before the time of appearance mentioned therein. Upon such hearing and finding of the facts true as complained of, the judge may either order the animal killed or order the owner to remove it from the city or may order it confined to a designated place or may order its sale or other disposition as herein provided for the impounded animals. B. Notice and hearing. The hearing officer, after having been advised of the existence of such animal as defined in subparagraph A of this subdivision and having decided to retain its authority under this subdivision, shall proceed as follows: 1. The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this subdivision and, where applica- ble, the dates, times, and places of animals and persons bitten, attacked, injured or disfigured or of other violations and shall be given ten days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten days of the notice, the council shall make an appropriate order including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 2. If the owner requests a hearing for determination as to the disposition of the animal, the hearing shall be held before the hearing officer at a date not more than three weeks after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After • • Supp. No. 4 CD10:14 • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 considering all evidence, the hearing officer shall make an appropriate order within 30 days of hearing, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 3. The hearing officer may apply to the district court of the county for subpoenas for hearings under item 2, above. C. Concealing of animals. It is unlawful for any person to harbor, hide or conceal an animal which has been ordered into custody for destruction or other proper disposition. Subd. 9. Immobilization of dogs or cats. For the purpose of enforcement of this section, any peace officer, animal control officer, or other person assisting a police officer or animal control officer may use a so-called "tranquilizer gun" or other instrument for the purpose of immobilizing or seizing, impounding, or restraining any animal reasonably believed to be in violation of this section. Subd. 10. Rabies control. A. Inoculation. Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this subdivision and possess a certificate of a veterinarian duly licensed to practice veterinary medicine within the state, which certificate shall state that the dog or cat has a current inoculation against rabies. Any dog vaccinated with a modified live or trimmune killed rabies vaccine shall be revaccinated at no more than 24-month intervals; any dog vaccinated with any other killed rabies vaccine or while under 12 months of age shall be revaccinated at no more than 12-month intervals. Any cat shall be revaccinated at no more than 12-month intervals for any and all types of vaccines used. B. Animal bites. 1. Persons bitten. (a) Whenever any dog or cat has bitten a person, the owner, having been so notified either orally or in writing, must: (1) provide a certificate of current rabies inoculation; and (2) immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of ten days after the occurrence. (b) During the quarantine, the dog or cat shall be securely confined in a building, locked kennel or a yard which is enclosed by a fence not less than five feet high and so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. (c) If the dog or cat dies or shows signs of illness or if it escapes, the animal control officer or police department must be notified immediately. The Supp. No. 4 CD10:15 § 10.11 EAGAN CODE confinement, testing and treatment costs, in addition to all other expenses incurred, as the result of a dog or cat biting a person, shall be at the expense of the owner of the animal. (d) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the university diagnostic lab to be determined if the animal has been infected with rabies. 2. Dog or cat bitten. (a) Whenever any rabid -bearing animal has bitten a dog or cat, the owner of the bitten dog or cat, having been so notified either orally or in writing, must: (1) provide a certificate of current rabies inoculation to the police department; (2) immediately revaccinate the dog or cat; and (3) immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of 180 days. The dog or cat may be released from quarantine after 40 days if the following are satisfied: (1) The dog or cat was vaccinated for rabies at least 21 days before exposure; (2) The dog or cat was revaccinated for rabies immediately after exposure, at which time the 40-day period shall begin; and (3) A written report as required by state law is received by the board of animal health. (b) Any quarantine of a dog or cat under this subparagraph shall be in accordance with subparagraph B, item 1(b) of this subdivision. (c) If the dog or cat dies or shows signs of illness or escapes, the animal control officer or police department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat bitten by another animal, shall be at the expense of the owner of the dog or cat bitten. (d) In the event that a certificate of current rabies inoculation is not provided or the owner of the dog or cat bitten failed to comply with the provisions herein or, upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subject to the necessary test by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies and shall be quarantined as provided in subparagraph B, item 1(b) of • • Supp. No. 4 CD10:16 • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12 this subdivision. Any animal, other than a dog or cat, which has bitten a dog or cat shall be destroyed and taken to the university diagnostic lab to be determined if the animal has been infected with rabies. (Code 1983, § 10.11, eff. 1-1-83; Ord. No. 135, 2nd series, eff. 4-17-92; Ord. No. 165, 2nd series, eff. 5-14-93; Ord. No. 203, 2nd series, eff. 7-13-95; Ord. No. 252, 2nd series, eff. 1-15-98; Ord. No. 263, 2nd series, eff. 6-25-98) Cross references —Kennels, § 6.38; pet shops, § 6.43. State law references —Animals generally, Minn. Stat. § 346.01 et seq.; dogs and cats, Minn. Stat. § 347.01 et seq. Sec. 10.12. Animals and fowl —Keeping, transporting, treatment, housing. Subd. 1. Definitions. As used in this section, the following definitions shall apply: A. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. B. Animals includes farm animals and all other animals, reptiles and feathered birds or fowl, except dogs, cats, gerbils, hamsters and caged household birds. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the city zoned agricultural and containing not less than five acres, or (2) animals kept as part of a show licensed under the City Code, or (3) animals used in a parade for which a permit has been issued, or (4) animals kept in a laboratory for scientific or experimental purposes, or (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian, or (6) animals kept in a pet shop licensed under the City Code, or (7) as otherwise provided in this section. Subd. 3. Animals in transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or (2) farm animals being transported in a portion of the city zoned agricultural, or (3) restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 4. Treatment. It is unlawful for any person to treat any animal, as herein defined, or any other animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein defined, or any other animal in any structure infested by rodents, vermin, flies or insects or inadequate for protection against the elements. Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the owner. Subd. 7. Harboring carrier pigeons. A. Definitions. As used in this subdivision, the following definitions shall apply: 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. Supp. No. 4 CD10:16.1 § 10.12 EAGAN CODE 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless such pigeons are raised for food or for similar commercial purposes. 3. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any carrier pigeon without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal control officer inspects the premises and lofts thereof. All applications for permit renewal shall be filed within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following: 1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premises on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; • • Supp. No. 4 CD10:16.2 • • LAND USE REGULATIONS (ZONING) § 11.20 B. Permitted uses. Within any limited industrial (I-1) district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 2. Animal hospital or clinic (with no outside kennel). 3. Armories or convention hall. 4. Assembly, processing, fabrication, packaging or manufacturing of a wide variety of products that produce no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. 5. Athletic complexes. 6. Automobile major repair when conducted completely in an enclosed building. 7. Churches. 8. Ice, cold storage plants, bottling works. 9. Machine and welding shops. 10. Mini -warehouse storage facilities. 11. Offices. 12. Radio, television and movie productions studios. 13. Research laboratories. 14. Restaurants, class I only. 15. Tennis club, skating, theater, bowling alley or similar indoor commercial recre- ation. 16. Trade school. 17. Warehousing and wholesaling and related sales or showrooms. 18. Adult establishments, subject to the regulations thereof in Chapter 6 of this Code. No adult establishment may be located within 1,000 feet of another adult establishment residential use, day care provider, on- or off -sale liquor establish- ments, park or public facility. No two adult establishments shall be located in the same building. 19. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within the limited industrial (I-1) district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Amusement devices exceeding three machines at one licensed location or to be located within 500 feet of any other licensed location. Supp. No. 4 CD11:67 § 11.20 EAGAN CODE 2. Car or truck wash when conducted as a principal use. 3. Contractors' yards. 4. Dog kennels with outside pens and subject to Chapter 6 of the City Code. 5. Freestanding tower or wind energy conversion system, subject to the regulations thereof in this Code. 6. Fuel storage tank(s) located above ground, subject to the outdoor storage regulations in this chapter. 7. Manufacture, storage or utilization of explosives. 8. Motor fuel sales serving industrial or trucking uses. 9. Off -site off-street parking and off -site outdoor storage, subject to the regulations thereof in this chapter. 10. On -sale wine and 3.2 beer. 11. Outdoor storage conducted by an occupant of the principal building, subject to the outdoor regulations in this chapter. 12. Sales, leasing, or service for trucks or passenger cars when conducted as a principal use. 13. Sales yards for building materials, conducted by an occupant of the principal building, subject to the outdoor storage regulations in this chapter. 14. Truck and freight terminals. 15. Truckstops. D. Permitted accessory uses. Within any limited industrial (I-1) district, the following uses shall be permitted when conducted as accessory to the principal use on the property. 1. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. 2. Car or truck wash consisting of a single wash bay, when serving only the principal use. 3. Sales, leasing, or service of trucks or passenger cars when serving only the principal use. 4. Temporary outdoor event, subject to the regulations thereof in this chapter. Subd. 17. General industrial (I-2) district. A. Purpose. The purpose of the limited industrial (I-2) general industrial district is to provide for the establishment of heavier industrial uses that, because of the nature of the product or character of operation, require separation from or special protections for non -industrial uses. • • Supp. No. 4 CD11:68 • • LAND USE REGULATIONS (ZONING) § 11.21 L. Stormwater management. All developments shall meet the following requirements: 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods must be used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation condi- tions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, including diver- sions, settling basins, skimming devices, dikes, waterways, and ponds, shall be utilized. Stormwater management measures using surface drainage, vegetation, and infiltration shall be used rather than buried pipes and manmade materials and facilities when practical and reasonably possible. Settling basins to intercept and treat urban runoff shall, at a minimum, be sized to meet Nationwide Urban Runoff Program (NURP) criteria. 4. Impervious surface coverage of lots must not exceed 25 percent of the lot. This may be increased provided the city has approved and implemented a community - wide stormwater management plan affecting the subject site, granted a condi- tional use permit permitting an increase in impervious coverage, and required the necessary water quality mitigation features to meet non -degradation stan- dards for phosphorous for the nearest downstream recreational water body identified in the Eagan water quality management plan. 5. When constructed facilities are used for stormwater management, a document from a duly qualified individual shall be filed with the city. The document shall state that the constructed facilities are designed and installed consistent with the field office technical guide of the local soil and water conservation district. 6. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. M. Special provisions for public I semipublic, agricultural, forestry and extractive uses. 1. Any surface -water -oriented uses and public or semipublic uses when permitted by Code which have need for access to and use of public waters may be located on parcels or lots with public waters frontage. Uses with water -oriented needs located on parcels or lots with public waters frontage shall comply with the following standards: (a) Topographic and vegetative screening of parking areas and structures shall be constructed and maintained; (b) No advertising signs or supporting facilities for signs shall be placed in or upon public waters. The city may install and maintain signs conveying information or safety messages; Supp. No. 4 CD11:91 § 11.21 EAGAN CODE (c) No outside lighting shall be located within the shore impact zone or over public waters unless it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights; and (d) Commercial uses such as boat rides, on -board vendors or similar uses shall be prohibited. (e) Any uses that require shortterm watercraft mooring for patrons shall be centralized and constructed in a manner to avoid obstructions to navigation and the least size reasonably necessary to meet the need; except uses without water -oriented needs unless such uses are set back double the normal ordinary high water level setback or substantially screened from view from the water by vegetation or topography. 2. Agriculture use standards. (a) In all lake and river shoreland areas, general cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvest- ing are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or managed under an approved con- servation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts of the United States Soil Conservation Service (as provided by a qualified individ- ual or agency). The shore impact zone for parcels with permitted agricul- tural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. (b) Animal feedlot and grazing operation shall be prohibited. 3. Forest management standards. The harvesting of timber and associated refores- tation shall be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota. 4. Extractive use standards. (a) Site development and restoration plan. No extractive uses shall be conducted without first obtaining approval by the city. An extractive use site develop- ment and restoration plan shall be approved and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations and identify actions to be taken to mitigate adverse environmental impact, and erosion, and to rehabilitate the site after extractive activities end. (b) Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. • • Supp. No. 4 CD11:92 • • • Chapter 12 COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS —INTERIM USE STUDY Sec. 12.01. Interim use study. Supp. No. 4 CD12:1 • • COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS § 12.01 Sec. 12.01. Interim use study. A. In July of 1996, the city council held a workshop concerning lands designated as D-II, according to the city's comprehensive guide land use plan. At the city council's direction, a comprehensive review of policies and locations of D-II land has been under research by city staff. As of June 3, 1997, pursuant to Minn. Stat. § 462.355, subd. 4, the city council directed a study to be conducted for the purpose of considering: i. Amendments to the city comprehensive guide land use plan for land designated as D-II; and/or ii. The possible rezoning of lands currently designated as D-II, under the land use plan. B. This interim ordinance is adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens. C. With respect to property currently designated as D-II in the city's comprehensive guide land use plan, commencing on the effective date of ordinance from which this section derives [May 21, 1998] and ending October 15, 1999, or at such other time as the city council may determine: i. No building permit for the construction, reconstruction or alteration of any structure shall be issued except for permits for the necessary repair of existing buildings as determined by the city council. This provision shall not apply to platted lots of record. ii. No requests for rezoning or comprehensive guide plan amendments shall be approved by the advisory planning commission or the city council. iii. No conditional use permit or variance shall be approved by the advisory planning commission or the city council. iv. No portion of the property shall be subdivided or replatted except for the purpose of consolidation of two or more parcels of land into one parcel. (Ord. No. 258, 2nd series, eff. 5-21-98) Supp. No. 4 CD12:3 • • • CODE COMPARATIVE TABLE Ordinance Number, Effective Section Series Date this Code 250, 2nd 12-25-97 11.03 11.20 251, 2nd 1-15-98 6.50 252, 2nd 1-15-98 10.11 253, 2nd 1-15-98 11.21 254, 2nd 1-29-98 6.37 255, 2nd 3-26-98 2.15 256, 2nd 3-26-98 2.16 257, 2nd 4-16-98 11.03 11.10 11.20 258, 2nd 5-21-98 12.01 260, 2nd 6-25-98 5.52 5.70 261, 2nd 6-25-98 6.39 262, 2nd 6-25-98 6.44 263, 2nd 6-25-98 10.11 264, 2nd 8-13-98 10.01 265, 2nd 8-27-98 6.01, 6.45 266, 2nd 11-12-98 6.34 267, 2nd 11-26-98 7.05 Supp. No. 4 CCT:9 • • STATE LAW REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text, of references to the Minnesota Statutes. Minn. Minn. Stat. Section Stat. Section Section this Code Section this Code 14.57-14.69 6.45 169.045 8.08 18.77, subd. 8 10.21 169.121 9.12 18.023 10.20 169.129 9.12 35.71 10.11 169.345 et seq. 9.16 65B.41-65B.71 8.08 ch. 171 8.07 84.81-84.89 8.06 171.03 8.06 84.90 8.07 ch. 173 4.20 ch. 86B 10.24 ch. 176 2.12 86B.005, subd. 221.81 4.10 18 10.24 ch. 278 6.45 93.44-93.51 11.21 300.03, 300.04 2.72 chs. 103A- 303.06 6.49 103G 11.21 307.08 11.21 ch. 103F 11.80 325J.09 6.45 chs. 103F, 394 11.80 327.14 et seq. 4.40 103F.201 11.21 327.31-327.35 11.20 103F.205 11.21 333.01 6.49 103F.211 11.21 ch. 340A Ch. 5 103F.215 11.21 5.81 103F.221 11.21 340A.101, subd. ch. 103G 11.21 9 5.01 103G.005, subd. 340A.408 5.31 15 11.21 5.51 ch. 115A 10.01 5.70 144.391 6.34 346.01 et seq. 10.11 144.411 et seq. 5.54 347.01 et seq. 10.11 5.71 347.50-347.55 10.12 ch. 152 10.34 347.51 10.11 152.01 10.34 364.03, subd. 2, 152.092 et seq. Ch. 10, Pt. XXI 364.03, subd. 3 6.45, 6.49 161.242 2.70 412.013 et seq. Ch. 2 ch. 168, ch. 169 8.01 412.221 4.40 chs. 168, 169 8.07 412.221, subd. 168.10 2.70 17 2.32 ch. 168B 2.70 412.231 1.03 168B.04, subd. 412.321 et seq. Ch. 3 2 2.70 415.021 Ch. 1 ch. 169 7.01 ch. 429 3.60 10.50 10.20 169.01 2.70 13.30 169.01 et seq. Ch. 8 429.011 et seq. Ch. 3 Supp. No. 4 SLT:1 Minn. Stat. Section 429.021 429.101 435.193 444.075 461.12 et seq. ch. 462 462.355, subd. 462.357 462.357, subd. 462.358 462.358, subd. 3c 462C.08 462C.012 469.190 471.15 471.62 604A.22 604A.25 ch. 609 EAGAN CODE Section this Code 14.01 10.20 2.75 3.07 6.34 11.21 4 12.01 Ch. 11 3 11.22 Ch. 13 13.10 609.034 609.5311 et seq. 617.23 et seq. 624.22 629.34 13.20 2.80 10.23 8.06, 8.07 8.06 8.06 Ch. 10 10.34 1.03 10.34 5.90 10.10 2.38 • • Supp. No. 4 SLT:2 • • CODE INDEX BOARDS, COMMITTEES AND COMMISSIONS Absentee ballot county board Advisory board of adjustments and appeals Advisory commissions and committees generally Advisory parks commission Advisory planning commission Board of adjustments and appeals Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) City administrator's duties Code definitions Section 2.73 2.53 2.50 2.52 2.51 2.09 Subd. 4.A 1.02 BOATS AND BOATING Parks and recreation areas, unlawful acts 10.23 Subd. 5 Rules and regulations governing boating and related water activities within the city 10.24 Disturbance 10.24 Subd. 3 Exceptions 10.24 Subd. 2 General 10.24 Subd. 1 Ice fishing houses 10.24 Subd. 4 Pontoons and floating rafts 10.24 Subd. 6 Seasonal docks 10.24 Subd. 5 State laws, adoption of 10.24 Subd. 7 BOND ISSUES Certain ordinances not affected by Code 1.14 Subd. 1.B BONDS, SURETY OR PERFORMANCE Listing of uncoded ordinances in effect. See Chapter 25 Pawnshop license requirements 6.45 Subd. 7 BOULEVARDS Code definitions 1.02 BOUNDARIES Certain ordinances not affected by Code 1.14 Subd. 1.I Special service district No. 1 Area included within 14.01 Subd. 4 BOWS AND ARROWS. See also: FIREARMS AND WEAP- ONS Use of 10.10 Subd. 8 BRUSH. See: WEEDS AND BRUSH BUDGET Advisory parks commission's duties 2.52 Subd. 2 City administrator's duties 2.09 Subd. 4.0 Departments generally Budgetary information 2.30 Subd. 5 BUILDINGS Building code Adopted 4.01 Supp. No. 4 CDi:7 EAGAN CODE Section BUILDINGS (Cont'd.) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.A Building numbers Posting 2.78 Subd. 2 Required 2.78 Subd. 1 Specifications 2.78 Subd. 3 Building permits Fees 4.02 Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 Required 4.03 Construction headquarters and material storage areas 4.60 Excavations and fills 4.30 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Moving buildings Building mover endorsement 4.10 Subd. 12 Building permits and certificates of occupancy 4.10 Subd. 11 Conditional permits 4.10 Subd. 10 Council review 4.10 Subd. 7 Denial of permit 4.10 Subd. 13 Fees and deposits 4.10 Subd. 6 Moving days 4.10 Subd. 9 Moving hours 4.10 Subd. 8 Moving permit required and application 4.10 Subd. 2 Owner's permit required and application 4.10 Subd. 4 Liability to city 4.10 Subd. 5 Permits and special requirements for Definitions 4.10 Subd. 1 Outdoor swimming pools 4.70 Protective inspections department 2.35 Signs Construction of 4.20 Subd. 1 Placement, erection maintenance of 4.20 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach parks, construction and maintenance of . 4.40 Violation a misdemeanor 4.99 BURGLAR ALARMS Regulations and requirements 10.43 BUSINESSES Adult -oriented businesses 6.49, 6.50 See: ADULT -ORIENTED BUSINESSES Business signs 4.20 Subds. 5, 6 License regulations 6.01 et seq. See: LICENSES AND PERMITS • • Supp. No. 4 CDi:8 • • CODE INDEX Section CABLE TELEVISION Franchises Listing of uncoded ordinances in effect. See Chapter 25 CANVASSERS. See: PEDDLERS, CANVASSERS AND SOLICITORS CARNIVALS, CIRCUSES AND FAIRS Shows 6.32 CARS. See: MOTOR VEHICLES AND TRAFFIC CERTIFICATES Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 CHEMICAL TREATMENT Tree maintenance contractors' licensing requirements. 6.44 Subd. 6 CITATIONS Code regulations Issuance of citations 1.08 2.38 CITY Certain motorized vehicles permitted on boulevards7.12 Subd. 3 Code definitions 1.02 Moving of buildings Liability to city 4.10 Subd. 5 Tree planting City to control 10.21 Subd. 3 City to perform work 10.21 Subd. 5 CITY ADMINISTRATOR Agreements 2.09 Subd. 6 Appointment and removal 2.09 Subd. 2 Code definitions 1.02 Compensation 2.09 Subd. 5 Duties 2.09 Subd. 4 Position established 2.09 Subd. 1 Qualifications 2.09 Subd. 3 CITY ATTORNEY Legal department 2.33 CITY CLERK -TREASURER City seal generally 2.05 Code definitions 1.02 Generally 2.13 CITY CODE. See: CODE OF ORDINANCES CITY COUNCIL Authority and purpose of provisions 2.01 Supp. No. 4 CDi:9 EAGAN CODE Section CITY COUNCIL (Cont'd.) City administrator's duties 2.09 Subd. 4 City seal 2.05 Interim emergency council, duties of 2.10 Subd. 3 Mayor Generally 2.11 et seq. See: MAYOR Meetings Council procedure at regular meetings 2.04 Special meetings 2.03 Time and place 2.02 Moving of buildings Council review 4.10 Subd. 7 Salaries of mayor and councilmembers 2.11 Special meetings 2.03 Terms of office for transition to odd -year elections 2.16 See: ELECTIONS Traffic and parking control on streets and sidewalks Council action 7.04 Subd. 1 CITY SEAL Generally 2.05 CITY TREASURY Fines and penalties, payment into 1.06 CLAY. See: DIRT, CLAY OR SOIL CODE OF ORDINANCES* Amendments to Code 1.15 Application of provisions 1.01 Certain ordinances not affected by Code 1.14 Citation 1.08 City administrator's duties 2.09 Subd. 4.E Definitions 1.02 Editor's notes and references 1.13 Listing of uncoded ordinances in effect. See Chapter 25 Meanings 1.07 Otherwise unlawful 1.04 Payment into city treasury of fines and penalties 1.06 Penalties for each offense 1.09 Reference to a public official 1.11 Section catchlines and other headings 1.10 Severability 1.05 Source and effective date notes 1.12 Supplementation of Code 1.16 Violation a misdemeanor 2.99 *Note -The adoption, amendment, repeal, omissions, effective date, explana- tion of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. • • Supp. No. 4 CDi:10 • • CODE INDEX Section CODE OF ORDINANCES (Cont'd.) Violation a misdemeanor or a petty misdemeanor 1.03 CODES Technical codes. See that subject COLORING. See: PAINTING OR COLORING COMMERCIAL DISTRICTS Commercial turf fertilizer application 6.48 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) COMMERCIAL ENTERPRISES Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.E COMMERCIAL VEHICLES. See also: MOTOR VEHI- CLES AND TRAFFIC Parking regulations 9.10 COMMITTEES AND COMMISSIONS. See: BOARDS, COMMITTEES AND COMMISSIONS COMMUNITY INVESTMENT FUND Created 2.79 Subd. 1 Purpose of fund 2.79 Subd. 2 COMPENSATION. See: OFFICERS AND EMPLOYEES COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS Interim use study 12.01 CONFECTIONS Alcohol, confections containing 5.19 CONSTRUCTION HEADQUARTERS AND MATERIAL STORAGE AREAS Designated 4.60 CONSTRUCTION VEHICLES Boulevards, permitted on 7.12 Subd. 2 CONTRACTORS Tree maintenance contractors' licensing 6.44 CONTRACTS AND AGREEMENTS Abandoned vehicles City contracts re disposal 2.70 Subd. 1H Certain ordinances not affected by Code 1.14 Subd. 1 City administrator Agreements 2.09 Subd. 6 Duties generally 2.09 Subd. 4.F Duties re contracts 2.09 Municipal and public utilities Contractual contents of provisions 3.04 Supp. No. 4 CDi:11 EAGAN CODE Section CONTRACTS AND AGREEMENTS (Cont'd.) Refuse storage, deposit and disposal Joint management hauling contracts 10.01 Subd. 6 CONVENTION FACILITIES Alcoholic beverage license regulation 5.56 CONVICTIONS Code definitions 1.02 Pawnshop licenses Persons and places ineligible for license 6.45 Subd. 8 CORPORATIONS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 COUNCIL. See: CITY COUNCIL CRIMES. See: PUBLIC PROTECTION, CRIMES AND OFFENSES CURBS AND GUTTERS Painting or coloring 7.10 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.F CURFEW Amusement places, entertainment or refreshment 10.30 Subd. 4 Exceptions 10.30 Subd. 5 Minors under the age of 16 10.30 Subd. 1 Minors who are 16 or 17 years of age 10.30 Subd. 2 Parents and guardians 10.30 Subd. 3 D DAMAGES AND DAMAGING Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.A Traffic and parking control on streets 7.04 Subd. 5 DANCEHALLS Definitions 6.31 Subd. 1 Disposition of fees 6.31 Subd. 14 Hours 6.31 Subd. 10 Lights 6.31 Subd. 7 Not to admit certain persons 6.31 Subd. 8 Numbers of persons admitted 6.31 Subd. 12 Obscene or indecent behavior 6.31 Subd. 6 Officer may attend public dances 6.31 Subd. 9 Permits Applications 6.31 Subd. 5 Generally 6.31 Subd. 2 Issuance of 6.31 Subd.3 Revocation of permit 6.31 Subd. 15 • • Supp. No. 4 CDi:12 • • • CODE INDEX Section DANCEHALLS (Cont'd.) To be posted 6.31 Subd. 4 Smoking or consumption of alcoholic beverages 6.31 Subd. 11 Supp. No. 4 CDi:12.1 • • CODE INDEX Section INSURANCE Beer, wine and liquor licensees Insurance certificate requirements 5.14 License requirements 6.10 Tree maintenance contractors' licensing 6.44 Subd. 3 INTEREST Local lodging tax 2.80 Subd. 10 INTERIM EMERGENCY SUCCESSION Duties of interim emergency council Local offices, succession to Purpose 2.10 Subd. 3 2.10 Subd. 2 2.10 Subd. 1 INTERIM USE STUDY Lands in D-II 12.01 INTERSECTIONS Code definitions 1.02 INTOXICATED PERSONS Dancehalls Not to admit certain persons 6.31 Subd. 8 INVESTIGATIONS Beer, wine and liquor licensing and investigation fee5.02 Subd 3 Parades 7.07 Subd. 3 Street openings or excavations 7.06 Subd. 1 INVESTMENTS Community investment fund 2.79 IRRIGATION Streets City to control irrigation 7.08 Subd. 1 J JUNK Abandoned motor vehicles Junk cars, furniture, household furnishings and appli- ances stored on public or private property K 2.70 Subd. 1 10.51 KENNELS Defined 6.38 Subd. 1 Exception 6.38 Subd. 3 License Required 6.38 Subd. 2 Zoning 6.38 Subd. 4 Supp. No. 4 CDi:21 EAGAN CODE L LABORATORIES Alcoholic beverages in certain buildings and grounds.. LAND USE REGULATIONS (Miscellaneous) Comprehensive guide plan and land use regulations. See that subject Section 5.17 • • Supp. No. 4 CDi:22 • • CODE INDEX Section LAND USE REGULATIONS (Zoning) A agricultural district Accessory uses 11.20 Subd. 3.0 Conditional uses 11.20 Subd. 3.B Permitted uses 11.20 Subd. 3.A Accessory structures Shoreland zoning 11.21 Subd. 9.D Accessory uses A agricultural district 11.20 Subd. 3.0 GB general business district 11.20 Subd. 11.D NB neighborhood business district 11.20 Subd. 10.0 Administration and enforcement 11.40 Agreements Planned development agreement 11.20 Subd. 8.D, 11.40 Subd. 6.0 Alterations Shoreland zoning Shoreland alterations 11.21 Subd. 9.I Amendments (including zoning) Floodplain zoning district 11.40 Subd. 5.H Initiation 11.40 Subd. 5.B Petitions 11.40 Subd. 5.0 Planning commission, referral to 11.40 Subd. 5.E Planning commission reports 11.40 Subd. 5.G Provisions 11.40 Subd. 5.A Public hearing Notice and procedure 11.40 Subd. 5.D Rezoning petition 11.40 Subd. 5.F Architectural standards 11.20 Subd. 6.I Area Minimum area requirements 11.20 Subd. 6 Multiple dwellings, minimum area requirements for 11.20 Subd. 6.B Standards and requirements 11.20 Subd. 15 Board of adjustments and appeals 11.40 Subd. 2 BP business park district Conditional uses 11.20 Subd. 19.0 Description 11.20 Subd. 19.A Permitted accessory uses 11.20 Subd. 19.D Permitted uses 11.20 Subd. 19.B Building exterior treatment; use districts Additional standards and requirements 11.20 Subd. 21.D Building permit reviews Petitions 11.40 Subd. 7.B Procedures 11.40 Subd. 7.0 Purpose 11.40 Subd. 7.A Bulk storage (liquid) Performance standards 11.30 Subd. 1.H Business districts BP business park district 11.20 Subd. 19 GB general business district 11.20 Subd. 11 Supp. No. 4 CDi:23 EAGAN CODE LAND USE REGULATIONS (Zoning) (Cont'd.) LB limited business district NB neighborhood business district RB roadside business district Comprehensive guide plan and land use regulations See that subject Conditional accessory uses NB neighborhood business district Conditional use permits Application, public hearing, notice and procedure Conditions Denial for noncompliance Expiration Periodic review, term of permit Permittee Purpose Revocation Standards Conditional uses A agricultural district BP business park district CSC community shopping center district E estate district Floodplain district (FP) GB general business district I-1 limited industrial district I-2 general industrial district LB limited business district P public facilities district RB roadside business district Residential districts RSC regional shopping center district Shoreland zoning CSC community shopping center district Conditional uses Description Permitted accessory uses Permitted uses Definitions Districts Regulations pertaining to districts. See herein spe- cific districts E estate district Conditional uses Permitted accessory uses Permitted uses Electrical emission Performance standards Enforcing officer Section 11.20 Subd. 9 11.20 Subd. 10 11.20 Subd. 14 11.20 Subd. 10.E 11.40 Subd. 4.B 11.40 Subd. 4.D 11.40 Subd. 4.E 11.40 Subd. 4.I 11.40 Subd. 4.G 11.40 Subd. 4.F 11.40 Subd. 4.A 11.40 Subd. 4.H 11.40 Subd. 4.0 11.20 Subd. 3.B 11.20 Subd. 19.0 11.20 Subd. 12.0 11.20 Subd. 4.B 11.80 Subd. 4.B 11.20 Subd. 11.0 11.20 Subd. 16.0 11.20 Subd. 17.B 11.20 Subd. 9.0 11.20 Subd. 7.B 11.20 Subd. 14.0 11.20 Subd. 5.B 11.20 Subd. 13.0 11.21 Subd. 9.N 11.20 Subd. 12.0 11.20 Subd. 12.A 11.20 Subd. 12.D 11.20 Subd. 12.B 11.03 11.20 Subd. 4.B 11.20 Subd. 4.0 11.20 Subd. 4.A 11.30 Subd. 1.J 11.40 Subd. 1 • • Supp. No. 4 CDi:24 • • • CODE INDEX Section LAND USE REGULATIONS (Zoning) (Cont'd.) Excavation permit Planned development 11.40 Subd. 6.E Supp. No. 4 CDi:24.1 • • CODE INDEX Section SUCCESSION Interim emergency succession 2.10 SUNDAYS Alcoholic beverages Sunday sales 5.54 SURETY BONDS. See: BONDS, SURETY OR PERFOR- MANCE SURVEYS, MAPS AND PLATS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Subdivision regulations (platting) 13.01 et seq. See: SUBDIVISION REGULATIONS (Platting) SWIMMING POOLS Outdoor swimming pools 4.70 T TAXATION Certain ordinances not affected by Code 1.14 Subd. 1.G Local lodging tax 2.80 TECHNICAL CODES Building code adopted 4.01 Minnesota Uniform Fire Code 10.40 TENSE Code definitions 1.02 TESTS AND TESTING Municipal utilities Meter test 3.05 Subd. 6 TIEDOWNS Trailer coach park construction, design and operation requirements 4.40 Subd. 4.M TOBACCO Administrative procedures 6.34 Subd. 19 Definitions 6.34 Subd. 2 Exceptions and defenses 6.34 Subd. 20 License Application 6.34 Subd. 4 Action on application 6.34 Subd. 5 Compliance checks and inspections 6.34 Subd. 17 Conditions of license 6.34 Subd. 6 Display 6.34 Subd. 11 Duration 6.34 Subd. 7 Fees 6.34 Subd. 13 Movable place of business 6.34 Subd. 10 Renewals 6.34 Subd. 12 Required 6.34 Subd. 3 Supp. No. 4 CDi:59 EAGAN CODE Section TOBACCO (Cont'd.) Suspension or revocation 6.34 Subd. 8 Termination 6.34 Subd. 9 Penalty 6.34 Subd. 19 Purpose 6.34 Subd. 1 Responsibility 6.34 Subd. 16 Self-service sales 6.34 Subd. 15 Unlawful purchase or possession 6.34 Subd. 18 Unlawful sales 6.34 Subd. 14 TOILETS Installation requirements 10.02 TOURIST CABINS Local lodging tax 2.80 TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILER COACH PARKS Construction and maintenance of Purpose, construction and definitions 4.40 Subd. 1 Storing of trailers 4.40 Subd. 2 Suspension 4.40 Subd. 5 Trailer coach park Construction, design and operation requirements . 4.40 Subd. 4 Permits 4.40 Subd. 3 TRAILERS, TRUCKS Parking regulations 9.10 TRAILS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS TRAINS. See: RAILROADS AND TRAINS TRAPPING Prohibited; exceptions 10.13 TRASH. See: GARBAGE AND TRASH TREASURER. See: CITY CLERK -TREASURER TREE MAINTENANCE CONTRACTORS License Application 6.44 Subd. 1 Application form 6.44 Subd. 2 Chemical treatment requirements 6.44 Subd. 5 Fees 6.44 Subd. 6 Liability insurance 6.44 Subd. 3 Workers' compensation insurance 6.44 Subd. 4 TREES AND SHRUBBERY Private property Planting and maintenance of trees and grass on 10.21 Shade tree disease control and prevention 10.20 Streets, regulation of trees 7.08 • • Supp. No. 4 CDi:60 • • CODE INDEX Section TRESPASSES Animal regulations 10.12 Subd. 6 TRUCK ROUTES Designated 8.02 TRUCKS Parking regulations 9.10 U UTILITIES Contractual contents 3.04 Definitions 3.01 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Liens Municipal utility services and charges a lien 3.05 Subd. 8 Municipal utilities Application, connection and sale of service 3.05 Subd. 2 Billing, payment and delinquency 3.05 Subd. 1 Discontinuance of service 3.05 Subd. 3 Fixing rates and charges for 3.02 Meter test 3.05 Subd. 6 Municipal utility services and charges a lien 3.05 Subd. 8 Ownership of municipal utilities 3.05 Subd. 4 Right of entry 3.05 Subd. 5 Unlawful acts 3.05 Subd. 7 Protective inspections department 2.35 Public maintenance vehicles permitted on boulevards . 7.12 Subd. 1 Public utilities Fixing rates and charges for 3.03 Sanitary sewer connection and availability charge Adjustments 3.08 Subd. 3 Billings 3.08 Subd. 5 Collections 3.08 Subd. 7 Exemptions 3.08 Subd. 4 Purpose of funds derived and allocation of revenue . 3.08 Subd. 1 Recalculation of fees 3.08 Subd. 6 Sanitary sewer utility fee 3.08 Subd. 2 Sewer service Additional rules and regulations 3.40 Subd. 8 Connections 3.40 Subd. 9 Definitions 3.40 Subd. 1 Deleterious substances 3.40 Subd. 4 Industrial wastes, classification of 3.40 Subd. 3 Metered water not discharged 3.40 Subd. 2 Rules and regulations relating to 3.40 Size, kind and depth of pipe 3.40 Subd. 7 Unlawful discharge 3.40 Subd. 5 Unmetered water supply 3.40 Subd. 6 Supp. No. 4 CDi:61 EAGAN CODE Section UTILITIES (Cont'd.) Stormwater drainage connection and availability charge Adjustments 3.07 Subd. 4 Billings 3.07 Subd. 6 Collections 3.07 Subd. 8 Exemptions 3.07 Subd. 5 Purpose of funds derived and allocation of revenue 3.07 Subd. 2 Recalculation of fees 3.07 Subd. 7 Storm sewer utility fee 3.07 Subd. 3 Stormwater drainage utility 3.07 Subd. 1 Street lighting system Costs 3.60 Subd. 3 Location 3.60 Subd. 2 Procedure 3.60 Subd. 4 Purpose 3.60 Subd. 1 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.D Violation a misdemeanor 3.99 Water connection and availability charge Adjustments 3.06 Subd. 3 Billings 3.06 Subd. 5 Collections 3.06 Subd. 7 Exemptions 3.06 Subd. 4 Purpose of funds derived and allocation of revenue . 3.06 Subd. 1 Recalculation of fees 3.06 Subd. 6 Water utility fee 3.06 Subd. 2 Water service Abandoned services penalties 3.20 Subd. 3 Additional rules and regulations 3.20 Subd. 12 Code requirement 3.20 Subd. 11 Deficiency of water and shutting off water 3.20 Subd. 1 Private fire hose connections 3.20 Subd. 7 Private water supplies 3.20 Subd. 5 Repair of leaks 3.20 Subd. 2 Restricted hours for sprinkling 3.20 Subd. 6 Rules and regulations relating to 3.20 Service pipes 3.20 Subd. 4 Unmetered service 3.20 Subd. 9 Water hydrant use 3.20 Subd. 8 Water meters 3.20 Subd. 10 UTILITY BUILDINGS Trailer coach park construction, design and operation requirements 4.40 Subd. 4.J V VARIANCES Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) • o Supp. No. 4 CDi:62 • • o CODE INDEX Section VEHICLES. See: MOTOR VEHICLES AND TRAFFIC VIOLATIONS Code definitions 1.02 w WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES WATER HYDRANTS Use 3.20 Subd. 8 WATER SUPPLY AND DISTRIBUTION Rules and regulations relating to water service 3.20 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.0 Utilities 3.01 et seq. See: UTILITIES WATERCRAFT. See: BOATS AND BOATING WATERWAYS AND WATERCOURSES Park and recreation area regulations re boats or other watercraft Rules and regulations governing boating and related water activities WEAPONS. See: FIREARMS AND WEAPONS WEEDS AND BRUSH Regulation of weeds on streets WETLAND CONSERVATION Compliance with wetland conservation statutes and regulations 10.13 Subd. 5 10.24 7.08 10.25 WINE Licensing and regulation 5.01 et seq. See: ALCOHOLIC BEVERAGES On -sale wine 5.70 et seq. See: ALCOHOLIC BEVERAGES WINTER Winter season parking 9.09 WORKERS' COMPENSATION Alcoholic beverage licensee regulation 5.18 City offices 2.12 Subd. 2 Contractors 2.12 Subd. 1 License regulations 6.12 Tree maintenance contractors' licensing 6.44 Subd. 5 Supp. No. 4 CDi:63 EAGAN CODE Section WRITTEN AND IN WRITING Code definitions 1.02 Y YARDS AND OPEN SPACES Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) 11.01 et seq. ZONING Golf driving range, zoning requirements 6.42 Subd. 4 Interim use study for certain designated lands 12.01 Kennels 6.38 Subd. 4 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Pet shops, zoning regulations 6.43 Subd. 5 Planning and zoning department Established 2.36 • • Supp. No. 4 CDi:64 • CITY CODE CITY OF EAGAN, MINNESOTA • Published by Order of the City Council MUNICIPAL CODE CORPORATION C ; Tallahassee, Florida 1997 • • • • OFFICIALS of the CITY OF EAGAN, MINNESOTA AT THE TIME OF THIS CODIFICATION Thomas A. Egan Mayor Patricia E. Awada Beatta M. Blomquist Sandra A. Masin Theodore H. Wachter City Council Thomas L. Hedges City Administrator James F. Sheldon City Attorney Eugene J. VanOverbeke Finance Director/City Clerk iii • • • PREFACE This volume is a republication of the general and permanent ordinances of the City of Eagan, Minnesota, originally published in 1983. The original arrangement and the original numbering system have been retained. New state law references have been added and existing references were verified and updated. A state law reference table was prepared. In this publication, a uniform style of punctuation and capitalization has been employed. Obvious typographical errors and misspellings have been corrected without notation. Source materials used in the preparation of this Code were the 1983 publication, as amended, a legal analysis of the 1983 publication, and ordi- nances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any ordinance included herein. The various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a point. The figure before the point refers to the chapter number, and the figure after the point refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1.02, and the first section of chapter 6 is 6.01. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6.01 and 6.02 is desired to be added, such new section would be numbered 6.01.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5. vii Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CODE INDEX CDi: 1 Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Milt Lefkoff, Super- vising Editor, and Jody S. Wilson, Editor, of the Municipal Code Corporation, viii • • • • • Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Mr. James Sheldon, City Attorney, and Mr. E.J. VanOverbeke, Finance Director/City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City of Eagan readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Eagan, Minnesota. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law refer- ences; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Eagan, Minnesota. © Copyrighted material. Municipal Code Corporation and the City of Eagan, Minnesota. 1997. ix • • The following paragraphs are reprinted from the Foreword of the 1983 publication: This book contains a codification of the ordinances of the City of Eagan pursuant to authority granted the City Council by Minnesota Statutes, Section 415.021. It is known and may be cited as the "City Code". In this codification, most of the original ordinances have lost their identity and are referred to by Chapter, Section, Subdivision, etc. rather than by a number indicating the sequence in which they were adopted. They have also been supplemented by other essential legis- lative items. Certain ordinances retain their number and effective dates because of the nature of the subject matter contained therein. A complete codification of the proportions desired is a difficult and lengthy task, but the effort will be well -rewarded if it is found that the City Code accomplishes (1) the elimination of repetition and non- essentials; (2) easy revision and incorporation of each new ordinance or amendment; (3) comprehensiveness; and, (4) the ease of locating a particular subject or provision. The reader will find in this book a topical Analysis and a Sub -Analysis, followed by a full text of the City Code. This physical layout is designed to make local laws more accessible to the layman for it is closest to him and touches his life every day. The City Code is dedicated to this purpose. • • • TABLE OF CONTENTS Page Officials of the City at the Time of this Codification iii Current Officials (Reserved) v Preface vii Adopting Ordinance (Reserved) CITY CODE Chapter 1. General Provisions and Definitions Applicable to The Entire City Code Including Penalty for Violation CD1:1 2. Administration and General Government CD2:1 3. Municipal and Public Utilities —Rules and Regulations, Rates, Charges and Collections CD3:1 4. Construction Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks CD4:1 5. Beer, Wine and Liquor Licensing and Regulation CD5:1 6. Other Business Regulation and Licensing CD6: 1 7. Streets and Sidewalks Generally CD7:1 8. Traffic Regulations CD8:1 9. Parking Regulations CD9:1 10. Public Protection, Crimes and Offenses CD10:1 11. Land Use Regulations (Zoning) CD11:1 12. Reserved CD12:1 13. Subdivision Regulations (Platting) CD13:1 14. Special Service District No. 1 CD14:1 15-24. Reserved CD15:1 25. Listing of Uncoded Ordinances in Effect CD25:1 Code Comparative Table-1983 Code CCT: 1 Code Comparative Table —Ordinances CCT:3 State Law Reference Table SLT:1 Code Index CDi:1 CITY CODE 1 • • • CITY CODE • • • s General Provisions and Definitions 1 • • • • • • CITY CODE Chapter 1 GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION* Sec. 1.01. Application. Sec. 1.02. Definitions. Sec. 1.03. Violation a misdemeanor or a petty misdemeanor. Sec. 1.04. Otherwise unlawful. Sec. 1.05. Severability. Sec. 1.06. Payment into city treasury of fines and penalties. Sec. 1.07. Meanings. Sec. 1.08. Citation. Sec. 1.09. Penalties for each offense. Sec. 1.10. Section catchlines and other headings. Sec. 1.11. Reference to a public official. Sec. 1.12. Source and effective date notes. Sec. 1.13. Editor's notes and references. Sec. 1.14. Certain ordinances not affected by Code. Sec. 1.15. Amendments to Code. Sec. 1.16. Supplementation of Code. Secs. 1.17-1.99. Reserved. *State law reference —Authority for codification of ordinances, Minn. Stat. § 415.021 CD1:1 • • • GENERAL PROVISIONS § 1.02 Sec. 1.01. Application. The provisions of this chapter shall be applicable to all the chapters, sections, subdivi- sions, paragraphs and provisions in the City Code, and the City Code shall apply to all persons and property within the city and within such adjacent area as may be stated in specific provisions. (Code 1983, § 1.01, eff. 1-1-83) Sec. 1.02. Definitions. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purpose of every chapter, section, subdivision, paragraph and provision of this City Code, shall have the following meanings and inclusions: Boulevard means the area of a street right-of-way that lies between the property line nearest to any street to which such property abuts and the edge of pavement or back of curb of such street. City means the City of Eagan, Minnesota, acting by or through its duly authorized representative. City administrator means the person duly appointed by the city council and acting in such capacity. City clerk and city clerk -treasurer mean the person duly appointed by the city council and acting in such capacity. Code or "this Code," without further qualification, means the City Code, City of Eagan, Minnesota. Conviction means either of the following accepted and recorded by the court: A. A plea of guilty; or B. A verdict of guilty by a jury or a finding of guilty by the court. Council and city council mean the city council of the City of Eagan, Minnesota. County means the County of Dakota, Minnesota. Crime means conduct which is prohibited by this Code for which the violator may be sentenced to imprisonment or fine. Ex officio member means a person who is not counted for the purpose of determining a quorum and has no right to vote, but shall have the right and obligation, within his discretion, to speak to any question coming before the board, commission or other deliberative body of which he is such member. Intersection means the area embraced within the prolongation or connection of the lateral curbline or, if no curb, then the lateral boundary lines of the roadways or streets which join one another at or approximately at right angles or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict. CD1:3 § 1.02 EAGAN CODE May is permissive. Minn. Stat. means and refers to the latest edition or supplement of the Minnesota Statutes. Misdemeanor means the crime for which a sentence of not more than 90 days or a fine of not more than $700.00, or both, may be imposed. Officer, employee, department, board, commission or other agency, when referred to by title only, shall be construed as if followed by the words "of the City of Eagan, Minnesota." Ordinance means an ordinance duly adopted by the council. Person includes all firms, partnerships, associations, corporations and natural persons. Petty misdemeanor means an offense, which does not constitute a crime, and for which a sentence of a fine of not more than $200.00 may be imposed. Police officer, public safety officer, and peace officer mean every officer, including special police, authorized to direct or regulate traffic, keep the peace, and appointed or employed for the purpose of law enforcement. Premises means any lot, piece or parcel of land within a continuous boundary, whether publicly or privately owned, occupied or possessed. Private property means all property not included within the definition of public property and public place. Public property and public place mean any place, property or premises dedicated to public use, owned by the city, occupied by the city as a lessee or occupied by the city as a street by reason of an easement, including but not limited to streets, parks or parking lots so owned or occupied. Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel. In the event a street includes two or more separate roadways, the term "roadway," as used herein, shall refer to any such roadway separately but not to all such roadways collectively. Shall is mandatory. State means the State of Minnesota. Street and street right-of-way mean the entire area dedicated to public use, or contained in an easement or other conveyance or grant to the city, and shall include but not be limited to roadways, boulevards, sidewalks, trails, alleys, and other public property between lateral property lines in which a roadway lies. Tense. Words used in the present tense shall include the future; words used in the future tense shall include the present. Violate includes failure to comply with. CD1:4 • • • • • • GENERAL PROVISIONS § 1.07 Written and in writing mean any mode of representing words and letters in the English language. (Code 1983, § 1.02, eff. 1-1-83; Ord. No. 6, 2nd series, eff. 4-27-84; Ord. No. 64, 2nd series, eff. 8-26-88; Ord. No. 151, 2nd series, eff. 12-11-92) Sec. 1.03. Violation a misdemeanor or a petty misdemeanor. Every person violates a chapter, section, subdivision, paragraph or provision of this City Code when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof such person shall be punished as for a misdemeanor or as for a petty misdemeanor, except as otherwise stated in specific provisions herein, as set forth in the specific chapter in which the section, subdivision, paragraph or provision violated appears. Upon conviction for a crime, the actor may be convicted of either the crime charged if it is a misdemeanor, or a petty misdemeanor as an included offense necessarily proved if the misdemeanor charge were proved. (Code 1983, § 1.03, eff. 1-1-83) State law reference —Maximum penalty for ordinance violations, Minn. Stat. §§ 412.231, 609.034. Sec. 1.04. Otherwise unlawful. The City Code does not authorize an act or omission otherwise prohibited by law. (Code 1983, § 1.04, eff. 1-1-83) Sec. 1.05. Severability. Every chapter, section, subdivision, paragraph or provision of the City Code shall be and is hereby declared severable from every other such chapter, section, subdivision, paragraph or provision, and if any part or portion of any of them shall be held invalid, it shall not affect or invalidate any other chapter, section, subdivision, paragraph or provision. (Code 1983, § 1.05, eff. 1-1-83) Sec. 1.06. Payment into city treasury of fines and penalties. All fines, forfeitures and penalties recovered for the violation of any ordinance, charter, rule or regulation of the city shall be paid into the city treasury by the court or officer thereof receiving such monies. Payment shall be made in the manner, at the time, and in the proportion provided by law. (Code 1983, § 1.06, eff. 1-1-83) Cross reference —City clerk -treasurer, § 2.13. Sec. 1.07. Meanings. As used in this City Code, words of the male gender shall include the female and neuter, and the singular shall include the plural and the plural shall include the singular. (Code 1983, § 1.07, eff. 1-1-83) CD1:5 § 1.08 EAGAN CODE Sec. 1.08. Citation. The ordinances embraced in the following chapters and sections shall constitute and be designated as the City Code, City of Eagan, Minnesota, and may be so cited. This codification of the ordinances of the city shall henceforth be known as the City Code and cited thus: "City Code, Sec. (Code 1983, § 1.08, eff. 1-1-83) Sec. 1.09. Penalties for each offense. When a penalty or forfeiture is provided for the violation of a chapter, section, subdivision, paragraph or provision of this City Code, such penalty or forfeiture shall be construed to be for each such violation. (Code 1983, § 1.09, eff. 1-1-83) Sec. 1.10. Section catchlines and other headings. The catchlines of the several sections of this Code, printed in boldface type, are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of such sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, subdivision, subparagraph or other provision of this City Code. (Code 1983, § 1.10, eff. 1-1-83; Ord. No. 29, 2nd series, eff. 6-6-86) Sec. 1.11. Reference to a public official. Wherever an appointed public official is referred to in the City Code, the reference shall include such public official or his designee. (Code 1983, § 1.11, eff. 1-1-83; Ord. No. 46, 2nd series, eff. 6-12-87) Cross reference —Administration and general government, ch. 2. Sec. 1.12. Source and effective date notes. The source and effective date notes appearing after sections of this Code are not intended to have any legal effect, but are merely intended to indicate the source and effective date of matter contained in the section. Sec. 1.13. Editor's notes and references. The editor's notes, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of this Code. CD1:6 • • • • • GENERAL PROVISIONS Sec. 1.14. Certain ordinances not affected by Code. ss 1.15 Subd. 1. Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code: A. Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this Code. B. Any ordinance or resolution promising or guaranteeing the payment of money for the city, or authorizing the issue of any bonds of the city, or any evidence of the city's indebtedness, or any contract, right, agreement, lease, deed or other instrument or obligation assumed by the city. C. Any administrative ordinances of the city not in conflict or inconsistent with the provisions of this Code. D. Any right or franchise granted by any ordinance. E. Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the city. F. Any appropriation ordinance. G. Any ordinance levying or imposing taxes. H. Any ordinance prescribing fees, fines, charges, rates, or other specific monetary values. I. Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city. J. Any ordinance establishing traffic or parking regulations on any street or public way, including traffic schedules. K. Any ordinance regarding salaries or compensation of city officers or employees. L. Any temporary or special ordinances. Subd. 2. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. All ordinances are on file in the office of the city administrator. Sec. 1.15. Amendments to Code. Subd. 1. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city council to make such additions or amendments a part of this Code, shall be deemed to be incorporated in this Code so that reference to the Code shall be understood and intended to include such additions and amendments. Subd. 2. All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering CD1:7 § 1.15 EAGAN CODE system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section, subdivision, paragraph or any portion thereof, such repealed portions may be excluded from the Code by the omission thereof from reprinted pages. Subd. 3. Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "That section of the City Code, City of Eagan, Minnesota, is hereby amended to read as follows. " The new provisions shall then be set out in full. Subd. 4. If a new section not then existing in the Code is to be added, the following language may be used: "That the City Code, City of Eagan, Minnesota, is hereby amended by adding a section to be numbered , which section reads as follows. " The new section may then be set out in full. Subd. 5. All chapters, sections, subdivisions, paragraphs or provisions desired to be repealed must be specifically repealed by chapter, section, subdivision or paragraph number, as the case may be. Sec. 1.16. Supplementation of Code. Subd. 1. By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. Subd. 2. In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. ♦ Subd. 3. When preparing a supplement to this Code, the codifier, meaning the person authorized to prepare the supplement, may make formal, nonsubstantive changes in ordi- nances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: A. Organize the ordinance material into appropriate subdivisions; B. Provide appropriate catchlines, headings and titles for sections and other subdivi- sions of the Code printed in the supplement, and make changes in such catchlines, headings and titles; C. Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; CD I.8 • • • • • GENERAL PROVISIONS § 1.99 D. Change the words "this ordinance" or words of the same meaning to "this chapter," "this section" or "this subdivision," as the case may be, or to "sections through ." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and E. Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Secs. 1.17-1.99. Reserved. CD1:9 2 Administration and General Government • • • • • Sec. 2.01. Sec. 2.02. Sec. 2.03. Sec. 2.04. Sec. 2.05. Sec. 2.06. Sec. 2.07. Sec. 2.08. Sec. 2.09. Sec. 2.10. Sec. 2.11. Sec. 2.12. Sec. 2.13. Sec. 2.14. Sec. 2.15. Chapter 2 ADMINISTRATION AND GENERAL GOVERNMENT* Authority and purpose. Council meetings —Time and place. Special meetings. Council procedure at regular meetings. City seal. Right to administrative appeal. Rules of procedure for appeals and other hearings. Facsimile signatures. City administrator. Interim emergency succession. Salaries of mayor and councilmembers. Workers' compensation. City clerk -treasurer. Mayoral term of office. Even -year election. Secs. 2.16-2.29. Reserved. Sec. 2.30. Departments generally. Sec. 2.31. Police department. Sec. 2.32. Fire department. Sec. 2.33. Legal department. Sec. 2.34. Public works department. Sec. 2.35. Protective inspections department. Sec. 2.36. Planning and zoning department. Sec. 2.37. Park and recreation department. Sec. 2.38. Issuance of citations. Secs. 2.39-2.49. Reserved. Sec. 2.50. Advisory commissions and committees generally. Sec. 2.51. Advisory planning commission. Sec. 2.52. Advisory parks, recreation, and natural resources commission. Sec. 2.53. Advisory board of adjustments and appeals. Secs. 2.54-2.69. Reserved. Sec. 2.70. Disposal of abandoned motor vehicles, unclaimed property and excess prop- erty. Sec. 2.71. Personnel rules and regulations. Sec. 2.72. Franchises. Sec. 2.73. Absentee ballot counting board. Sec. 2.74. Special assessment policy. Sec. 2.75. Deferment of special assessments. Sec. 2.76. Partial prepayment of special assessments. *Cross references —Reference to a public official, § 1.11; municipal and public utilities — rules and regulations, rates, charges and collections, ch. 3; administration of beer, wine and liquor regulations, § 5.02; administration and enforcement of land use regulations, § 11.40; administration and enforcement of subdivision regulations, § 13.40. State law reference —Statutory cities, Minn. Stat. § 412.013 et seq. CD2:1 Sec. 2.77. Sec. 2.78. Sec. 2.79. EAGAN CODE Emergency preparedness plan. Building numbers. Community investment fund. Sec. 2.80. Local lodging tax. Secs. 2.81-2.98. Reserved. Sec. 2.99. Violation a misdemeanor. CD2:2 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.04 Sec. 2.01. Authority and purpose. Pursuant to authority granted by statute, this chapter of the City Code is enacted so as to set down for enforcement the government and good order of the city by and through the council. (Code 1983, § 2.01, eff. 1-1-83) Sec. 2.02. Council meetings —Time and place. Regular meetings of the council shall be held in the council chambers on the first and third Tuesdays of each month at 6:30 p.m. Special and adjourned meetings shall also be held in the council chambers or such place as the council designates. In the event that any regular meeting falls on a holiday, then the meeting shall be held on the next day or such other day as the council designates, at the same time. The organizational meeting shall be held at the time of the second regular meeting in January. (Code 1983, § 2.02, eff. 1-1-83) Sec. 2.03. Special meetings. Special meetings of the council may be called by the mayor or by any two other members of the council by writing filed with the city administrator stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the city administrator to each member of the council by mailing a copy of such filing to all members who did not sign or issue the call at least three days prior to the time stated therein, or by personal service at least 72 hours prior to the projected time of meeting. Special meetings may be held without prior written notice to the council when all councilmembers are present at the meeting or consent thereto in writing. Any such consent shall be filed with the city administrator prior to the beginning of the meeting. Any special meeting attended by all councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. Meetings of the council which are adjourned from time to time shall not be subject to the foregoing notice requirements, nor shall special meetings which, in the judgment of the council, require immediate consideration to meet an emergency require such notice, but may be called by telephone communication or any other expeditious means. Notice to the public and to news media shall be given as required by statute. (Code 1983, § 2.03, eff. 1-1-83; Ord. No. 115, 2nd series, eff. 6-14-91) Sec. 2.04. Council procedure at regular meetings. The city administrator shall prepare the following items: (1) an agenda for the forthcom- ing meeting; (2) a report from the city administrator on administrative activities of the preceding month; (3) a compiled list of claimants; and (4) a copy of all minutes to be considered. The city administrator shall forthwith cause to be mailed or delivered to each member of the council copies of all said documents. Robert's Rules of Order, Newly Revised, copyright 1970, shall govern all council meetings as to procedural matters except as amended in specific instances by unanimous vote of the councilmembers present. The order of business at regular meetings shall be as determined by the council. Matters inappropriate for consideration at a CD2:3 § 2.04 EAGAN CODE meeting, or not in the order specified, shall not be considered except (1) with the unanimous consent of the members of the council, or (2) scheduled public hearings or bid lettings at the time stated in the notice. (Code 1983, § 2.04, eff. 1-1-83) Sec. 2.05. City seal. All contracts to which the city is a party shall be sealed with the city seal. Said seal shall be kept in the custody of the city clerk -treasurer and affixed by him. The official city seal shall be a circular disc having engraved thereupon "CITY OF EAGAN" and such other words, figures or emblems as the council may, by resolution, designate. (Code 1983, § 2.05, eff. 1-1-83) Sec. 2.06. Right to administrative appeal. If any person shall be aggrieved by any administrative decision of the city administrator or any other city official or any board or commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the council upon serving a written request therefor upon the mayor and city administrator at least five days prior to any regular council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence he deems pertinent to the appeal, but the city shall not be required to keep a verbatim record of the proceedings. The mayor or other officer presiding at the hearing may, in the interest of justice or to comply with time requirements and on his own motion or the motion of the appellant, the city administrator, or a member of the council, adjourn the hearing to a more convenient time or place, but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. (Code 1983, § 2.06, eff. 1-1-83) Sec. 2.07. Rules of procedure for appeals and other hearings. The council may adopt by resolution certain written rules of procedure to be followed in all administrative appeals and other hearings to be held before the council or other bodies authorized to hold hearings and determine questions therein presented. Such rules of procedure shall be effective 30 days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings. (Code 1983, § 2.07, eff. 1-1-83) Sec. 2.08. Facsimile signatures. The mayor and city clerk -treasurer are hereby authorized to request a depository of city funds to honor an order for payment when such instrument bears a facsimile of their CD2:4 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.09 signatures and to charge the same to the account designated thereon or upon which it is drawn as effectively as though it were their manually written signatures. Such authority is granted only for the purpose of permitting such officers an economy of time and effort. (Code 1983, § 2.08, eff. 1-1-83) Sec. 2.09. City administrator. Subd. 1. Position established. The position of city administrator is hereby established. Subd. 2. Appointment and removal. The city administrator shall be appointed by the council for an indefinite term. He shall -not be removed except by affirmative action taken by the council twice at two regular meetings held within 60 days. The action taken at the first such meeting shall be an expression of intent to vote thereon at the second such regular meeting not to be held sooner than ten days thereafter. If, at any time after he has completed six months of continuous service, the council takes such action, the city administrator may, within 30 days after written notice of removal, request a public hearing which the council must grant and which must be started within 30 days after the request. Subd. 3. Qualifications. The city administrator shall be selected solely on the basis of his executive and administrative qualifications with special reference both to his experience, formal education, as well as his knowledge of accepted practices pertaining to the duties of his office. Subd. 4. Duties. The city administrator shall be the chief administrative officer of the city, and he shall be responsible to the council for the proper administration of all affairs of the city and to that end shall have the power and shall be required to: A. Supervise the administration of all departments, offices and divisions of the city, except as otherwise provided by law, and carry out any other responsibilities placed under his jurisdiction by this chapter or by subsequent council action. He shall interview and screen all prospective city employees as permitted by law and shall make recommendations for terminating and suspending employees and may suspend any employee until the next council meeting when the council shall affirm, modify or rescind the suspension. B. Develop and issue all administrative rules, regulations and procedures necessary to ensure the proper functioning of all departments and offices under his jurisdiction as permitted by law and council approval. C. Prepare and submit an annual budget to the council and keep the council advised of the financial condition of the city and make such recommendations as he may from time to time determine desirable and necessary. D. Attend and participate in discussions at all meetings of the council and other official bodies as directed by the council. The city administrator shall also represent the city at all official or semiofficial functions as may be directed by the council and not in conflict with the prerogatives of the mayor. He shall be entitled to notice of all regular and special meetings of the council. CD2:5 § 2.09 EAGAN CODE E. See that all laws and provisions of the City Code are duly enforced. F. Make or award purchases and contracts when the amount thereof does not exceed $2,000.00. G. Recommend from time to time the adoption of such measures as he may deem necessary or expedient for the health, safety and welfare of the community or for the improvement of the administration. H. Perform such other duties as may be required by the council and referred to in the Position Description Guide, and consistent with Minnesota Statutes and the City Code. Subd. 5. Compensation. The city administrator shall receive such compensation as the council shall fix from time to time. Subd. 6. Agreement. This section shall be subject to any agreement already entered into with respect to this position. (Code 1983, § 2.09, eff. 1-1-83) Sec. 2.10. Interim emergency succession. Subd. 1. Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to ensure the continuity of duly elected and lawful leadership of the city to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices. Subd. 2. Succession to local offices. In the event of a nuclear attack upon the United States or a natural disaster affecting the vicinity of the city, the mayor, council and city administrator shall be forthwith notified by any one of said persons and by any means available to gather at the city hall. In the event that safety or convenience dictate, an alternative place of meeting may be designated. Those gathered shall proceed as follows: A. By majority vote of those persons present, regardless of number, they shall elect a chairman and secretary to preside and keep minutes, respectively. B. They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done or the imminence thereof. C. They may, based on such facts, declare a state of emergency. D. By majority vote of those persons present, regardless of number, they shall fill all positions on the council, including the office of mayor, of those persons upon whom notice could not be served or who are unable to be present. E. Such interim successors shall serve until such time as the duly elected official is again available and returns to his position, or the state of emergency has passed and a successor is designated and qualifies as required by law, whichever shall occur first. CD2:6 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.15 Subd. 3. Duties of the interim emergency council. The interim emergency council shall exercise the powers and duties of their offices and appoint other key government officials to serve during the emergency. The council shall implement the city emergency plan then in effect. (Code 1983, § 2.10, eff. 1-1-83) Sec. 2.11. Salaries of mayor and councilmembers. Salaries of the mayor and council are hereby fixed as follows, which amounts are deemed reasonable: Subd. 1. The monthly salary of the mayor shall be $791.67. Subd. 2. The monthly salary of each councilmember shall be $573.33. (Code 1983, § 2.11, eff. 1-1-83; Ord. No. 178, 2nd series, eff. 3-18-94; Ord. No. 224, 2nd series, eff. 9-26-96) Sec. 2.12. Workers' compensation. Subd. 1. Contractors. The city shall not enter into any contract for doing public work before receiving from all other contracting parties acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes. Subd. 2. City officers. All officers of the city elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of workers' compensation entitlement. (Code 1983, § 2.12, eff. 1-1-83; Ord. No. 115, 2nd series, eff. 6-14-91) State law reference —Workers' compensation, Minn. Stat. ch. 176. Sec. 2.13. City clerk -treasurer. The offices of city clerk and city treasurer should be and they are hereby combined. (Code 1983, § 2.13, eff. 1-1-83) Cross reference —Payment into city treasury of fines and penalties, § 1.06. Sec. 2.14. Mayoral term of office. The term of office of the mayor of the city is hereby established to be four years, commencing with the ensuing term after the effective date of this section. (Ord. No. 123, 2nd series, eff. 8-16-91) Sec. 2.15. Even -year election. The municipal general election in the city shall be held on the first Tuesday after the first Monday in November of every even -numbered year, commencing with the even -year elections immediately after the effective date of this section. (Ord. No. 124, 2nd series, eff. 8-30-91) CD2:7 § 2.16 EAGAN CODE Secs. 2.16-2.29. Reserved. Sec. 2.30. Departments generally. Subd. 1. Control. All departments of the city are under the overall control of the city administrator. Heads of all departments are responsible to the city administrator and subject to his supervision and direction, except as otherwise provided herein. Subd. 2. Appointment. All department heads and employees shall be recommended by the city administrator and appointed by the council. All appointments shall be for an indetermi- nate term and subject to any applicable civil service regulations in effect in the city. Subd. 3. Compensation. All wages and salaries shall be fixed and determined by the council. Subd. 4. Table of organization and lines of responsibility. The city administrator shall recommend, and the council may by resolution adopt, amend and from time to time revise, a table of organization and define lines of responsibility and authority for the efficient governmental organization of the city. Subd. 5. Budgetary information. The heads of all departments shall, during July in each year, file with the city administrator the projected financial needs of his department for the ensuing year. Such projections shall include information as to maintenance and operation of equipment, new equipment, personnel and such other information as may be requested by the city administrator. (Code 1983, § 2.30, eff. 1-1-83) Sec. 2.31. Police department. A police department is hereby established. The head of this department shall be known as the chief of police, and the number of additional members and employees of the police department shall be determined by the council, which may be changed from time to time. The mayor shall have, without the approval of the council, authority to appoint additional members of the police department for temporary duty when in his judgment an emergency exists for the preservation of life or property. The chief of police and all members of the police department shall have the powers and authority of police officers generally and shall perform such duties as are required of them by the council or by law. The chief of police shall have general superintendence of the police department and custody of all property used and maintained for the purposes of said department. It is the duty of the chief of police, on or before the second business day in each month, to file with the city administrator a report as to all arrests made by and other activities of his department during the previous month. The chief of police shall also make and file such other reports as may be required by the council. For purposes of administration, animal control, civil defense and ambulance service are all a part of this department. (Code 1983, § 2.31, eff. 1-1-83) Cross references —Traffic regulations, ch. 8; parking regulations, ch. 9; public protec- tion, crimes and offenses, ch. 10. CD2:8 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.34 Sec. 2.32. Fire department. A fire department is hereby established. The size and composition, including, but not limited to, a determination as to permanent and volunteer members, shall be established by resolution of the council, which may be changed from time to time by a subsequent resolution. The council shall also establish and from time to time revise and amend written rules and regulations of the department, including, but not limited to, its internal structural organiza- tion and compensation, a copy of which shall be distributed to each of its members whenever established, revised or amended. The chief of the fire department shall have general supervision of the fire department and custody of all property used and maintained for the purposes of said department. He shall see that the same are kept in proper order and that all rules and regulations and all provisions of the laws of the state and ordinances of the city relative to a fire department and to prevention and extinguishment of fires are duly observed. He shall supervise the preservation of all property endangered by fire and shall control and direct all persons engaged in preserving such property. In case of the absence or disability of the chief for any cause, the assistant chief shall exercise all powers, perform all the duties and be subject to all the responsibilities of the chief. It is the duty of the chief of the fire department, on or before the second regular business day in each month, to file with the city administrator a report as to all fires occurring during the previous month stating the probable cause thereof and estimated damages; such reports shall also state the other activities of the department. The chief of the fire department shall also make and file such other reports as may be requested by the council. (Code 1983, § 2.32, eff. 1-1-83) Cross references —Minnesota Uniform Fire Code, § 10.40; fire, burglary and safety alarm regulations and requirements, § 10.43. State law reference —Municipal fire prevention, Minn. Stat. § 412.221, subd. 17. Sec. 2.33. Legal department. A legal department is hereby established. The council shall appoint a city attorney, who shall be head of the legal department, together with such assistants as may be necessary who shall serve at the pleasure of the council. The city attorney shall perform such duties as are required of him by law or referred to him by the council. It shall be the official duty of the city attorney to act as "revisor of ordinances." (Code 1983, § 2.33, eff. 1-1-83) Sec. 2.34. Public works department. A public works department is hereby established. The head of such department shall be the director of public works. The city water and sewer systems and streets shall be under the direct supervision of the director, and he shall be responsible for and have custody of all property of such department. It is also the duty of the director of public works, on or before the date of the first regular council meeting in each month, to file with the city administrator a report as to any recommendations as to repairs or improvements he deems advisable, together CD2:9 § 2.34 EAGAN CODE with a report of the activities of his department during the preceding month. The director shall also make and file such other reports as may be requested by the council. All engineering activities shall be under this department. (Code 1983, § 2.34, eff. 1-1-83) Cross references —Municipal and public utilities, ch. 3; streets and sidewalks generally, ch. 7. Sec. 2.35. Protective inspections department. A protective inspections department is hereby established. The head of this department is the chief building official. It is the duty of the chief building official to carry out the provisions of the state building code and the provisions of the City Code relating to construction, including, but not limited to, buildings, individual sewage disposal systems, plumbing, heating, and electrical inspections. This department shall also inspect standby auxiliary fuel tanks and supervise the attachment of correct building numbers. (Code 1983, § 2.35, eff. 1-1-83) Cross reference —Construction licensing, permits and regulation, including signs, excavations and mobile home parks, ch. 4. Sec. 2.36. Planning and zoning department. A planning and zoning department is hereby established. The head of this department shall be the city planner. All planning and zoning activities shall be the responsibility of this department. It is the duty of the city planner to act in an advisory capacity to the planning commission and the council in all planning and zoning matters, to make recommendations as to planning and subdivision ordinance amendments, and to administer the enforcement of ordinances relating thereto. The city planner shall submit a periodic report to the city administrator covering the work of his department for intervals required by the city administrator. (Code 1983, § 2.36, eff. 1-1-83) Cross references —Land use regulations, ch. 11; subdivision regulations, ch. 13. Sec. 2.37. Park and recreation department. A park and recreation department is hereby established. The head of this department shall be the director of parks and recreation. All park and recreation activities shall be the responsibility of this department. It is the duty of the director of parks and recreation to act in an advisory capacity to the advisory park and recreation commission and the council in all matters of park and recreation activities, ordinances and policies. The director of parks and recreation shall submit a periodic report to the city administrator covering the work of his department for intervals required by the city administrator. (Code 1983, § 2.37, eff. 1-1-83) CD2:10 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.50 Sec. 2.38. Issuance of citations. Subd. 1. Except as otherwise provided by statute, only a peace officer and part-time peace officer may: A. Ask a person receiving a citation to give a written promise to appear in court; or B. Take a person into custody as permitted by Minn. Stat. § 629.34. Subd. 2. The following city individuals may issue citations in lieu of arrest or continued detention for violation of the City Code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the council. A. Peace officers and part-time peace officers. B. Reserve officers. C. City planner, community development director and project planner. D. Chief building official and building inspectors. E. Sign inspectors. F. Director of public works and engineering technicians. G. Fire inspection officers. H. Animal control officers. I. Community service officers. (Ord. No. 62, 2nd series, eff. 6-24-88; Ord. No. 121, 2nd series, eff. 7-26-91; Ord. No. 146, 2nd series, eff. 8-28-92) Secs. 2.39-2.49. Reserved. Sec. 2.50. Advisory commissions and committees generally. All advisory commission and committee appointments authorized by ordinance or resolu- tion shall be made by the council at the second regular meeting in January of each year or at such other time as determined by the council and such appointments confirmed prior to the expiration of the existing terms. The term of each appointee shall be established and stated at the time of his appointment. Each commission or committee shall be composed of seven regular members who shall serve staggered (two or three members subject to appointment each year) three-year terms, unless otherwise required by statute, Code or resolution. However, no member may serve more than three consecutive three-year terms or more than nine consecutive years on any one commission or committee. An eighth member shall be appointed to each commission or committee as an alternate for a period of one year and shall have all of the powers and duties of a commission or committee member during the absence or disability of a regular member. Notwithstanding the provisions of this section, the council may by resolution establish special ad hoc committees or groups consisting of any number of members appointed for periods at the council's discretion. New appointees shall assume office at the first meeting of the commission or committee after appointment. However, all appointees to CD2:11 § 2.50 EAGAN CODE commissions and committees shall hold office until their successors are appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term. No appointed commission or committee member shall be an employee of the city, but an ex officio member may be so employed. All appointed commission and committee members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the council before they were incurred. The chairman and secretary shall be chpsen from and by the commission and committee membership to serve for the current year. Any commission or committee member may be removed by the council for misfeasance, malfeasance or nonfeasance in office and his position filled as any other vacancy. Each commission and committee shall hold its regular meetings at a time established and approved annually by the commission or committee. All members shall be residents of the city. The city administrator shall be an ex officio member of all commissions and committees, provided that he may be represented by his assistant or some person duly authorized by him. All commissions and committees shall act as advisory to the council. Except as otherwise provided, this section shall apply to all commissions and committees. (Code 1983, § 2.50, eff. 1-1-83; Ord. No. 53, 2nd series, eff. 4-8-88) Sec. 2.51. Advisory planning commission. Subd. 1. Establishment. An advisory planning commission is hereby established. Subd. 2. Powers and duties. The advisory planning commission shall have all the powers and duties defined or granted in the statutes and the City Code relating to planning, zoning and subdivision regulations and shall act in an advisory capacity to the council in all of such areas. (Code 1983, § 2.51, eff. 1-1-83; Ord. No. 53, 2nd series, eff. 4-8-88) Sec. 2.52. Advisory parks, recreation, and natural resources commission. Subd. 1. Establishment. An advisory parks, recreation and natural resources commission is hereby established. The director of parks and recreation, by reason of his position, shall be an ex-officio member. Subd. 2. Powers and duties. The advisory park and recreation commission shall make recommendations as to acquisition of park sites and facilities, park programs, operation of public parks, park budgets and general development of recreational facilities within land developments. (Code 1983, § 2.52, eff. 1-1-83; Ord. No. 113, 2nd series, eff. 4-12-91) Sec. 2.53. Advisory board of adjustments and appeals. Codifier's note —The advisory board of adjustments and appeals (zoning) is provided for in chapter 11 of the City Code. (Code 1983, § 2.53, eff. 1-1-83) CD2:12 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.70 Secs. 2.54-2.69. Reserved. Sec. 2.70. Disposal of abandoned motor vehicles, unclaimed property and excess property. Subd. 1. Disposal of abandoned motor vehicles. A. Definitions. 1. Abandoned motor vehicle means a motor vehicle, as defined in Minn. Stat. § 169.01, that: (a) Has remained illegally: (1) For a period of more than 48 hours on property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or (2) On private property for a period of time, as determined under Minn. Stat. § 168B.04, subd. 2, without the consent of the person in control of the property; and (b) Lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. A classic car or pioneer car, as defined in Minn. Stat. § 168.10, is not considered an abandoned vehicle. Vehicles on the premises of junkyards or automobile graveyards that are defined, maintained and licensed in accordance with Minn. Stat. § 161.242 or that are licensed and maintained in accordance with local laws and zoning regulations are not considered abandoned vehicles. Avehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ or court order is in effect. 2. Vital component parts means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. B. Custody. The city may take into custody and impound any abandoned motor vehicle. C. Immediate sale. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale at public auction and shall not be subject to the notification, reclamation or title provisions of this subdivision. D. Notice. 1. When an abandoned motor vehicle does not fall within the provisions of subparagraph C of this subdivision, the city shall give notice of the taking within CD2:13 § 2.70 EAGAN CODE ten days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle, if such information can be reasonably obtained, and the place where the vehicle is being held, shall inform the owner and any lienholder of their right to reclaim the vehicle under subparagraph E of this subdivision, and shall state that failure of the owner or lienholder to exercise their right to reclaim the vehicle and contents shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle and contents at a public auction pursuant to subparagraph F of this subdivision. 2. The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in the official newspaper. Published notices may be grouped together for convenience and economy. E. Right to reclaim. 1. The owner or any lienholder of an abandoned motor vehicle shall have a right to reclaim such vehicle from the city upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by this subdivision. 2. Nothing in this subdivision shall be construed to impair any lien of a garage keeper under the laws of this state, or the right of the lienholder to foreclose. For the purposes of this subparagraph E, "garage keeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. F. Public sale. 1. An abandoned motor vehicle and contents taken into custody and not reclaimed under subparagraph E of this subdivision shall be sold to the highest bidder at public auction or sale, following one published notice published at least seven days prior to such auction or sale. The purchaser shall be given a receipt in a form prescribed by the registrar of motor vehicles, which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check. 2. From the proceeds of the sale of an abandoned motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle and all administrative, notice and publication costs incurred pursuant to this subdivi- sion. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the general fund of the city. CD2:14 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.70 G. Disposal of vehicles not sold. Where no bid has been received for an abandoned motor vehicle, the city may dispose of it in accordance with this subdivision. H. Contracts and disposal. 1. The city may contract with any qualified person for collection, storage, inciner- ation, volume reduction, transportation or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal. 2. Where the city enters into a contract with a person duly licensed by the state pollution control agency, the agency shall review the contract to determine whether it conforms to the agency's plan for solid waste disposal. A contract that does so conform may be approved by the agency. Where a contract has been approved, the agency may reimburse the city for the costs incurred under the contract which have not been reimbursed. 3. If the city utilizes its own equipment and personnel for disposal of the abandoned motor vehicle, it shall be entitled to reimbursement for the cost thereof along with its other costs as herein provided. Subd. 2. Disposal of unclaimed property. A. Definition. The term "abandoned property" means tangible or intangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared such by a resolution of the council. B. Preliminary notice. If the city administrator knows the identity and whereabouts of the owner, he shall serve written notice upon him at least 30 days prior to a declaration of abandonment by the council. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the city administrator, notice shall also be served upon him. Such notice shall describe the property and state that unless it is claimed and proof of ownership or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the council after the expiration of 30 days from the date of such notice. C. Notice and sale. Upon adoption of a resolution declaring certain property to be abandoned property, the city administrator shall publish a notice thereof describing the same, together with the names, if known, and addresses, if known, of prior owners and holders thereof and including a brief description of such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. Such notice shall be published once at least three weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the council in its resolution declaring property abandoned and stated in the notice. D. Fund and claims thereon. All proceeds from such sale shall be paid into the general fund of the city and expenses thereof paid therefrom. The former owner, if he makes CD2: 15 § 2.70 EAGAN CODE claim within eight months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest. Such payment shall be also made from the general fund. Subd. 3. Disposal of excess property. A. Declaration of surplus and authorizing sale of property. The city administrator may, from time to time, recommend to the council that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose and should be sold. By action of the council, said property shall be declared surplus, the value estimated and the city administrator authorized to dispose of said property in the manner stated herein. B. Surplus property with a total estimated value of less than $100.00. The city admin- istrator may sell surplus property with a total value of less than $100.00 through negotiated sale. C. Surplus property with a total estimated value between $100.00 and $500.00. The city administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $100.00 to $500.00. Notice of such public sale shall be given stating time and place of sale and generally describing the property to be sold at least ten days prior to the date of sale either by publication once in the official newspaper, or by posting in a conspicuous place in the city hall at the city administrator's option. Such sale shall be by auction. D. Surplus property with a total estimated value over $500.00. The city administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $500.00. Notice of such public sale shall be given stating time and place of sale and generally describing property to be sold at least ten days prior to the date of sale by publication once in the official newspaper. Such sale shall be to the person submitting the highest bid. E. Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the general fund. Subd. 4. Persons who may not purchase; exception. A. No employee of the city who is a member of the administrative staff, department head, a member of the council, or an advisor serving the city in a professional capacity may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given. B. It is unlawful for any person to be a purchaser of property under this section if such purchase is prohibited by the terms of this section. (Code 1983, § 2.70, eff. 1-1-83) Cross references —Traffic regulations, ch. 8; abandoning a motor vehicle, § 10.50. State law reference —Abandoned motor vehicles, Minn. Stat. ch. 168B. CD2:16 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT Sec. 2.71. Personnel rules and regulations. § 2.72 The council may, by resolution, establish personnel rules setting forth the rights, duties and responsibilities of employees. Such rules may from time to time be amended. (Code 1983, § 2.71, eff. 1-1-83) Sec. 2.72. Franchises. Subd. 1. Definition. The term "franchise" as used in this section shall be construed to mean any special privileges granted to any person in, over, upon, or under any of the streets or public places of the city, whether such privilege has heretofore been granted by it or by the state or shall hereafter be granted by the city or by the state. Subd. 2. Franchise ordinances. The council may grant franchises by ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons desiring to make any burdensome use of the streets or public places inconsistent with the public's right in such places or desiring the privilege of placing in, over, upon, or under any street or public place any permanent or semipermanent fixtures for the purpose of constructing or operating railways, telegraphing, or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the city or its inhabitants or any portion thereof transportation facilities, water, light, heat, power, gas, or any other such utility, media distribution, or for any other purpose shall be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. Subd. 3. Power of regulation reserved. The city shall have the right and power to regulate and control the exercise by any person of any franchise, however acquired, and whether such franchise has been heretofore granted by it or by the state. Subd. 4. Conditions in every franchise. All conditions specified in this section shall be a part of every franchise even though they may not be expressly contained in the franchise: A. That the grantee shall be subject to and will perform on its part all the terms of this section and will comply with all pertinent provisions of any City Charter and City Code, as the same may from time to time be amended. B. That the grantee shall in no case claim or pretend to exercise any power to fix fares, rates, and charges; but that such fares, rates, and charges shall at all times be just, fair and reasonable for the services rendered and shall in all cases be fixed and from time to time changed, unless regulated by an agency of the state, in the manner following: 1. A reasonable rate shall be construed to be one which will, with efficient management, normally yield, above all operating expenses and depreciation, a fair return upon all money invested. 2. If possible, maximum rates and charges shall be arrived at by direct negotiation with the council. CD2:17 § 2.72 EAGAN CODE 3. If direct negotiations fail to produce agreement, the council shall, not less than 30 days before the expiration of any existing rate schedule or agreement, appoint an expert as its representative; the franchisee shall likewise appoint an expert as its representative and the two of them shall appoint a third person, preferably an expert, and the three of them shall constitute a board of arbitration. The board shall report its findings as soon as possible and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the parties. C. That the council shall have the right to require reasonable extensions of any public service system from time to time, and to make such rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommoda- tions for the public. D. That the grantee shall not issue any capital stock on account of the franchise or the value thereof, and that the grantee shall have no right to receive, upon condemnation proceedings brought by the city to acquire the public utility exercising such franchise, any return on account of the franchise or its value. E. That no sale or lease of said franchise shall be effective until the assignee or lessee shall have filed with the city an instrument, duly executed, reciting the facts of such sale or lease, accepting the terms of the franchise, and agreeing to perform all the conditions required of the grantee thereunder. F. That every grant in said franchise contained of permission for the erection of poles, masts, or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semipermanent fixtures whatsoever shall be subject to the conditions that the council shall have the power to require such alterations therein or relocation or rerouting thereof as the council may at any time deem necessary for the safety, health, or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts, and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used. G. Every franchise shall contain a provision granting the city the right to acquire the same in accordance with statute. H. That the franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased costs accruing as a result of utility operations or both, including, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the city. Subd. 5. Further provisions of franchises. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension thereof shall not be construed as impairing the right of the city to insert in any such franchise or renewal or CD2:18 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.75 extension thereof such other and further conditions and restrictions as the council may deem proper to protect the city's interests, nor shall anything contained in this section limit any right or power possessed by the city over existing franchises. (Code 1983, § 2.72, eff. 1-1-83) State law reference —Municipal franchises, Minn. Stat. §§ 300.03, 300.04. Sec. 2.73. Absentee ballot counting board. The council hereby authorizes an absentee ballot counting board and further authorizes the election judges of such board to receive, examine, and validate absentee ballots. The further duties of such board shall be those provided by statute. (Code 1983, § 2.73, eff. 1-1-83) Sec. 2.74. Special assessment policy. The council may, by resolution, adopt, from time to time amend, or repeal a special assessment policy. (Code 1983, § 2.74, eff. 1-1-83) Sec. 2.75. Deferment of special assessments. Subd. 1. The council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older or who is retired by virtue of permanent and total disability, and the city clerk -treasurer is hereby authorized to record the deferment of special assessments where the following conditions are met: A. The applicant must apply for the deferment not later than 90 days after the assessment is adopted by the council. B. The applicant must be 65 years of age or older or retired by virtue of permanent and total disability. C. The applicant must be the owner of the property. D. The applicant must occupy the property as his principal place of residence. E. The average annual payment for all assessments levied against the subject property exceeds one percent of the adjusted gross income of the applicant as evidenced by the applicant's most recent federal income tax return. The average annual payment of an assessment shall be the total cost of the assessment divided by the number of years over which it is spread. Subd. 2. The deferment shall be granted for as long a period of time as the hardship exists and the conditions as aforementioned have been met. However, it shall be the duty of the applicant to notify the city clerk -treasurer of any change in his status that would affect eligibility for deferment. Subd. 3. The entire amount of deferred special assessments shall be due within 60 days after loss of eligibility by the applicant. If the special assessment is not paid within 60 days, the city clerk -treasurer shall add thereto interest at eight percent per annum from the due CD2:19 § 2.75 EAGAN CODE date through December 21 of the following year, and the total amount of principal and interest shall be certified to the county auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the council may order that the applicant pay within 60 days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date, including principal and interest, with the balance thereafter paid according to the terms and conditions of the original special assessment. Subd. 4. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following: A. The death of the owner when there is no spouse who is eligible for deferment. B. The sale, transfer or subdivision of all or any part of the property. C. Loss of homestead status on the property. D. Determination by the council for any reason that there would be no hardship to require immediate or partial payment. (Code 1983, § 2.75, eff. 1-1-83) State law reference —Senior citizens or retired and disabled persons hardship special assessment deferral, Minn. Stat. § 435.193. Sec. 2.76. Partial prepayment of special assessments. Subd. 1. Scope. Partial prepayment of assessments in connection with any assessments adopted by the council and certified to the county auditor for collection may be made at any time. Subd. 2. Payment. The owner of any property so assessed may, within 30 days of adoption of the assessment roll by the council, prepay any or all of his assessment to the city. No interest will be charged on any portion of the assessment paid within said 30 days. The remaining unpaid balance of the assessment shall be spread at the same rate of interest and for the same term of years as the original assessment. (Code 1983, § 2.76, eff. 1-1-83) Sec. 2.77. Emergency preparedness plan. The council may, by resolution, adopt, from time to time amend, or repeal an emergency preparedness plan for the city. (Code 1983, § 2.77, eff. 1-1-83) Sec. 2.78. Building numbers. Subd. 1. Building numbers required. The owner or occupant of any building fronting upon any street or avenue shall place and maintain on the front thereof the proper building number assigned by the city. CD2:20 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.80 Subd. 2. Posting. The building number shall be conspicuously posted on the front of the building or on a building accessory so as to be readily identifiable for all purposes. Subd. 3. Specifications. The building number shall be clearly displayed, of a color in contrast with the color of the building to which it is attached, with minimum height of numbers at least three inches for residential structures, and six inches for multiple -dwelling and commercial structures. (Code 1983, § 2.78, eff. 1-1-83) Sec. 2.79. Community investment fund. Subd. 1. Fund created. There is hereby created a separate fund to be designated as the community investment fund. This fund shall be maintained in the official city records and administered by the finance director in accordance with the provisions of this section and city policy as determined by the council. The following shall be deposited in this fund: A. All surplus moneys in the consolidated debt service bond fund which remain after the costs of each improvement have been fully funded, and which are not transferred to another separate improvement fund. B. All collections of special assessments and taxes levied for the payment of the costs of an improvement which are received after the improvement costs have been fully funded. C. Investment earnings generated by the moneys in the community investment fund. D. Any other moneys appropriated by the council or donated for the purpose of the fund. Subd. 2. Purpose of fund. This fund shall be used solely to pay the capital costs and council designated start-up operational costs of projects of general benefit to the city. (Code 1983, § 2.79, eff. 1-1-83; Ord. No. 180, 2nd series, eff. 6-24-94) Sec. 2.80. Local lodging tax. Subd. 1. Purpose and definitions. A. Purpose. In order to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention center, it is in the best interest of the city to impose a local lodging tax in accordance with Minnesota Statutes. B. Definitions. The following terms, as used in this section, shall have the meanings stated: 1. Lodging means the furnishing for consideration of accommodations at a hotel, motel, roominghouse, tourist court, or resort, other than the renting or leasing of it for a continuous period of 30 days or more. 2. Operator means any person, corporation, partnership or association who provides lodging to others. CD2:21 § 2.80 EAGAN CODE Subd. 2. Imposition of tax. All operators shall impose and collect a tax of three percent on the gross receipts from the furnishing of lodging at the time the lodging fee is paid. The amount of tax shall be separately stated from the lodging charges. The lodging operator shall hold in trust for the city all taxes collected hereunder. Subd. 3. Payment and returns. The operator shall remit to the city all taxes collected hereunder not later than 25 days after the end of the month in which the taxes were collected. The operator may offset against the taxes payable and due with respect to any reporting period the amount of taxes imposed by this section previously paid hereunder as a result of any transaction, the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. At the time the taxes are remitted to the city, the operator shall file with the city a tax return on a form furnished by the city containing the following information and such other information as the city may require: A. The gross receipts from furnishing lodging during the period covered by the return. B. The amount of tax imposed and collected as required hereunder for the return period. C. The signature of the person filing the return or that of his agent duly authorized in writing. D. The period covered by the return. E. The amount of uncollectible lodging receipts subject to the lodging tax. Subd. 4. Examination of return, adjustments, notices and demands. After a return is filed, the city shall examine it and may make any investigation or examination of the records and accounts of the operator making the return as deemed necessary for determining its correctness. The operator shall provide to the city for inspection and examination its records and accounts within 15 days of the city's request. If, after any investigation or examination hereunder, it is determined that the tax due is greater than that paid, such excess shall be paid to the city within ten days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return; if the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the city within ten days after determination of such refund. Whenever any tax due has a ten -percent or more discrepancy, the operator shall reimburse the city for any costs incurred by the city in reviewing the operator's return. Subd. 5. Refunds. Any operator may apply to the city for a refund of taxes paid in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The city may deny or allow the claim, in whole or in part, and shall issue and file written findings of such decision. The city shall notify the operator at the address stated upon the refund claim application by registered mail of its decision on the claim. If such claim is allowed, in whole or in part, the city shall credit the amount of the refund against any taxes due and owing hereunder by the operator, and any balance of the refund shall be promptly paid by the city to the operator. CD2:22 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.80 Subd. 6. Failure to file a return. Any operator, who fails to file a return as required hereunder or files an incorrect, false, or fraudulent return, shall, upon written notice and demand by the city, file such return or corrected return, together with any tax due, within 30 days of receipt of such written notice. Whenever any person fails to file the appropriate return under this provision and the tax due after such notice and demand, the city may determine the appropriate tax from such knowledge and information as the city is able to obtain and assess such tax accordingly. Any tax determined to be due and owing under this provision shall be paid by the operator within five days of the receipt of written notice and demand for such payment. Any assessment made by the city hereunder shall be prima facie correct and valid, and the operator shall have the burden of establishing the incorrectness or invalidity of such assessment in any action or proceedings in respect thereto. Subd. 7. Failure to remit tax payment. If any portion of a tax required hereunder, including penalties thereon, is not paid within 30 days after it is required to be paid, the city may certify the tax as a lien against the real property on which the lodging establishment is located, and the city attorney may institute such legal action as may be necessary to recover the amount due, plus any interest, penalties, costs, disbursements and all attorney's fees, as a result of such action. Subd. 8. Extension for filing or payment. Upon a showing of good cause, the city may grant an operator a 30-day extension period within which to file a return or make payment of taxes as required under this section, provided that interest shall accrue during such extension period at the rate of eight percent per annum. Subd. 9. Penalties. If any tax required under this section is not paid within the time herein specified or within the approved extension period thereof, the operator shall pay a penalty equal to ten percent of the amount remaining unpaid, in addition to the tax due and owing. Subd. 10. Interest. Any tax required under this section not paid within the 25 days after the end of the month in which the taxes were collected, together with any penalty provided herein, shall bear interest at the rate of eight percent per annum to begin accrual at the time such tax was required to be paid. Any interest and penalty shall be added to the tax and shall be collected as part thereof. Subd. 11. Violations. It is unlawful for any operator to fail to comply with any provision of this section, or make any false or fraudulent return. Subd. 12. Use of proceeds. Ninety-five percent of the gross proceeds from the collection of taxes pursuant to this section shall be used to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention center. Subd. 13. Appeals. Any operator who is aggrieved by any notice, order or determination made by the city under this section may file a petition for administrative review of such notice, order or determination detailing the operator's reasons for contesting the order, notice or determination. The petition shall contain the name of the operator, the operator's address and the location of the lodging establishment subject to the order, notice or determination. The CD2:23 § 2.80 EAGAN CODE petition for review shall be filed with the city clerk within 30 days after the notice, order or determination has been served upon the operator. Upon receipt of the petition, the city administrator or the administrator's designees shall set a date for a hearing and give the operator at least 14 days' prior written notice of the date, time and place of the hearing. At the hearing, the operator has the burden to prove that the notice, order or determination is in error. The operator may be represented by counsel of the operator's choosing at the operator's own expense. The hearing shall be conducted by the city administrator or administrator's designee, provided only that the person conducting the hearing shall not have participated in the drafting of the notice, order or determination for which review is sought. The notice, order or determination made by the city may be affirmed, reversed or modified. Any decision rendered by the city administrator pursuant to this subdivision shall be supported by written findings of fact and conclusions based upon the applicable provisions of this section and the evidence presented. The operator shall have the right to appeal to the council, upon filing a written notice of appeal with the city clerk within ten days after the administrator's decision has been served upon the operator. The matter will thereupon be placed on the council agenda as soon as is practical, and the operator shall be given 14 days' notice of council hearing. The council standard of review of the administrator's decision shall be on the record, and the operator shall have the burden to prove the city's notice, order or determination is in error. The council may modify, reverse or affirm the decision of the city administrator. (Code 1983, § 2.80, eff. 1-1-83; Ord. No. 168, 2nd series, eff. 7-15-93) Codifier's note —The right to administrative appeals provision contained in this chapter shall not apply to this subdivision. State law reference —Local lodging tax, Minn. Stat. § 469.190. Secs. 2.81-2.98. Reserved. Sec. 2.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter, when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 2.99, eff. 1-1-83) CD2:24 • • Municipal and Public Utilities 3 • • • • • • Chapter 3 MUNICIPAL AND PUBLIC UTILITIES —RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS* Sec. 3.01. Definitions. Sec. 3.02. Fixing rates and charges for municipal utilities. Sec. 3.03. Fixing rates and charges for public utilities. Sec. 3.04. Contractual contents. Sec. 3.05. Rules and regulations relating to municipal utilities. Sec. 3.06. Water connection and availability charge. Sec. 3.07. Stormwater drainage connection and availability charge. Sec. 3.08. Sanitary sewer connection and availability charge. Secs. 3.09-3.19. Reserved. Sec. 3.20. Rules and regulations relating to water service. Secs. 3.21-3.39. Reserved. Sec. 3.40. Rules and regulations relating to sewer service. Secs. 3.41-3.59. Reserved. Sec. 3.60. Street lighting system. Secs. 3.61-3.98. Reserved. Sec. 3.99. Violation a misdemeanor. *Cross references —Administration and general government, ch. 2; public works depart- ment, § 2.34; storage, deposit and disposal of refuse, § 10.01; toilet installation, § 10.02; maintenance of individual sewerage systems, § 10.03; public utility service for land use regulations, § 11.10, subd. 8; municipal utilities for residential development, § 11.10, subd. 23. State law references —Municipal utilities, Minn. Stat. § 412.321 et seq.; local improve- ments, special assessments, Minn. Stat. § 429.011 et seq. CD3:1 • • • MUNICIPAL AND PUBLIC UTILITIES § 3.03 Sec. 3.01. Definitions. As used in this chapter, the following words and terms shall have the meanings stated: Company, grantee, and franchisee mean any public utility system to which a franchise has been granted by the city. Consumer and customer mean any user of a utility. Municipal utility means any city -owned utility system, including, but not by way of limitation, water, sewerage, and streetlights. Service means providing a particular utility to a customer or consumer. Utility means all utility services, whether the same be public city -owned facilities or furnished by public utility companies. (Code 1983, § 3.01, eff. 1-1-83) Sec. 3.02. Fixing rates and charges for municipal utilities. All rates and charges for municipal utilities, including, but not by way of limitation, rates for service, permit fees, deposit, connection and meter testing fees, disconnection fees, reconnection fees including penalties for nonpayment if any, shall be fixed, determined and amended by the council and adopted by resolution. Such resolution, containing the effective date thereof, shall be kept on file and open to inspection in the office of the city clerk -treasurer and shall be uniformly enforced. (Code 1983, § 3.02, eff. 1-1-83) Cross reference —See sections 3.06, 3.07 and 3.08 relating to water, stormwater drainage, and sanitary sewer connection and availability charges. Sec. 3.03. Fixing rates and charges for public utilities. All rates and charges for public utility franchisees, not regulated by an agency of the state, shall be fixed and determined by the council and adopted by ordinance. Such ordinances shall be listed and referred to in chapter 25 of the City Code. Public utility company rates and charges may be fixed and determined by the respective franchisees in compliance with this section, as follows: Subd. 1. No rate or charge involving an increase thereof shall become effective until approved by the council. To request such increase the franchisee shall prepare its written petition setting forth the then -current and proposed rates and charges, the effective date of the proposed increases, which may not be within 90 days of filing the petition, and the reason or reasons necessitating the proposed increase or increases. Such petition shall be filed with the council by serving the same on the city administrator in person or by certified mail, return receipt requested. Subd. 2. Within 30 days of such filing the council shall adopt a resolution and serve the same upon the resident superintendent of the franchisee in like manner as the petition may be served either approving the proposed increases or ordering a hearing thereon to be held CD3:3 § 3.03 EAGAN CODE within 60 days thereof. If no such action is taken by the council, such increase or increases shall take effect on the date stated in the franchisee's petition as though approved by the council. Subd. 3. Prior to the hearing date, the franchisee shall, without delay, comply with the city's reasonable requests for examination and copying of all books, records, documents and other information relating to the subject matter of the petition. Should the franchisee unreasonably delay, fail or refuse such requests, the same shall be grounds for a continuance of the hearing date. Subd. 4. Notice of hearing shall be in the form and manner stated in the resolution. At the hearing all persons wishing to be heard thereon shall be afforded a reasonable opportunity. Findings and a decision shall be made by the council within 15 days after the hearing and served upon the franchisee. (Code 1983, § 3.03, eff. 1-1-83) Sec. 3.04. Contractual contents. Provisions of this chapter relating to municipal utilities shall constitute portions of the contract between the city and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. All contracts between franchisees and consumers of utility services other than municipal shall be in strict accord with the provisions of this chapter. (Code 1983, § 3.04, eff. 1-1-83) Sec. 3.05. Rules and regulations relating to municipal utilities. Subd. 1. Billing, payment and delinquency. All municipal utilities shall be billed monthly or quarterly and a utilities statement or statements shall be mailed to each consumer. All utilities charges shall be deemed delinquent if they are unpaid at the close of business on the due date shown on the billing. Interest shall be charged at the rate of 1.5 percent per month on all delinquent balances. Interest charges shall be added to and become part of the delinquent balances. Subd. 2. Application, connection and sale of service. Application for municipal utility services shall be made upon forms supplied by the city, and strictly in accordance therewith. No connection shall be made until consent has been received from the city to make the same and all fees, charges and assessments required by this chapter have been paid in full. All municipal utilities shall be sold and delivered to consumers under the then -applicable rate applied to the amount of such utilities taken as metered or ascertained in connection with such rates. Subd. 3. Discontinuance of service. All municipal utilities may be shut off or discontinued, any time between any Monday at 9:00 a.m. and the following Friday at 9:00 a.m., whenever it is found that: A. The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of the City Code relative thereto, or any connection therewith; or CD3:4 • • • • • MUNICIPAL AND PUBLIC UTILITIES § 3.05 B. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor. Subd. 4. Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances thereto, except such as are owned and operated by the Metropolitan Waste Water Control Commission, shall be and remain in the city, and no person shall own any part or portion thereof. Provided, however, that private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership. Subd. 5. Right of entry. The city has the right to enter in and upon private property, including buildings and dwelling houses, in or upon which is installed a municipal utility or connection therewith, at all times reasonable under the circumstances, for the purpose of reading utility meters, for the purpose of inspection and repair of meters or a utility system or any part thereof, and for the purpose of connecting and disconnecting service. Subd. 6. Meter test. Whenever a consumer shall request the city to test any utility meter in use by him, such a request shall be accompanied by a cash deposit for each meter to be tested. If any such meter is found to be inaccurate, the same shall be replaced with an accurate meter and the deposit thereon refunded. If the meter shall be found to be accurate in its recordings or calculations, it shall be reinstalled, and the deposit shall be retained by the city to defray the cost of such test. Subd. 7. Unlawful acts. A. It is unlawful for any person to willfully or carelessly break, injure, mar, deface, disturb, or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility. B. It is unlawful for any person to make any connection with, opening into, use, or alter in any way any municipal utility system without first having applied for and received written permission to do so from the city. C. It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the city for any reason, without first having obtained a permit to do so from the city. D. It is unlawful for any person to "jumper" or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge. Subd. 8. Municipal utility services and charges a lien. A. Payment for all municipal utility, as that term is defined in City Code, section 3.01, service and charges shall be the primary responsibility of the owner of the premises served and shall be billed to him unless otherwise contracted for and authorized in CD3:5 § 3.05 EAGAN CODE writing by the owner and the tenant, as agent for the owner, and consented to by the city. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this subdivision. B. Any delinquent account balance shall be taxed against the premises served. All such accounts which are more than 45 days past due may, when authorized by resolution of the council, be certified to the city clerk who shall prepare an assessment of the delinquent accounts against the property served. To each account there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by council resolution. This assessment roll shall be delivered to the council for adoption. Such action shall not be the exclusive remedy for the city, but may be in addition to any legal or other action by the city to collect on the delinquent balance(s). (Code 1983, § 3.05, eff. 1-1-83; Ord. No. 8, 2nd series, eff. 4-27-84; Ord. No. 30, 2nd series, eff. 6-6-86; Ord. No. 193, 2nd series, eff. 1-12-95) Sec. 3.06. Water connection and availability charge. Subd. 1. Purpose of funds derived and allocation of revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the water utility as established by the city. All revenues derived from the fee shall be credited to the appropriate water fund. Subd. 2. Water utility fee. A water utility fee for connection and availability of the water facilities shall be determined by resolution of the council and shall be just and equitable. A charge for the connection and availability of water service may be imposed for all premises abutting on streets or other places where municipal water service is located, whether or not connected to it. A charge for the availability and connection to the water service may, in the discretion of the council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. Subd. 3. Adjustments. The council may adopt, by resolution, policies and standards for the adjustment of the fee for parcels. Such adjustments shall not be made retroactively. Subd. 4. Exemptions. Public rights -of -way are exempt from the fee. Subd. 5. Billings. Bills for charges for the fee shall be made by the finance department. All bills shall be payable at the office of the finance director. Subd. 6. Recalculation of fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the director of public works a written request for the recomputation. Subd. 7. Collections. All fees are due on the due date specified by the city for the respective account and shall be delinquent 15 days thereafter. It is the duty of the city to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory CD3:6 • • • • MUNICIPAL AND PUBLIC UTILITIES § 3.07 arrangements for payments have not been made, all such delinquent accounts shall be certified to the city clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by council resolution. This assessment roll shall be delivered to the council for adoption. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. (Code 1983, § 3.06, eff. 1-1-83; Ord. No. 90, 2nd series, eff. 10-27-89; Ord. No. 194, 2nd series, eff. 1-12-95) Sec. 3.07. Stormwater drainage connection and availability charge. Subd. 1. Stormwater drainage utility. A stormwater drainage utility for the city is hereby established. The municipal storm sewer system shall be operated as a public utility pursuant to Minn. Stat. § 444.075, from which revenue will be derived subject to the provisions of this chapter and to Minnesota Statutes. The stormwater drainage utility will be a part of the public works department and under the administration of the director of public works. Subd. 2. Purpose of funds derived and allocation of revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the storm sewer utility as established by the city. All revenues derived from the fee shall be credited to the appropriate storm sewer fund. Subd. 3. Storm sewer utility fee. A. A storm sewer utility fee for connection and availability of the storm sewer facilities shall be determined by resolution of the council and shall be just and equitable. A charge for the connection and availability of storm sewer service may be imposed for all premises abutting on streets or other places where municipal storm sewers are located, whether or not connected to them. A charge for the availability and connection to the storm sewer service may, in the discretion of the council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. B. A storm sewer utility fee for use of the storm sewer facilities shall be determined by resolution of the council and shall be just and equitable. Charges made for the use of the facilities may be fixed on the basis of water consumed, or by reference to a reasonable classification of the types of premises to which the service is furnished, or by reference to the quantity, pollution qualities and difficulty of disposal of the water, or in any other equitable basis including, but without limitation, any combination of those referred to above. Subd. 4. Adjustments. The council may adopt, by resolution, policies and standards for the adjustment of the fee for parcels. Such adjustments shall not be made retroactively. Subd: 5. Exemptions. A. Public rights -of -way are exempt from the fees established in subdivision 3, above. CD3:7 § 3.07 EAGAN CODE B. Vacant, unimproved land with ground cover and city -owned land are exempt from the fees established in subdivision 3, subparagraph B, above. Subd. 6. Billings. Bills for charges for the fee shall be made by the finance department. All bills shall be payable at the office of the finance director. Subd. 7. Recalculation of fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the director of public works a written request for the recomputation. Subd. 8. Collections. All fees are due on the due date specified by the city for the respective account and shall be delinquent 15 days thereafter. It is the duty of the city to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the city clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by council resolution. This assessment roll shall be delivered to the council for adoption. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. (Ord. No. 101, 2nd series, eff. 5-25-90; Ord. No. 195, 2nd series, eff. 1-12-95) Sec. 3.08. Sanitary sewer connection and availability charge. Subd. 1. Purpose of funds derived and allocation of revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the sanitary sewer utility as established by the city. All revenues derived from the fee shall be credited to the appropriate sanitary sewer fund. Subd. 2. Sanitary sewer utility fee. A sanitary sewer utility fee for connection and availability of the sanitary sewer facilities shall be determined by resolution of the council and shall be just and equitable. A charge for the connection and availability of sanitary sewer service may be imposed for all premises abutting on streets or other places where municipal sanitary sewers are located, whether or not connected to them. A charge for the availability and connection to the sanitary sewer service may, in the discretion of the council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. Subd. 3. Adjustments. The council may adopt, by resolution, policies and standards for the adjustment of the fee for parcels. Such adjustments shall not be made retroactively. Subd. 4. Exemptions. Public rights -of -way are exempt from the fee. Subd. 5. Billings. Bills for charges for the fee shall be made by the finance department. All bills shall be payable at the office of the finance director. CD3:8 • • • • • MUNICIPAL AND PUBLIC UTILITIES § 3.20 Subd. 6. Recalculation of fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the director of public works a written request for the recomputation. Subd. 7. Collections. All fees are due on the due date specified by the city for the respective account and shall be delinquent 15 days thereafter. It is the duty of the city to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the city clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by council resolution. This assessment roll shall be delivered to the council for adoption. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. (Ord. No. 92, 2nd series, eff. 10-27-89; Ord. No. 196, 2nd series, eff. 1-12-95) Secs. 3.09-3.19. Reserved. Sec. 3.20. Rules and regulations relating to water service. Subd. 1. Deficiency of water and shutting off water. The city is not liable for any deficiency or failure in the supply of water to customers, whether occasioned by shutting the water off for the purpose of making repairs or connections or by any other cause whatever. In case of fire or alarm of fire, water may be shut off to insure a supply for firefighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as may be necessary. Subd. 2. Repair of leaks. It is the responsibility of the consumer or owner to maintain the service pipe from the curbstop into the house or other building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his service pipe within 24 hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately. Subd. 3. Abandoned services penalties. All service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be disconnected at the main. The owner of the premises served by this service, shall pay the cost of the excavation. The city shall perform the actual disconnection, and all pipe and appurtenances removed from the street right-of-way shall become the property of the city. When new buildings are erected on the site of old ones and it is desired to increase the old water service, a new permit shall be taken out, and the regular tapping charge shall be made as if this were a new service. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense CD3:9 § 3.20 EAGAN CODE in improperly removing such pipe from the main. Also, such improper disposition thereof shall be corrected by the city, and the cost incurred shall be borne by the person causing or allowing such work to be performed. Subd. 4. Service pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curbstop and the building shall be the responsibility of the owner. Service pipes must extend from the curbstops to the inside of the building, or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing and at the property or public utility easement line flush with the finished grade or surface elevation and fully accessible and operable by city authorized personnel. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to 70 feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be three - fourths inch in diameter. Subd. 5. Private water supplies. No water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply, and when such are found, the city shall notify the owner or occupant to disconnect the same and, if not immediately done, the city water shall be turned off Before any new connections to the city system are permitted, the city shall ascertain that no cross connections will exist when the new connection is made. When a building is connected to "city water" the private water supply may be used only for such purposes as the city may allow. Subd. 6. Restricted hours for sprinkling. Whenever the city shall determine that a shortage of water threatens the city, it may limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning, and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of such determination after public announce- ment thereof has been made through the news media specifically indicating the restrictions thereof. Subd. 7. Private fire hose connections. Owners of structures with self-contained fire protection systems may apply for and obtain permission to connect the street mains with hydrants, large pipes, and hose couplings, for use in case of fire only, at their own installation expense and at such rates as the council may adopt by resolution as herein provided. Subd. 8. Water hydrant use. A. Opening hydrants. It is unlawful for any person, other than members of the fire department or other person duly authorized by the city, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the same or in any manner interfere therewith, without first obtaining a permit therefor from the city. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any CD3:10 • • • • • MUNICIPAL AND PUBLIC UTILITIES § 3.20 other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use. A separate permit shall be required, in addition to all required fees and deposits, for each separate water hydrant to be used. B. Permit application and fee. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The application shall include, but not be limited to, the name and address of the applicant and the person signing the application, the location of the proposed water hydrant to be used and the reason for the applicant's connection to or use of the water hydrant. The fee for a permit hereunder shall be established by the council, by resolution, from time to time. C. Conditions of issuance of permit. No permit shall be issued unless the following conditions are met: 1. The connection and use of the public water hydrant is solely for temporary water supply where a public water connection is not otherwise available for building construction, dust control, turf irrigation and other related needs. 2. The permit fee, the hydrant damage deposit and the meter damage deposit is submitted with the application. D. Permit conditions and restrictions. A permit issued hereunder shall be subject to the following standards, and any violation thereof shall constitute grounds for revocation of the permit: 1. The permit shall be in the possession of the water hydrant user pursuant to the permit while the water hydrant is in use. 2. The permit holder shall take all necessary actions to prevent the water meter or other city equipment from being damaged, stolen or operated by unauthorized persons. 3. The permit holder shall pay all water use charges no later than the due date specified by the city for its specific account. 4. The water hydrant shall not be used for any purpose other than that for which the permit was issued. 5. The permit holder shall not use any hydrant other than the hydrant for which the permit was specifically issued. 6. No water hydrant shall be used except with the use of a city -issued water meter properly installed. E. Deposits and use charges. An applicant for a permit hereunder shall make a hydrant damage deposit and a meter damage deposit, the amounts of which shall be established by the council, by resolution, from time to time. The deposits shall be returned to the applicant only after compliance with the following conditions: 1. The meter and other equipment provided to the applicant has been returned to the city undamaged and in proper working order. The deposit shall be forfeited in an amount equal to the costs incurred by the city to repair or replace the damaged CD3:11 § 3.20 EAGAN CODE meter or other equipment. For every day after the expiration of the permit that the meter or other equipment provided by the city is not returned to the city, the deposit shall be forfeited at the rate of 20 percent per day. 2. Payment of all delinquent or unpaid water use charges accumulated to the date of the termination of the temporary water usage from the water hydrant. 3. The water hydrant is undamaged and in proper working order. The deposit shall be forfeited to the extent equal to the costs incurred by the city to repair or replace the damaged water hydrant. F. Water emergency restrictions. The city shall have the right to cancel a permit issued hereunder without prior notice when a water emergency within the city requires such action. G. All water use charges shall be charged against the permit holder and the owner and property for which the water is sought. The permit holder shall be required to pay the use charges at a rate established by the council, by resolution from time to time. Subd. 9. Unmetered service. Unmetered service may be provided in accordance with a duly adopted and uniformly enforced policy. Subd. 10. Water meters. All water meters shall be purchased from the city and installed and maintained by the property owner. All new water meter installations and replacements shall be installed with an outside remote reader which shall be purchased, installed and maintained by the property owner. All water meters shall remain under the control and shall also remain the property of the city. All required repairs to faulty water meters and/or outside remote readers shall be performed by the city, with the exception that whenever a meter or outside remote reader has been damaged due to negligence on the part of the user, all costs associated with the removal, repair and installation of a new meter shall be the responsibility of the user. Subd. 11. Code requirement. All piping, connections and appurtenances shall be installed and performed strictly in accordance with the state plumbing code. Failure to install or maintain the same in accordance therewith or failure to have or permit required inspections shall, upon discovery by the city, be an additional ground for termination of water service to any consumer. Subd. 12. Additional rules and regulations. The council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the city administrator, and uniformly enforced. (Code 1983, § 3.20, eff. 1-1-83; Ord. No. 8, 2nd series, eff. 4-27-84; Ord. No. 219, 2nd series, eff. 5-2-96) Secs. 3.21-3.39. Reserved. CD3:12 • • • • • MUNICIPAL AND PUBLIC UTILITIES § 3.40 Sec. 3.40. Rules and regulations relating to sewer service. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Sewage means water -carried waste products from residences, public buildings, institutions or other buildings or premises, including the excrement or other dis- charge from the bodies of human beings or animals, together with such groundwater infiltration and surface water as may be present. B. Industrial waste means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade or business, or from development of any natural resources. C. Sewer system includes all street lateral, main and intersecting sewers and structures by which sewage or industrial wastes are collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a building or premises served, or service sewers from a building to the street lateral. D. Sewerage service means the use of and benefit from the sewer system, including the collection, transportation, pumping, treatment and final disposal of sewage. Subd. 2. Metered water not discharged. If a portion of the water furnished to any premises is not directly or indirectly discharged into the sewer system, the quantity of such water shall be deducted in computing the sewerage service charge or rental, provided a separate meter shall be installed and operated to register the quantity not so discharged into the sewer system. Provided also, that where it is not practicable to meter the portion of the water not discharged into the sewer system, such adjustment may be made as shall be fair and equitable in order to determine the amount of such service charge or rental; but until such adjustment shall be effected that water consumption basis hereinbefore prescribed shall remain in full force and effect. Subd. 3. Classification of industrial wastes. The city shall have the power to classify the industrial wastes from any lot, parcel of land, building or premises discharged therefrom into the sewer system of the city, taking into consideration the quantity of sewage produced and its concentration, strength of river pollution qualities in general and of any other factors entering into the cost of its disposal, for the purpose of fixing and prescribing a distinct rate of rental or use charge, should it be found that as to such sewer uses the water basis consumption does not provide a practicable method in the premises, but until so determined and such distinct rate fixed, the water consumption basis hereinbefore prescribed shall remain in full force and effect as to such commercial or industrial users. Subd. 4. Deleterious substances. No sewage, including industrial wastes, shall contain any substance which is deemed deleterious by the city to the operation of the sewer system or to any plant or facilities used in the treatment or disposal of such sewage. If a user of the sewer system discharges excessive loads or any deleterious substances therein which are likely to retard or injuriously affect sewerage operations, he shall discontinue such practice, and such CD3:13 § 3.40 EAGAN CODE practice is hereby declared to be a violation of this section. Each day of such violation continuing after the violator having been notified in writing by the city administrator to discontinue such practice shall be deemed a separate violation. Subd. 5. Unlawful discharge. It is unlawful to discharge any of the following described wastes into the sewer system: A. Liquids having a temperature higher than 150 degrees Fahrenheit. B. Water or waste which contains more than 100 ppm by weight of fat, oil or grease. C. Gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas. D. Garbage, except such as has been properly shredded. E. Ashes, cinders, shavings, feathers, tar or other liquid or viscous substance capable of causing obstruction to the flow in the sewer system or other interference with the proper operation of the system. F. Noxious or malodorous substances capable of creating a public nuisance. G. Roof water, groundwater, or any other natural precipitation. Subd. 6. Unmetered water supply. If any premises discharges normal sewage or industrial waste into the sanitary sewer system, either directly or indirectly, obtains part or all of the water used thereon from sources other than the city, and the water so obtained is not measured by a meter of equivalent specifications to the meters used by the city, then in such case the city shall permit the discharge of normal sewage or industrial waste into its sanitary sewer system only when the owner of such premises or some other interested person shall at his own expense installs and maintains for the purpose of metering such water supply a water meter of equivalent specifications to those installed by the city in connection with the city water system. Each water meter shall be installed to measure all water received on such premises, and the above charges and rates shall be applied to the quantity of water received as measured by such meter. If, because of the nature of the source of the water supply, the city deems it impracticable to thus meter the water on any premises, the council may by resolution establish a flat charge per month in accordance with the estimated use of water on such premises. Subd. 7. Size, kind and depth of pipe. The city may prescribe the size, kind and depth of sewerage service pipe and connections. The minimum size, when placed underground, shall be four inches in diameter. Subd. 8. Additional rules and regulations. The council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the city administrator, and uniformly enforced. Subd. 9. Connections. It is unlawful for any person to uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. All costs and expenses associated with the installation CD3:14 • • • • • MUNICIPAL AND PUBLIC UTILITIES § 3.98 and connection to a sewer system shall be the responsibility of the property owner benefiting from the installation and connection. The property owner shall indemnify and hold harmless the city from any loss, claim, damage and/or expense that may, directly or indirectly, be occasioned by the installation and/or connection of a sewer service line. All connections to the city sewer system shall be inspected by city authorized personnel. All excavations necessary for the installation and/or inspection of sewer service shall be safely and adequately stabilized and protected with necessary barriers so as to protect the public from any potential hazard. All restoration associated with the installation of this sewer connection shall be the responsibility of the benefited user and shall be performed to the specifications of the city. (Code 1983, § 3.40, eff. 1-1-83) Secs. 3.41-3.59. Reserved. Sec. 3.60. Street lighting system. Subd. 1. Purpose. The council has determined that it is in the best interest of the residents of the city to install street lighting systems throughout the city. It is the council's intent to install a network of streetlights throughout the city to promote the general health, safety and welfare of the citizens. Subd. 2. Location. The council, upon a petition by a developer or a petition of at least 50 percent of the property owners in any subdivision or upon its own initiative, shall determine the streets, parks, or other public and private areas on which the city shall install and operate street lighting systems. Subd. 3. Costs. A. Installation costs. The city may pay such portion of the costs of installation of the street lighting systems as the council may determine from general ad valorem tax levies or from other revenues or funds of the city available for that purpose. In the event the council elects not to pay all of the installation costs, the remaining unpaid portion shall be assessed against the benefited property owners as a public improve- ment following a public hearing and in full accordance with the provisions of Minn. Stat. ch. 429. B. Operating costs. The city clerk shall keep a record of the costs of operation of the street lighting system, including clerical, administrative and incidental costs, and apportion such costs to each lot and parcel of property benefited by the street lighting system, whether or not the property abuts the street or other public or private area in which the system is located. Subd. 4. Procedure. The manner of procedure and assessment, after receipt of a petition, shall be strictly in accordance with Minnesota Statutes. (Code 1983, § 3.60, eff. 1-1-83) Secs. 3.61-3.98. Reserved. CD3:15 § 3.99 EAGAN CODE Sec. 3.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 3.99, eff. 1-1-83) CD3:16 • • 4 Construction Licensing, Permits and Regulation 6 • • • • • • Chapter 4 CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS* Sec. 4.01. Building code adopted. Sec. 4.02. Permit fees. Sec. 4.03. Building permits required. Secs. 4.04-4.09. Reserved. Sec. 4.10. Permits and special requirements for moving buildings. Secs. 4.11-4.19. Reserved. Sec. 4.20. Placement, erection maintenance of signs. Sec. 4.21. Reserved. Secs. 4.22-4.29. Reserved. Sec. 4.30. Excavations and fills. Secs. 4.31-4.39. Reserved. Sec. 4.40. Construction and maintenance of trailer coach parks. Secs. 4.41-4.49. Reserved. Sec. 4.50. Placement, erection and maintenance of wind energy conversion systems and radio or TV towers. Secs. 4.51-4.59. Reserved. Sec. 4.60. Construction headquarters and material storage areas. Secs. 4.61-4.69. Reserved. Sec. 4.70. Outdoor swimming pools. Secs. 4.71-4.98. Reserved. Sec. 4.99. Violation a misdemeanor. *Cross references —Protective inspections department, § 2.35; beer, wine and liquor licensing, ch. 5; other business regulation and licensing, ch. 6; land use regulations, ch. 11; building permit and certificate of occupancy, § 11.10, subd. 11; subdivision regulations, ch. 13. CD4:1 • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION Sec. 4.01. Building code adopted. § 4.02 The Minnesota State Building Code (SBC), including the following chapters of Minnesota Rules: A. 1300 Minnesota Building Code; B. 1301 Building Official Certification; C. 1302 State Building Construction Approvals; D. 1305 Adoption of the 1994 Uniform Building Code including Appendix Chapters: 1. 3, Division I, Detention and Correctional Facilities; 2. 12, Division II, Sound Transmission Control; 3. 29, Minimum Plumbing Fixtures; E. 1307 Elevators and Related Devices; F. 1315 Adoption of the 1993 National Electrical Code; G. 1325 Solar Energy Systems; H. 1330 Fallout Shelters; I. 1335 Floodproofing Regulations; J. 1340 Facilities for the Handicapped; K. 1346 Adoption of the 1991 Uniform Mechanical Code; L. 1350 Manufactured Homes; M. 1360 Prefabricated Buildings; N. 1365 Snow Loads; O. 1370 Storm Shelters; P. 4715 Minnesota Plumbing Code; Q. 7670 Minnesota Energy Code; also, 6 MCAR, sec. 4.8040—Individual Sewage Treatment Standards by the Minnesota Pollution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said code shall be marked CITY OF EAGAN—OFFICIAL COPY and kept on file in the protective inspections department and open to inspection and use by the public. (Code 1983, * 4.01, eff. 1-1-83; Ord. No. 111, 2nd series, eff. 2-15-91; Ord. No. 201, 2nd series, eff. 4-27-95) Sec. 4.02. Permit fees. Fees for permits under this chapter, which may include a surcharge, shall be determined by the council and fixed by its resolution, a copy of which in office of the city clerk -treasurer and uniformly enforced. (Code 1983, § 4.02, eff. 1-1-83) CD4:3 § 4.03 EAGAN CODE Sec. 4.03. Building permits required. Subd. 1. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining a separate building or mechanical permit for each such building, structure or mechanical components from the city. A certificate of survey from a registered land surveyor is required for all new construction wherein land is to be occupied by a structure. The expansion of an existing structure does not require a certificate of survey so long as the expansion does not extend onto new property. Subd. 2. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the state. Permits for the installation, alteration or addition of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the state or to resident owners of property where the work is to be done. (Code 1983, § 4.03, eff. 1-1-83; Ord. No. 67, 2nd series, eff. 9-30-88; Ord. No. 75, 2nd series, eff. 1-20-89) Secs. 4.04-4.09. Reserved. Sec. 4.10. Permits and special requirements for moving buildings. Subd. 1. Definition. Street or streets, as used in this section, means all streets and highways in the city which are not state trunk highways, county state -aid highways, or county roads. Subd. 2. Moving permit required and application. A. It is unlawful for any person to move a building on any street without a moving permit from the city. B. The application for a moving permit shall state the approximate size and w4ight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and the name and address of the proposed mover. Such application shall also state any municipal utility, street, and public property repairs or alterations that will be required by reason of such movement. C. Permit and fee. The moving permit shall state date or dates of moving, hours, routing and movement. Permits shall be issued only for moving buildings by building movers licensed by the state. Fees to be charged shall be separate for each of the following: (1) a moving permit fee to cover use of streets and route approval, and (2) a fee equal to the anticipated amount required to compensate the city for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance. CD4:4 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.10 D. Exemption. This subdivision shall not apply to the state department of transporta- tion. Subd. 3. The building mover shall: A. Use designated streets. Move the building over those streets, only, which are designated for such use in the permit. B. Notify of revised moving time. Notify the protective inspections department in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the protective inspections department and notify the police department at least 24 hours prior to commencing movement of the building. C. Notify of damage. Notify the protective inspections department in writing of damage caused to property belonging to the city within 24 hours after the damage or injury has occurred. D. Display lights. Cause warning lights or signals to be displayed during all times on each side of the building, while situated on a public street, in such manner as to warn the public of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building. E. No parking. Not park the building on any city street at any time during the moving process. F. Comply with governing law. Comply with the building code, the provisions of the City Code and all other laws. G. Pay expense of officer. Pay to the city the expense of any traffic officer ordered by the city administrator to accompany the movement of the building to protect the public from injury. Subd. 4. Owner's permit required and application. A. It is unlawful for any owner of land in the city to or from which a building is to be moved to permit such movement without an owner's permit. B. Application. A person seeking issuance of an owner's permit shall file a written application with city. If no moving permit is required under this section, the application shall also include the address and legal description of the land on which the building is situated, and if within the city, to which it is proposed to be moved; the route, including identification of streets or roads over which it is to be moved; the distance; the proposed date of movement; and such other information as the city shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following: 1. Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full. CD4:5 § 4.10 EAGAN CODE 2. A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. 3. Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant. 4. A cash deposit from the owner of the lot from which the building is to be moved in the sum of $2,000.00 as an indemnity to ensure completion of the following work: (1) capping the well; (2) abandoning the sewer system as required by the city; and (3) filling all excavations to grade, removing all rubbish, and leaving the premises in a safe and sanitary condition. 5. A cash deposit or letter of credit, the amount of which shall be 75 percent of the estimated cost, as determined by the city, to bring the building so moved into the city into conformance with applicable building code requirements. 6. Payment of the permit fee. 7. If the building is to be located within the city after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land. 8. If the building is to be located within the city after its movement, photographs of (1) two or more views of the building to be moved; (2) the lot on which the building is to be located; and (3) the lands, and structures thereon, adjacent to the lot on which the building is to be located. C. Duties of the protective inspections department. Upon receipt of the application accompanied by the fee, deposit, statement and information required, the protective inspections department shall review the application and make such investigation as shall be deemed appropriate. The department shall also obtain the recommendation of the chief of police and city engineer with respect to the streets on which the building may be moved to assure the greatest degree of safety to persons and property and to minimize congestion. Upon completion of the review and investigation, the protective inspections department shall: 1. Deny the permit for moving a building to a location other than within the city, stating in writing one or more of the grounds stated in subdivision 13 of this section, or authorize issuance of a permit; or 2. In all other instances, make its report to the council. D. Council —Public hearing. 1. Where applicant requests the moving of a building to a location within the city, the council shall hold a public hearing on whether a permit shall be issued not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing, shall be given by publication and by mailing to the owners of real property situated within 350 feet of the land to which the building is to be moved at least ten days prior to the date CD4:6 • • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.10 of the hearing. Notice containing the same information shall be posted on the property to which the building is to be moved, not less than 30 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. 2. Not later than five days after conclusion of the hearing the council shall either deny the permit in writing, stating one or more of the grounds stated in subdivision 13 of this section, or authorize issuance of a permit. E. The owner shall: 1. Clear premises. Remove all rubbish and materials and fill all excavations to existing grades at the original building site, if within the city, so that the premises are left in a safe, neat and sanitary condition. All foundation structures shall be removed to a depth of 18 inches below the finished grade of the earth. 2. Remove service connections. Cause any sewer lines to be plugged, shut off, or removed if the original site is within the city, in such manner as may be required by the city. 3. Completion of remodeling. If the building is relocated in the city, complete, within 90 days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit issued in connection therewith. 4. Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been com- pleted, including but not limited to: (1) locking all doors and windows; (2) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and (3) erecting and maintaining a security fence or wall, the base of which shall be no higher than four inches, and the top of which shall be at least four feet above the surface of the ground and which shall enclose the entire building as well as the excavation for the foundation. Subd. 5. Liability to city. A. Holders of permits liable for amounts exceeding deposit. The holder or holders of a permit shall be liable jointly and severally for any expenses, damages, or costs paid or incurred by the city as a result of the issuance of a permit or the taking or failure to take any action required of the holder or holders of the permit or the city hereunder. B. Retention of cash deposit. The city may take or cause to be taken any of the following actions and may retain so much of the cash deposit necessary to reimburse itself for any costs or expenses incurred as a result thereof: 1. If the city in its sole discretion determines that the premises from which or to which the building is to be moved, if within the city, or the movement of the building on streets is unsafe or constitutes any other unsafe condition, the city in CD4:7 § 4.10 EAGAN CODE its sole discretion may, but shall not be required to, take or cause such action to be taken to eliminate such unsafe condition or conditions as it shall deem appropriate. 2. If the premises from which the building has been removed are within the city and such premises are left in an unsafe or unsanitary condition or the provisions of this section with respect to such premises have not been complied with, the city may, but shall not be required, in its sole discretion, to take or cause such action to be taken to remedy such unsafe or unsanitary condition and to place the premises in such condition as to be in compliance with this section. Subd. 6. Fees and deposits. Upon completion of the moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts for which any holder of a permit shall or may become liable to the city and which the city may retain under any provision of this section. The permit fee paid upon filing of the application shall not be returned. Subd. 7. Council review. A. The council may on its own motion elect to review any decision of the protective inspections department denying issuance of a permit. The denial of a permit may be appealed by the applicant as any other administrative decision. B. A hearing on the election to review or appeal shall be heard by the council no later than 30 days after the election to review has been made. The council may affirm, reverse or modify the action. Subd. 8. Moving hours. No person shall move any building on any street at any time other than during the hours of 1:00 a.m. to 5:30 a.m. Subd. 9. Moving days. Any person moving a building through the city for which a permit shall not be required shall move such building through the City within a period of no more than seven days. Subd. 10. Conditional permits. Any permit granted under the terms of this section may have attached thereto written conditions which shall be strictly adhered to by the permittee. Subd. 11. Building permits and certificates of occupancy. A. Whenever an application is made to move a building which would not, after moving, comply with all then -current building codes or if changes are required or contem- plated, contemporaneously with such application a separate building permit shall also be applied for. B. No moved building, whether or not a separate building permit is required under subparagraph A of this subdivision, shall be occupied before the city makes its final inspection. CD4:8 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.20 Subd. 12. Building mover endorsement. No permit to move a building shall be granted to the owner unless it is endorsed by a building mover licensed by the state, acknowledging that he knows the contents of this section and agrees to be bound hereby and by all conditions placed upon such permit relating to hours, routing, movement, parking and speed limit. Subd. 13. Denial of a permit. Any permit under this section shall be denied upon a finding of any one of the following: A. Applicant has not complied with any requirement of this section; B. Persons or property in the city would be endangered by moving the building, because of shape, size, route, or for any other reason; C. The building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the city; D. The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the city; E. The equipment for moving the building is unsafe and persons and property would be endangered by its use; F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code, if the location to which the building is to be moved is in the city; or G. If the location to which the building is to be moved is in the city, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Compar- ative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. (Code 1983, § 4.10, eff. 1-1-83; Ord. No. 9, 2nd series, eff. 4-27-84) State law reference —Building movers, Minn. Stat. § 221.81. Secs. 4.11-4.19. Reserved. Sec. 4.20. Placement, erection maintenance of signs. Subd. 1. Purpose, construction and definitions. A. Purpose. The purpose of this section shall be to regulate the placement, erection and maintenance of signs in the city so as to promote the health, safety and general welfare of the residents of the city. CD4:9 § 4.20 EAGAN CODE B. Construction. All terms and words used in this section shall be given their com- monsense meaning considered in context, except as hereinafter specifically defined. C. Definitions. The following terms, as used in this section, shall have the meanings stated: 1. Sign means any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. 2. Business sign means any sign upon which there is any name, designation or advertising which has as its purpose business, professional or commercial advertising and which is related directly to the use of the premises upon which the sign is located. 3. Nonbusiness sign means any sign such as a personal nameplate or designation as for residences, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located. 4. Freestanding ground sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business freestanding ground sign which projects more than seven feet above ground level is considered a pylon sign. 5. Off -premises sign means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the property upon which the sign is located. 6. Pylon sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter, and are subject to all conditions, regulations and fees required for conditional uses. 7. Sign area means the gross area, exclusive of supportive frame, which contains copy or identifying features such as a logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than 12 straight lines. 8. Sign height means the distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. Subd. 2. Permitted uses. A. Location of business signs. Business signs are permitted on property zoned business, industrial, agricultural, public facilities, R & D or PD only in conjunction with an approved business, industrial or agricultural use. B. Location of business signs in residential areas. Business signs are permitted in residentially zoned areas or areas of PD designation for residential use only under the following cases: 1. "For sale" or "for rent" signs, four feet by four feet or smaller, advertising the premises upon which such sign is located. CD4:10 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.20 2. Real estate "for sale" signs, not over 100 square feet, of a land developer, which are located upon the premises offered for sale. 3. Area identification signs for major apartment complexes. Subd. 3. General sign standards. A. Obstruction of vision. No sign shall be erected or maintained in such place and manner as obstructs driver vision or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. B. Location to property line. No sign shall be located nearer than ten feet from any property or dividing line. C. Location to street and railroad right-of-way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mailboxes, lampposts, or the like. D. Moving parts, lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and tempera- ture. E. Source of lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. F. Painted signs on buildings. No signs are allowed which are painted directly upon the walls of a building. G. Construction and erection of signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by profes- sional signmakers. Subd. 4. Off -premises signs. A. No off -premises sign shall be permitted in any zone within the city except as permitted under subdivision 4 hereof. B. The owner of an existing off -premises sign may construct a new off -premises sign pursuant to a conditional use permit issued in accordance with the provisions of chapter 11 of the City Code, and under the following criteria: 1. No sign will be permitted which increases the number of signs beyond the number of signs depicted in table A (which follows this section), as amended from time to time. 2. No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in table A (which follows this section), as amended from time to time. 3. No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in table A (which follows this section), as amended from time to time. CD4:11 § 4.20 EAGAN CODE 4. The maximum square footage of a sign shall be 250 square feet; however, the city may allow a sign in excess of 250 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in table A (which follows this section), as amended from time to time, and (ii) amendment to said table A to reflect such reduction, and (iii) further, so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in said table A, at the time of application for a new sign. 5. No sign shall be located nearer to any other off -premises sign than 1,500 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. 6. No sign shall be located on a platted lot which contains a business sign. 7. No sign shall be located within 300 feet of any freestanding ground sign or pylon sign. 8. No sign shall be located within 200 feet of any residentially zoned district. 9. No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign. C. Any new sign permitted under subparagraph B, above, shall not be placed upon any property upon which a building or structure already exists. D. Any new sign permitted under subparagraph B, above, shall be located only on property zoned for business or industrial use. E. Any sign now existing or permitted to be constructed shall be removed prior to the city approving the platting of the property upon which the sign is located or prior to the city issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier. F. Any sign constructed pursuant to a conditional use permit issued pursuant to subparagraph B, above, shall be subject to the council's authority under section 11.40, subdivision 4 of the City Code. Subd. 5. Building -mounted business signs, standards. A. Number permitted. No more than one business sign for each major street frontage shall be permitted on a building for each business located within such building. B. Design similarity. All business signs mounted on a building shall be similar in design. C. Sign area. No signs or combination of signs mounted upon a building shall cover in excess of 20 percent of the gross area of a side. D. Sign projection. No sign mounted upon a building is allowed to project more than 18 inches from the vertical surface of the building. E. Roof signs. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall. CD4:12 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.20 Subd. 6. Freestanding business signs, standards. A. Freestanding ground signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four -foot maximum height of sign area. B. Pylon signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a freestanding sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). The applicant shall submit diagrams, drawings, pictures and other information requested by the city prior to action by the council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under subparagraph C, below. C. Major complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one freestanding or pylon sign may be allowed for each major adjacent street. The council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. D. Freeway locations. An on -premises pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the city. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this section. A freeway shall be defined as a principal arterial highway as defined in the comprehensive plan. Subd. 7. Exemptions. Notwithstanding any other provisions of this section, the following signs are exempt from the permit or fee provisions of this section. No exempt sign shall exceed 16 square feet of area except where stated below: A. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. B. Church, hospital, or school directional signs, less than six square feet in total copy area. C. One on -property church sign for each church site. D. Signs warning of hazardous conditions. E. Simple information signs, such as "exit," "loading dock," etc. F. Simple nameplate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. G. Signs erected by a recognized unit of government having jurisdiction in the city, or a school district within the boundaries of the school district. CD4:13 § 4.20 EAGAN CODE H. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. I. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed 20 days. J. Temporary signs for special business sales. There shall be no more than three such signs on any lot, with a combined area of less than 25 square feet. Temporary business signs shall be limited to a period of ten days out of any calendar month. The ten days are counted sequentially from the day of installation of the first temporary sign to the removal of all temporary signs. Subd. 8. Nonconforming signs. A. The protective inspections department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the effective date of this section. Removal shall be in accordance with subdivision 10, below. B. Other signs existing on the effective date of this section and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconform- ing signs which may be continued if properly repaired and maintained as provided in this section and if in conformance with other provisions of the City Code. If said signs are not continued with conformance of above, they shall be removed in accordance with subdivision 10, below. Subd. 9. Sign permits and fees. A. Sign permits. No signs, except those specified in subdivision 7, above, shall be erected or maintained anywhere in the city without first obtaining a sign permit. B. Application, permit and fees. A formal application together with accompanying documents prescribed by the city shall be submitted to the city clerk -treasurer to obtain a sign permit. Permit fees are as adopted by resolution of the council and shall accompany the permit application. C. Review of applications. The protective inspections department shall approve all sign permit applications, except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the council for final approval. D. Return of the fees. In the event said application shall be denied, the city clerk - treasurer shall return the applicant's permit fee, less a reasonable amount deter- mined by the council which shall be retained as an administrative cost. Subd. 10. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the city, and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. CD4:14 • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.30 TABLE A Number of Signs Location Square Feet Surfaces 1. Highway 3, 1.4 miles south of County 500 2 Road 32 2. Highway 55, junction with Highway 149 500 2 3. Highway 55, east of Lexington 110 2 4. Highway 13, between Cedar and Rahn 500 2 5. I-494, west of Highway 149 (added 6-20- 756 2 95) (588) Naegele 6. Highway 13, between Cedar and County 250 1 Road 30 7. MN 77, north of Highway 13 (on railroad) 756 2 8. MN 77, between County Roads 30 and 32 756 2 9. MN 77, north of Highway 13 756 2 10. I-35E, north of Lone Oak 756 2 11. Soo Line right-of-way, south of I-494, west 480 1 of Highway 55 (added 9-5-95) (20) (1) Adams 12. Highway 149, south of Yankee Doodle 165 3 Road 13. I-494, west of Pilot Knob Road 756 2 14. I-494, junction of I-35E 756 2 TOTALS 7,797 27 Note: ( ) denotes banked (Code 1983, § 4.20, eff. 1-1-83; Ord. No. 167, 2nd series, eff. 6-18-93) State law reference —Advertising devices, Minn. Stat. ch. 173. Sec. 4.21. Reserved. Repealed by Ord. No. 129, 2nd series, adopted 9-16-91. Ord. No. 142, 2nd series, adopted May 20, 1992, declared a moratorium which expired December 31, 1992. Secs. 4.22-4.29. Reserved. Sec. 4.30. Excavations and fills. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Excavation means any pit, hole or depression of earth material artificially made below natural grade level, except those made in pursuance of a building permit issued. B. Earth material means any rock, natural soil or fill and/or any combination thereof. CD4:15 § 4.30 EAGAN CODE C. Fill means a deposit of earth material placed by artificial means. Subd. 2. Permit required (unlawful act). A. It is unlawful for any person to remove, store or excavate earth material or to fill or raise existing surface grades without first obtaining a permit from the council. B. A permit under this section shall not be required for: 1. The excavation, removal or storage of earth material for the purpose of the foundation, cellar or basement of some immediately pending superstructure to be erected, built or placed thereon contemporaneously with or immediately follow- ing such excavation, removal or storage, provided that a building permit has been issued. 2. Such excavation, removal or storage of earth material or other like material by the state, county or city authorities in connection with the construction or maintenance of roads or highways or utilities, provided such activity is conducted within said road or highway right-of-way. 3. Curb cuts, utility hookups or street openings for which another permit is required from the city. Where another permit is not required or obtained, an excavation permit shall be required. 4. Installation of public utilities or excavation for construction purposes upon platted property within two years after an approved plat has been filed with the county. Where a plat is pending or more than two years has lapsed since the filing of a plat, an excavation permit shall be required. 5. Excavations or fills of less than 10,000 square feet in area or five feet in depth. Subd. 3. Application. A. Application for said permit shall be made in writing to the council on such forms and shall include such information as prescribed by the city including the location and plan of removal or fill of earthly deposits from such location. B. Such application shall also include: 1. Legal description of the lands upon which it is proposed to remove earthly deposits or make excavation. 2. Names and addresses and signatures of applicants and owner of the land. 3. Copies of any agreements contemplated or entered into between the owner of such lands and any other person for the opening, operation or maintenance of such excavation, removal of earthly deposits or fill site. 4. The estimated time required to complete the work. 5. The highways, streets or other public roadways within the city upon or along which the material shall be transported. 6. Method and schedule for restoration and measures to control erosion during and after the work in compliance with the city's erosion and sediment control manual. CD4:16 • • • • • C. CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.30 7. A map or plan of any proposed pit, excavation or fill area showing the confines or limits thereof together with the existing and proposed finish elevations at two -foot minimum contours based on sea level readings. 8. The following additional information: Landscape plan for setback areas. Location and surface of access roads. Method of controlling dust. Hours of operation. Method of maintaining security on premises. Method of controlling weeds. The council may refer such application to the planning recommendation. commission for review and Subd. 4. Annual license fee. A. A permit fee in the sum fixed by resolution of the council for each excavation permit or fill permit is required. In the event said application for permit is denied, such fee shall be returned to the applicant less reasonable costs incurred by the city for processing and handling the application. B. In addition to the permit fee required as specified in subparagraph A above, each holder of such permit shall apply for a renewal permit annually on or before January 1, commencing in the same year in which the original permit is issued and pay therefor an annual permit fee in the amount fixed by resolution. C. In addition, the petitioner shall pay all reasonable costs incurred by the city for review and inspection, including preparation of reports and review of plans by the city engineer, city attorney, and city planner or other members of the staff, and costs of a similar nature. The payment shall be made by the petitioner upon receipt of an itemized invoice from the city, and said payment shall be in addition to the fee required with the petition or renewal permit and hereinabove provided for. Subd. 5. Regulations and requirements. The following restrictions, where applicable, shall apply to all permits: A. Support. No excavation or digging shall be made closer to any road, right-of-way line, property line or structure on adjoining property as may endanger the support thereof as may be determined by the city engineer. B. Time. No operations shall be conducted prior to 7:00 a.m. nor after 7:00 p.m., nor at any time on Sundays and legal holidays unless otherwise approved by the council. C. Reducing nuisances. All reasonable means shall be employed by applicant to reduce dust, noise and nuisances which shall include, but not exclusively, water spraying in the crushing process. CD4:17 § 4.30 EAGAN CODE D. Screening. Where necessary to eliminate unsightly view of the excavation and operations, applicant shall plant suitable fast growing screening trees which shall be a minimum of six feet high placed in two rows staggered with trees not more than ten feet apart in each row. E. Slope maximums. During the entire period of operations, all excavations shall be sloped on all sides at a maximum ratio of one to one. F. Manufacturing or processing prohibited, exception. A conditional use permit shall be required for the manufacturing or processing of any material on the site. G. Commencement of operations. Applicant shall commence his operations on an internal portion of the site not less than 1,000 feet from the nearest dwelling and remove all deposits in that area before moving out and closer to a boundary or dwelling. H. Wells. Applicant shall not drill or install any well larger than four inches on a site without first obtaining approval from the council in writing. I. Wastewater. Applicant shall dispose of all wastewater used on the site in a manner which will not adversely affect adjoining property. J. Ceasing operations; regrading. Upon ceasing operations or leaving any particular excavation or area in the site, applicant shall regrade same in a reasonable manner and shall slope same on all sides at a maximum slope of three feet horizontal to one foot vertical. K. Paving access roads. All access roads from any excavation or fill area, which is the subject of this section, to any public paved roadway shall be paved for a distance of at least 75 feet adjacent to the public roadway to eliminate accumulation of material spillage and to minimize dust conditions. Said access roads shall be cleaned as needed to maintain lowest possible dust conditions. Truck hauling routes shall be approved by the city for any permits granted under this section. L. Load limits. Applicant shall adhere to all state, county and city Toad limits in hauling to and from the site. M. Traffic safety. Applicant shall provide warning signs and flagmen for proper traffic safety during periods of heavy traffic to and from or past the site and at such other times as the director of public works may require. N. Ceasing operations; one year limit. In the event operations cease, or substantially so, on said site for a period of more than one year, or in the event substantially all gravel and sand deposits thereon have been removed, no further operations shall be conducted thereon, and the agreement shall be deemed absolutely void. O. City rules and regulations. The city may, from time to time, adopt reasonable rules and regulations during the course of the agreement pertaining to applicant's opera- tions which applicant shall agree to be bound by. For failure to comply with same or with the agreement or applicable provisions of the City Code, rules and regulations, applicant shall cease operations immediately upon receipt of written notice by the council or its authorized representative unless within the time specified he shall remove such default. CD4:18 • • • • • • Q. CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.30 P. Other operators. The applicant shall not permit any other person to operate upon said site, haul or otherwise without first obtaining the written consent of the council and an appropriate acknowledgment by such person that he will be bound by the agreement and covered by bond. Restoration. Applicant shall provide topsoil or other approved cover material over all disturbed areas. The excavation plan shall provide detailed information on the type, thickness and schedule of placement of this material. The area shall be reseeded in accordance with an approved plan and time schedule. The applicant shall be liable and responsible for any and all unauthorized and unapproved types of fill consisting of debris, garbage and refuse deposited in the site unbeknownst to the property owner. R. Wetland conservation. Excavation as permitted hereunder shall be in compliance with any and all applicable wetland conservation statutes and regulations and any amendments thereto hereafter. Subd. 6. Granting of permit. The council, as a prerequisite to the granting of a permit or after a permit has been granted, may impose the following requirements in agreement form where applicable upon the applicant or owner of the premises to: A. Properly fence any pit or excavation, maintaining a secured access, if requested by the city, to help restrict unauthorized use by the general public. B. Slope the banks, fill, level off any pit or excavation or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks, so as to minimize or stop erosion or dust during or after excavation. C. Properly drain, fill or level off any pit or excavation so as to make the same safe and healthful as the council may determine and in accordance with the terms of this section. D. Reimburse the city for the cost of periodic inspections by the city engineer, protective inspections department or other city employee for the purpose of seeing that the terms under which the permit has been issued are being complied with. E. Post a surety bond in such form and sum as the council may require, running to the city, conditioned to pay the city the cost and expense of repairing any highways, streets, or other public ways within the city made necessary by the special burden resulting from the hauling and transporting thereon by the applicant in the removal or filling of rock, dirt, sand, gravel, clay or other like material, the amount of such cost to be determined by the council; and conditioned further to comply with all the requirements of this section and the particular permit, and to save the city free and harmless from any and all suits or claims for damages resulting from the negligent excavation, removal, storage or filling of rock, sand, gravel, dirt, clay or other like material within the city. F. Post a performance bond on a minimum $500.00 for each acre, or any portion thereof, being disturbed at any time, running to the city, conditioned to pay the city the cost CD4:19 § 4.30 EAGAN CODE and expense of restoration of an excavated or filled area and expense of grading, providing topsoil and seeding where the applicant or owner shall fail to complete an excavation or restoration within the conditions under which the permit was issued. G. File with the city a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the state. The policy shall insure the person performing acts described in this section and the city as an insured, in the sum of at least $100,000.00 for injury to one person, and $300,000.00 for one accident, and at least $100,000.00 property damage or in such other amounts as the council shall determine. The policy shall be kept in effect until the termination of a permit granted pursuant to this section. Subd. 7. Inspections. At least once a year, or more often as necessary, the city adminis- trator shall instruct the staff to inspect all areas where a permit has been issued and report such findings to the council. Subd. 8. Duration of permit. The excavation permit shall run from January 1 through December 31 of the same year or for a lesser period of time as the council shall specify when the permit is issued. Subd. 9. Combination permits. In the event any applicant shall excavate material at one site within the city and use the same material for fill purposes at a different site within the city, he shall comply with all applicable portions of this section as to each site, including the payment of separate fees for each location. Subd. 10. Conditional use permits. A. Conditional use permits shall be required for all excavation or fill permits required under this section as follows: 1. In all areas zoned other than commercial or industrial no matter what amount of fill or excavation is intended to take place. 2. In all areas zoned commercial or industrial where the excavation or fill permits are expected to involve more than 100,000 cubic yards of material. B. Applications for permits for operations which are expected to continue for three years or longer shall comply with the conditional use permit procedure provided in the zoning chapter. Subd. 11. Violations. A. Any person who shall fail to obtain a permit as herein required or who shall fail to comply with any of the conditions upon which the same is issued or who fails to complete the filling, excavating or grading within the time prescribed by the permit shall be guilty of violating this section, and may be enjoined from further work under the permit. B. The council hereby reserves the right to revoke such permit upon a violation, and upon revocation the continuance of such work shall be a violation of this section, and CD4:20 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.40. if the council shall order any positive act to be done to conform with the work being done with that authorized by the permit, the same shall be completed before any further filling, excavating or grading is done and within ten days after mailing a notice to do said acts to the person to whom the permit was issued. (Code 1983, § 4.30, eff. 1-1-83; Ord. No. 27, 2nd series, eff. 2-7-86; Ord. No. 143, 2nd series, eff. 6-12-92) Secs. 4.31-4.39. Reserved. Sec. 4.40. Construction and maintenance of trailer coach parks. Subd. 1. Purpose, construction and definitions. A. Purpose. This section is enacted pursuant to Minn. Stat. § 412.221 and other applicable laws of the state for the purpose of promoting the health, safety, order, convenience and general welfare of the city by regulating the establishment, main- tenance and occupancy of trailers and trailer coach parks and requiring special permits therefor. B. Construction. This section shall be construed as setting forth minimum requirements for the establishment, maintenance and occupancy of trailers and trailer coach parks. Any other law containing greater requirements than herein contained shall be controlling to the extent only of such greater requirements. C. Definitions. Whenever used in this section, the following definitions shall prevail unless a different meaning appears in context: 1. Trailer means any vehicle or structure accommodating office or living quarters so designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, except unoccupied camper -type trailers or vehicles or sports trailers. 2. Trailer coach park means any site, lot, field or tract of land upon which two or more trailer coaches are located. Subd. 2. Storing of trailers. No person shall park or occupy any trailer on the premises of any occupied dwelling or in or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside an approved trailer coach park, except the parking of only one unoccupied trailer in an accessory private garage building or to the rear of the front building line is permitted providing no living quarters shall be maintained or any business practiced in said trailer while said trailer is so parked or stored. Subd. 3. Trailer coach park permits. A. Prohibitions. No person shall hereinafter construct or establish a trailer coach park except after obtaining the special permit therefor as hereafter provided, unless at the time of passage of this section such trailer coach park was duly authorized and licensed by the state department of health. CD4:21 § 4.40 EAGAN CODE B. Special permit. A special permit to construct and establish a trailer coach park, to be licensed by the state department of health, may be issued when approved by the council after a finding by the board that such trailer coach park when constructed or established complies with the standards, regulations and requirements applicable thereto as established by the department of health, and such further laws, standards and regulations applicable thereto enacted and required by the city and not in conflict with state law. C. Considerations. The council in making its determination shall take into consideration the public health, safety and morals of the city, overall community planning, aesthetics and economic factors involving persons and property situated in the city. D. Application and fees. Application for such permit shall be made to the council on forms supplied by the city and accompanied by a fee adopted by resolution of the council. E. Annual compliance. After the original permit is issued and after the applicant is duly licensed with respect to such trailer coach park by the state, no license therefor shall be required by the city and no further license fee shall be due or collectible by the city, except as may be provided by state law. However, each year, for the purposes of demonstrating local compliance with the state law and the regulations of the department of health, the operator of such trailer coach park shall apply for and obtain from the city a certificate of continued operation to be issued to the operator without charge upon proof and display of a current and validly existing license for such trailer coach park issued by the state. Such certificate shall expire and be renewable in each year on February 15. F. Noncompliance. Failure to obtain such certificate of continued operation is prima facie evidence of noncompliance with state law. Subd. 4. Trailer coach park construction, design and operation requirements. A. Building codes. The construction of a trailer coach park shall comply with the provisions of all applicable building codes. B. Well -drained site. The trailer coach park shall be located on a well -drained site, and each trailer lot shall be graded so as to prevent the accumulation of stormwaters or other waters. All stormwater ponding or pooling areas shall be controlled by the operator by whatever means necessary to prevent the breeding of insects. C. Water and sewer systems. The trailer coach park shall be serviced by the city water system and a sanitary sewer system connected to the city sanitary sewer system. The design and specifications of such systems must meet the approval of the city engineer. Hookup charges shall be determined upon issuance of the permit. D. Other utilities. Other utilities such as electricity, natural gas and telephone shall be installed underground in an approved method. Such methods shall be under the requirements of the state and the city. E. Lot area and setback lines. Each lot of a trailer coach park shall have a minimum gross area of not less than 5,000 square feet, with the lot width at the mobile home CD4:22 • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.40 front facing the street of not less than 50 feet; a twin 10 or twin 12 trailer shall require a front of 60 feet. Each trailer placed upon a lot shall be placed with the following minimum setbacks: 1. Front: 15 feet from the sidewalk. 2. Rear: 15 feet from the lot line. 3. Sides: No trailer may be located less than 20 feet from the adjacent mobile home and/or structure attached to such mobile home. 4. Corner lot: A corner lot shall be the same as two front setbacks. F. Curbs and gutters. All streets and roadways located within the trailer coach park shall have curb and gutter and shall be hard surfaced under specifications set forth by the city engineer. Minimum width between curb faces shall be 32 feet for collector streets and 28 feet for minor streets, unless projected traffic patterns and density shall determine a greater width, at which time the greater width shall be determined by the city engineer. Roadways shall have unobstructed access to a public street, road or alley. G. Sidewalks. A concrete sidewalk not less than 30 inches wide shall be constructed adjacent to the street. A variance can be granted for lots located within areas such as culs-de-sac where, in the opinion of the planning commission, sidewalks shall serve no useful purpose. The variance shall require the council approval. H. Off-street parking. Off-street parking shall be provided for at least two spaces per mobile home lot. Parking on streets and roadways shall be prohibited, and approved street signs prohibiting such shall be provided by the owner and installed under the direction of the city engineer. I. Speed limit within park. The streets and roadways shall be designed in accordance with a 15-mile-per-hour speed limit. It is unlawful for any vehicle to travel in excess of 15 miles per hour within the limits of the trailer coach park. J. Utility buildings. All trailer coach parks shall have utility buildings as are required by state law. K. Recreation areas. All trailer coach parks shall have a recreation or park area or areas to be established and maintained within the trailer coach site of not less than 15 percent of the total trailer coach park area. Such plans for a recreation area shall be of an approved design. L. Setback lines from property boundaries. Every trailer coach park shall provide for a minimum setback of at least 50 feet on all property boundaries. Such setbacks will be planted with a dense combination of trees, shrubs and bushes so as to form a buffer to adjoining property and state, county and city roadways. Plans for planting shall be approved by the planning commission. M. Tiedowns. Each trailer coach lot shall be provided with tiedowns at the four corners of the trailer. Placement and design of such shall be presented to the planning commission for approval prior to construction. CD4:23 § 4.40 EAGAN CODE N. Rubbish and garbage. A plan for rubbish and garbage disposal shall be presented to the council for approval before such trailer coach park begins operation. This plan shall be reviewed each year on or before December 1, and such changes as recommended by the city engineer will be considered by the council for approval. O. Fire extinguishers. Each trailer home in a licensed trailer coach park shall be equipped with a fire -marshal -approved type fire extinguisher in usable condition. The occupant of the mobile home shall be responsible for providing such extinguisher for his trailer home. P. Q. Occupant density. No trailer home shall be inhabited by a greater number of occupants than for which it was designed. Vehicle storage. No boats, boat trailers, utility trailers, travel trailers or other vehicles than the personal automobile(s) of the occupants or their guests shall be parked on the trailer coach lot, and there shall be provided by the operator a separate area upon which these boats, trailers or other vehicles shall be parked or held. This area is to be located away from any public street and shall be densely screened in an approved manner. R. Registration. Every person operating a trailer coach park shall provide and keep thereat a suitable guest register for the registration of all persons provided with accommodations thereat, and each person shall register therein as provided by state law. This register shall contain the following: (1) name and lot address of each occupant; (2) name and address of the owner of the trailer home; (3) make, model, year and license of each trailer home; (4) date of arrival and departure of each trailer home. This information shall be kept for at least three years after the date the occupant leaves the trailer coach park and shall be available at all times to law enforcement officers, health authorities and all other officials whose duties necessitate the acquisition of information contained in the register. S. Running gear. The wheels and running gear shall be left on the trailer home located within the trailer coach park. T. Lot landscaping. Except for the areas used for the trailer home, patio, sidewalk, or hard -surfaced off-street parking, the entire lot shall be sodded and maintained with grass. U. Maintenance of trailer coach park areas. Trailer coach parks shall be maintained in an attractive state by the owner or operator so as not to become unsightly with respect to containers, junk, trash or any other unsightly or unsanitary conditions. No painting, washing or repairing of automobiles or any other vehicles shall be allowed on the streets or roadways of the trailer coach park. Any trailer home lot that is unoccupied and/or becomes in disrepair because of neglect by the occupant shall be the responsibility of the trailer coach park operator, who shall maintain and/or upgrade the lot to its original permit condition. Subd. 5. Suspension. Violation of any state law, regulation or standard applicable to any such trailer park or as further provided in the City Code and as is not in conflict with state law CD4:24 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.50 shall subject the operator of such park to having his certificate of continued operation suspended while such violation exists. Further, such violation will authorize the city to move the state department of health to suspend, revoke or thereafter deny the state license then in existence or effect. The operation of a trailer coach park without a valid existing state license or contrary to this section is a violation of this section. (Ord. No. 2, eff. 1-30-69; Code 1983, § 4.40, eff. 1-1-83) State law reference —Manufactured home parks and camping areas, Minn. Stat. § 327.14 et seq. Secs. 4.41-4.49. Reserved. Sec. 4.50. Placement, erection and maintenance of wind energy conversion systems and radio or TV towers. Subd. 1. Purpose, construction and definitions. A. Purpose. The purpose of this section shall be to regulate the placement, erection and maintenance of wind energy conversion systems and TV or radio towers in the city so as to promote the health, safety and general welfare of the residents of the city. B. Construction. All terms and words used in this section shall be given their com- monsense meaning considered in context, except as hereinafter specifically defined. C. Definitions. 1. Wind energy conversion system means a device such as a windcharger, windmill, or wind turbine which converts wind energy to another form of usable energy such as electricity or heat. 2. Radio or TV antenna means any radio or TV antenna in excess of the height limitation imposed by City Code chapter 11. 3. Tower means any structure used to elevate a wind energy conversion system or a radio/TV antenna in excess of the height limitation imposed by City Code chapter 11. Subd. 2. Conditional use. A. No wind energy conversion system or TV/radio antenna as described in subdivision 1 shall be erected anywhere within the city without first submitting an application for and obtaining from the city a conditional use permit and compliance with the procedures provided in City Code chapter 11. B. Application for said permit shall be made to the city in the same manner as a building permit. A building permit formula should be used to calculate a fee which shall be payable at the time that the application is made. C. Prior to the issuance of a permit, the applicant shall provide to the city documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions and is warranted against any system failures under reasonably expected severe weather operation CD4:25 § 4.50 EAGAN CODE conditions as established by the chief building official. The application shall also provide to the city documentation that the tower structure for the system has received certification by an appropriate professional engineer registered in the state. Subd. 3. Requirements and specifications. All energy conversion systems and radio/TV towers (where applicable) erected anywhere within the city shall comply with the following requirements: A. Applicable provisions of the City Code including the applicable provisions of the state building code (standards) therein adopted shall be complied with in addition to those requirements set out in this section. B. Wind energy conversion system tower foundations shall be designed pursuant to the state building code and shall have been certified by an appropriate professional engineer registered in the state. C. No part of any wind energy conversion system or TV/radio tower or any equipment or lines used in connection therewith or connected thereto, including any tower founda- tion areas, shall be constructed or maintained at any time permanently or tempo- rarily, in or upon any drainage or utility easement. D. No wind energy conversion system tower or TV/radio antenna tower shall be constructed within 20 feet laterally of any overhead electrical power line, excluding secondary electrical service lines or "service stubs." Setback from said electric distribution lines shall be at least five feet. E. No wind energy conversion system or TV/radio antenna supporting tower shall exceed a height of 100 feet or the distance from the tower to the nearest property line, whichever is less, measured from the base of the tower to the highest point of the tower, without a variance. F. Wind energy conversion systems utilizing propellers shall not have rotor diameters greater than 35 feet. G. All wind energy conversion systems shall be equipped with automatic speed control devices as part of their design. H. Blade arcs created by a wind energy conversion system shall be a minimum of 30 feet above the ground. I. Wind energy conversion systems and towers shall be adequately grounded for protection against direct strike by lightning and shall comply, as to electrical wiring and connections, with applicable federal regulations, state statutes and regulations, and City Code provisions. J. All lines and wires extending substantially horizontal above the ground from a tower or extended to a building, tower or structure shall be at least eight feet above the ground at all points. K. Wind energy conversion systems and commercial radio/TV towers shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by design or enclosed by a six-foot high, nonclimbable fence with a lockable gate. CD4:26 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.50 L. Personal TV and radio towers shall be unclimbable by design for the first eight feet or completely surrounded by a fence in excess of three feet in height. M. Except for illumination devices required by FAA regulations and residential lighting in compliance with the City Code, no wind energy conversion system or tower shall have affixed or attached to it in any way any lights, reflectors, flashers or other illumination devices. N. No wind energy conversion system shall have attached to it in any way any signs (does not include equipment labels), banners, or placards of any kind, except for one sign, not to exceed two square feet, which displays suitable warning of danger to unadvised persons, the system's manufacturer, and energy shutdown procedures. O. All wind energy conversion systems and TV/radio antennas shall comply with the state pollution control agency's noise pollution section (NPC 1 and NPC 2) as amended. P. All wind energy conversion systems and TV/radio antennas shall comply with all applicable Federal Communications Commission regulations, as amended. Q. All such structures shall comply with all applicable Federal Aviation Administration regulations as amended. R. The interface of the wind energy conversion system with the consumer's electric service shall be performed pursuant to all applicable federal and state regulations. The owner shall notify his local electric utility company in advance of such interface. The company shall review and comment upon any application affecting its service. Both parties shall regulate their activities in a cooperative manner including the purchase of excess electricity by the utility company if required by state law. Subd. 4. Insurance. All personal radio and TV towers shall be adequately insured for injury and property damage caused by collapse of the towers. All other applicants must provide liability insurance in the amount of $100,000.00 per person and $300,000.00 per occurrence for bodily injury and $50,000.00 for property damage for any liability that may arise as the result of collapse, falling debris, electrical discharge or any other occurrence causing damage or injury to persons or property resulting from the wind energy system or radio -TV tower. Subd. 5. Towers. Only one tower exceeding the limitations of the zoning chapter shall be permitted in a residential lot. Subd. 6. Abandoned towers; removal. Any wind energy system which is not used for 12 successive months, commencing on the effective date of this section, shall be deemed abandoned and shall be removed as abandoned property. Subd. 7. Variances. Variances from the strict provisions of this section may be granted pursuant to the variance provisions of the zoning chapter. Subd. 8. Existing systems. Wind energy conversion systems and radio/TV antennas in existence at the time of adoption of this section shall be granted conditional use permits. However, safety measures which are requirements of this section shall be complied with if not involving major structural change to the tower or substantial expense to the owner. (Code 1983, § 4.50, off. 1-1-83) CD4:27 4.51 EAGAN CODE Secs. 4.51-4.59. Reserved. Sec. 4.60. Construction headquarters and material storage areas. Notwithstanding any other provision of the City Code, a construction headquarters temporary structure or area shall be allowed in any residential plat then being developed. Such structure and/or storage materials shall be removed within 30 days after final city inspection of 85 percent of the total number of dwelling units in such plat. It is unlawful for any person to fail to timely remove any such structure or materials. (Ord. No. 9, 2nd series, eff. 4-27-84) Secs. 4.61-4.69. Reserved. Sec. 4.70. Outdoor swimming pools. Subd. 1. Definition. For purposes of this section, an outdoor swimming pool is defined as any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing used in connection with a single-family dwelling and having the depth of more than 24 inches at any point and a surface area exceeding 150 square feet. Subd. 2. Fencing required around outdoor swimming pools. A. All outdoor swimming pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least four but not more than six feet high and located at least four feet from the edge of the pool. The bottom of the fence or wall shall be no higher than four inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self -closing and self -latching lockable gates. B. The security fence or wall shall be of the nonclimbing type so as to be impenetrable by toddlers and shall afford no external handholds or footholds. Subd. 3. Exceptions. This section does not apply to aboveground outdoor swimming pools having at least four -foot high vertical or outward inclined sidewalls, provided that the pool has a self -closing and self -latching lockable gate or sole access is by means of a removable ladder, ramp or stairs, which must be removed when the pool is not in use. Subd. 4. Existing regulations. The provisions of this section are in addition to and not in replacement of the provisions of the City Code relating to building and land use. (Ord. No. 70, 2nd series, eff. 11-25-88) Secs. 4.71-4.98. Reserved. Sec. 4.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful or performs an act prohibited or declared unlawful or CD4:28 • • • • • CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.99 fails to act when such failure is prohibited or declared unlawful by a code adopted by reference by this chapter and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 4.99, eff. 1-1-83) CD4:29 Beer, Wine and 5 Liquor Licensing and Regulation • s • Beer, Wine and Liquor Licensing 5 and Regulation • • • • • • Chapter 5 BEER, WINE AND LIQUOR LICENSING AND REGULATION* Sec. 5.01. Definitions. Sec. 5.02. Applications and licenses under this chapter —Procedure and administration. Sec. 5.03. Renewal of licenses. Sec. 5.04. Delinquent taxes and charges. Sec. 5.05. Limitation on ownership. Sec. 5.06. Conditional licenses. Sec. 5.07. Premises licensed. Sec. 5.08. Unlawful acts. Sec. 5.09. Conduct on licensed premises. Sec. 5.10. Sale by employee. Sec. 5.11. License condition and unlawful act. Sec. 5.12. Minors as defined in section 5.01—Unlawful acts. Sec. 5.13. Financial responsibility of licensees. Sec. 5.14. Insurance certificate requirements. Sec. 5.15. Gambling prohibited. Sec. 5.16. Consumption and possession of alcoholic beverages on streets, public property, and private parking lots to which the public has access. Sec. 5.17. Alcoholic beverages in certain buildings and grounds. Sec. 5.18. Workers' compensation. Sec. 5.19. Confections containing alcohol. Secs. 5.20-5.29. Reserved. Sec. 5.30. Beer license required. Sec. 5.31. Beer license fees. Sec. 5.32. Temporary beer license. Sec. 5.33. Beer license restrictions and regulations. Sec. 5.34. Hours and days of beer sales. Sec. 5.35. Unlawful acts (beer). Secs. 5.36-5.49. Reserved. Sec. 5.50. Liquor license required. Sec. 5.51. Liquor license fees. Sec. 5.52. Liquor license restrictions and regulations. Sec. 5.53. Hours and days of liquor sales. Sec. 5.54. Sunday sales. Sec. 5.55. Unlawful acts (liquor). Sec. 5.56. Sports or convention facility license. Sec. 5.57. Temporary liquor license. Secs. 5.58-5.69. Reserved. Sec. 5.70. On -sale wine. Sec. 5.71. Hours and days of sales by on -sale wine licensees. Sec. 5.72. Unlawful acts (wine). Secs. 5.73-5.79. Reserved. *Cross references —Construction licensing and permits, ch. 4; other business regulation and licensing, ch. 6. State law reference —Liquor Act, Minn. Stat. ch. 340A. CD5:1 EAGAN CODE Sec. 5.80. Consumption and display —One -day license. Sec. 5.81. Consumption and display. Secs. 5.82-5.89. Reserved. Sec. 5.90. Nudity or obscenity prohibited. Secs. 5.91-5.98. Reserved. Sec. 5.99. Violation a misdemeanor. CD5:2 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.01 Sec. 5.01. Definitions. As used in this chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: Alcoholic beverage means any beverage containing more than one-half of one percent alcohol by volume, including, but not limited to, beer, wine, and liquor as defined in this section. Applicant means any person making an application for a license under this chapter. Application means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the city and uniformly required as a prei equisite to the consideration of the issuance of a license for a business. Beer means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. This definition includes so-called "malt coolers" with the alcoholic content limits stated herein. Brewer means a person who manufactures beer for sale. Church means a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. Club means an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than 50 members; (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Such club or congressionally chartered veterans' organization must have been in existence for at least three years. Commissioner means the state commissioner of public safety. Confection containing alcohol means any confection that contains or bears not more than five percent alcohol by volume where the alcohol is in a nonliquid form by reason of being mixed with other substances in the manufacture of the confection. General food store means a business primarily engaged in selling food and grocery supplies to the public for off -premises consumption. Hotel means and includes an establishment where food and lodging are regularly furnished to transients, and which has: A. A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and CD5:3 § 5.01 EAGAN CODE B. Guestrooms in the following minimum numbers: in first class cities, 50; in second class cities, 25; in all other cities and unincorporated areas, 10. License means a document, issued by the city, to an applicant permitting him to carry on and transact the business stated therein. License fee means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. Licensed premises means the premises described in the issued license. In the case of a restaurant or a club licensed for on -sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. Licensee means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein. Liqueur -filled candy means any confectionery containing more than one-half of one percent alcohol by volume in liquid form that is intended for or capable of beverage use. Liquor means ethyl alcohol and distilled, fermented, spirituous, vinous and malt bever- ages containing in excess of 3.2 percent of alcohol by weight. This definition includes so-called "wine coolers" and "malt coolers" with the alcoholic content limits stated herein. Liquor store means an establishment used exclusively for off -sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, soft drinks, cork extraction devices, and books and videos on the use of alcoholic beverages in the preparation of food. Malt liquor means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Manufacturer means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale. Minor means any natural person who has not attained the age of 21 years. Off -sale means the sale of alcoholic beverages in original packages for consumption off the licensed premises only. On -sale means the sale of alcoholic beverages for consumption on the licensed premises only. Package and original package mean any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. CD5:4 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.02 Restaurant means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating for 50 guests. Sale, sell and sold mean all barters and all manners or means of furnishing alcoholic beverages to persons, including such furnishing in violation or evasion of law. Wholesaler means any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse. Wine means the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits, as defined in Minn. Stat. § 340A.101, subd. 9. (Code 1983, § 5.01, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86; Ord. No. 80, 2nd series, eff. 6-30-89; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 162, 2nd series, eff. 4-30-93) Sec. 5.02. Applications and licenses under this chapter —Procedure and administra- tion. Subd. 1. Application. All applications shall be made at the office of the city clerk -treasurer upon forms prescribed by the city or, if by the state, then together with such additional information as the council may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Subd. 2. False statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter or any part thereof. Subd. 3. Application and investigation fees. At the time of the initial application, an applicant for an on -sale or off -sale liquor license shall pay to the city the sum of $300.00 as a base application and investigation fee. An additional fee of $200.00 for each person or entity beyond five having an interest in the proposed liquor establishment shall be required. An escrow of $1,000.00 for applicants residing in the state and $2,000.00 for applicants residing outside of the state shall be required to reimburse the city for out-of-pocket investigative costs, said escrow to be released upon payment in full of actual investigation costs. An applicant for a beer license shall pay to the city the sum of $350.00, and an applicant for an on -sale wine license shall pay to the city the sum of $200.00, which fee shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the city in processing CD5:5 5.02 EAGAN CODE the application and the investigation thereof. An applicant for more than one license shall not be required to pay an application and investigation fee in excess of the highest fee required for any one license. No such fee shall be required of an applicant for a temporary beer license. Subd. 4. Action. A. Granting. The council may approve any application for the period of the remainder of the then -current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. B. Issuing. If an application is approved, the city clerk -treasurer shall forthwith issue a license pursuant thereto in the form prescribed by the city or the proper department of the state, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar -year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the license year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. C. License refund in certain cases. A pro rata share of an annual license fee for a license to sell liquor or beer, either on -sale or off -sale, shall be refunded to the licensee or to his estate, if: (1) the business ceases to operate because of destruction or damage; (2) the licensee dies; (3) the business ceases to be lawful for a reason other than a license revocation or suspension; or (4) the licensee ceases to carry on the licensed business under the license. D. Transfer. No license shall be transferable between persons or to a different location. Any change in individual ownership or substitution of partners is a transfer. However, a change in corporate name of a beer licensee shall not be considered a transfer if at least 90 percent of the issued and outstanding shares are in the same ownership as at the time of original application and section 5.05 has not been violated. It is unlawful to make any transfer in violation of this subparagraph. E. Refusal and termination. The council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. F. Violation. For this section, a violation shall be defined as any failure to comply with a statute, regulation or provision of the City Code relating to alcoholic beverages. An officer of the police department or an agent of the state liquor control commission who becomes aware of a violation, regardless of whether any action is taken to issue an oral or written warning, a citation or a complaint, shall prepare a written report of the CD5:6 • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.02 violation. One copy of the report shall be given to the chief of police, the licensee, and the city clerk, respectively. A violation by an officer, employee or agent of the licensee shall be deemed to be a violation by the licensee. G. Hearing. A hearing may be conducted before the city upon the recommendation of the chief of police or the city clerk, except that a hearing before the council shall be mandatory in the event that the city clerk records three violations in one year or four violations in a three-year period. The period of one year or three years shall begin from the date of the first violation to be counted and shall not be based on calendar years. The purpose for the hearing shall be to determine whether a violation has occurred and the penalty to be imposed. For the purpose of this hearing, a conviction on any criminal charge shall be conclusive of the fact that a violation has occurred; however, an acquittal shall not be conclusive that a violation did not occur. The council may, in its sole discretion, appoint an independent hearing examiner to conduct a hearing under the Administrative Procedures Act and determine whether a violation has occurred; however, the penalty shall in all cases be determined by the council. No suspension or revocation shall take effect, nor civil fine imposed, until the licensee has been afforded a hearing as provided for in this subparagraph. Such hearing shall be called by the council upon written notice to the licensee served in person or by certified mail not less than 15 nor more than 30 days prior to the hearing date, stating the date, time and purpose thereof. H. Penalty. The council shall revoke or suspend, for a period not to exceed 60 days, a license granted under the provisions of this chapter or impose a civil fine not to exceed $2,000.00, for each violation on a finding that the licensee has committed a violation as defined in subparagraph F of this subdivision. In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this chapter. In the event that a fine imposed pursuant to this subparagraph is not paid within 15 days of its imposition by the council, the license shall be permanently suspended until the fine is paid. I. Additional restrictions. As additional restrictions or regulations on licensees under this chapter, and in addition to grounds for revocation or suspension stated in the City Code or statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. J. Corporate applicants and licensees. A corporate applicant, at the time of application, shall furnish the city with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. CD5:7 § 5.02 EAGAN CODE It is the duty of each corporate licensee to notify the city clerk -treasurer in writing of any change in legal ownership or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked 30 days after any such change in ownership or beneficial interest of shares unless the council has been notified of the change in writing and has approved it by appropriate action. The council or any officer of the city designated by it may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the sharehold- ers, and the council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the council on notice to the licensee. Subd. 5. Duplicate licenses. Duplicates of all original licenses under this chapter may be issued by the city clerk -treasurer without action by the council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked "Duplicate." Subd. 6. Posting. All licensees shall conspicuously post their licenses in their places of business. Subd. 7. Resident manager or agent. Before a license is issued under this chapter to an individual who is a nonresident of the state, to more than one individual whether or not they are residents of the state, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the state as its manager or agent. Such resident manager or agent shall, by the terms of his written consent (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the state or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Subd. 8. Persons disqualified. A. No license under this chapter may be issued to: (1) a person not a citizen of the United States or a resident alien; (2) a person who within five years of the license application has been convicted of a willful violation of a federal or state law or local ordinance CD5:8 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.05 governing the manufacture, sale, distribution, or possession for sale or distribution of alcoholic beverages; (3) a person who has had an alcoholic beverage license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enter- prise, business, or firm in which any such person is in any manner interested; (4) a person under the age of 21 years; or (5) a person not of good moral character and repute. B. No person holding a license from the commissioner as a manufacturer, brewer or wholesaler may have a direct or indirect interest, in whole or in part, in a business holding an alcoholic beverage license from the city. (Code 1983, § 5.02, eff. 1-1-83; Ord. No. 5, 2nd series, eff. 11-8-83; Ord. No. 31, 2nd series, eff. 6-6-86; Ord. No. 39, 2nd series, eff. 4-17-87; Ord. No. 58, 2nd series, eff. 6-24-88; Ord. No. 63, 2nd series, eff. 6-24-88; Ord. No. 65, 2nd series, eff. 8-26-88; Ord. No. 80, 2nd series, eff. 6-30-89; Ord. No. 139, 2nd series, eff. 5-15-92) Cross reference —Administration and general government, ch. 2. Sec. 5.03. Renewal of licenses. Applications for renewal of all licenses under this chapter shall be made at least 60 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. (Code 1983, § 5.03, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.04. Delinquent taxes and charges. No license under this chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the city, are owed by the applicant and are delinquent and unpaid. For the purpose of this section, "applicant" includes persons and related persons, (1) owning at least a 50 percent beneficial interest in the proposed license or in the entity making the application, and (2) at least an undivided one-half interest in the premises proposed to be licensed, or at least a 50 percent beneficial interest in the entity owning such premises. (Code 1983, § 5.04, eff. 1-1-83) Sec. 5.05. Limitation on ownership. No person shall be granted an on -sale or off -sale liquor or an on -sale wine license at more than one location. For the purpose of this section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or if such ownership is by a member of any immediate family living in the same household, as the licensee, that person shall be deemed to be a licensee. (Ord. No. 103, 2nd series, eff. 7-27-90) CD5:9 § 5.06 EAGAN CODE Sec. 5.06. Conditional licenses. Notwithstanding any provision of law to the contrary, the council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this chapter, upon any license as it, in its discretion, may deem reasonable and justified. (Code 1983, § 5.06, eft 1-1-83) Sec. 5.07. Premises licensed. Unless expressly stated therein, a license issued under the provisions of this chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. (Code 1983, § 5.07, eff. 1-1-83) Sec. 5.08. Unlawful acts. Subd. 1. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, beer, wine or liquor on licensed premises more than 20 minutes after the hour when a sale thereof can legally be made. Subd. 2. Removal of containers. It is unlawful for any on -sale licensee to permit any glass, bottle or other container, containing beer, wine or liquor in any quantity, to remain upon any table, bar, stool or other place where customers are served, more than 20 minutes after the hour when a sale thereof can legally be made. Subd. 3. Closing. It is unlawful for any person, other than an on -sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this chapter more than 30 minutes after the legal time for making licensed sales. (Code 1983, § 5.08, eff. 1-1-83) Sec. 5.09. Conduct on licensed premises. Except as herein provided, every licensee under this chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. (Code 1983, § 5.09, eff. 1-1-83) Sec. 5.10. Sale by employee. Any sale of an alcoholic beverage in or from any premises licensed under this chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale; and every such employer is liable to all of the penalties, except criminal penalties, provided by law for such sale, equally with the person actually making the sale. (Ord. No. 65, 2nd series, eff. 8-26-88) CD5:10 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.12 Sec. 5.11. License condition and unlawful act. Subd. 1. All premises licensed under this chapter shall at all times be open to inspection by any police officer to determine whether or not this chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches or seizures. Subd. 2. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer from making such inspection. (Code 1983, § 5.11, eff. 1-1-83) Sec. 5.12. Minors as defined in section 5.01—Unlawful acts. Subd. 1. Consumption. It is unlawful for any: A. Licensee to permit any minor to consume alcoholic beverages on licensed premises. B. Minor to consume alcoholic beverages except in the household of the minor's parent or guardian, and then only with the consent of such parent or guardian. Subd. 2. Purchasing. It is unlawful for any: A. Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian. B. Minor to purchase or attempt to purchase any alcoholic beverage. C. Person to induce a minor to purchase or procure any alcoholic beverage. Subd. 3. Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor's parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of his parent or guardian. Subd. 4. Entering licensed premises. It is unlawful for any minor, as defined in this chapter, to enter licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: (1) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; (2) to consume meals; and (3) to attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of 18 years to enter licensed premises unless attending a social event at which alcoholic beverages are not served or in the company of a parent or guardian. Subd. 5. Misrepresentation of age. It is unlawful for a minor to misrepresent his age for the purpose of purchasing an alcoholic beverage. Subd. 6. Proof of age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver's license or identification card issued by this state, CD5:11 § 5.12 EAGAN CODE another state, or a province of Canada, and including the photograph and date of birth of the licensed person, or by a valid military identification card issued by the United States Department of Defense or, in the case of a foreign national, from a nation other than Canada, by a valid passport. (Code 1983, § 5.12, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86; Ord. No. 48, 2nd series, eff. 6-12-87; Ord. No. 181, 2nd series, eff. 6-24-94) Sec. 5.13. Financial responsibility of licensees. Subd. 1. Proof No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by statutes, by filing with the city a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence and, subject to the limit for one person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence. Subd. 2. Exception. This section does not apply to on -sale beer licensees with sales of beer of less than $10,000.00 for the preceding year nor to off -sale beer licensees with sales of beer of less than $20,000.00 for the preceding year nor does it apply to holders of on -sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this subdivision. Subd. 3. Documents submitted to commissioner. All proofs of financial responsibility and exemption affidavits filed with the city under this section shall be submitted by the city to the state commissioner of public safety. (Code 1983, § 5.13, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.14. Insurance certificate requirements. Whenever an insurance certificate is required by this chapter, the applicant shall file with the city a certificate of insurance showing (1) that the limits are at Least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without 30 days' written notice served upon the city. Cancellation or termination of such coverage shall be grounds for license revocation. (Code 1983, § 5.14, eff. 1-1-83; Ord. No. 11, 2nd series, eff. 4-27-84) Sec. 5.15. Gambling prohibited. It is unlawful for any licensee to keep, possess, or operate or permit the keeping, possession, or operation on licensed premises of dice or any other gambling device or permit raffles to be conducted, except as are licensed by the state gambling control board and then only except as it complies with the established policy of the city. Pull -tab sales by a nonprofit organization may be conducted in an area leased by said organization separate from the bar CD5:12 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.19 or service area. Pull -tab sales shall be made by a member or employee of the licensed organization only. Liquor sales and individuals less than the minimum age for consumption of intoxicating liquor shall not be allowed in the pull -tab area. (Code 1983, § 5.15, eff. 1-1-83; Ord. No. 40, 2nd series, eff. 11-7-86) Sec. 5.16. Consumption and possession of alcoholic beverages on streets, public property, and private parking lots to which the public has access. It is unlawful for any person to consume or possess in an unsealed container any alcoholic beverage, except as provided herein, on any (1) city park, (2) street, (3) public property, or (4) private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the council. Beer and malt liquor in nonglass containers are allowed in park or recreational areas. However, it is unlawful for any person to bring or possess beer or malt liquor into such an area in keg, barrel or case lot (24 cans) quantity. This section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. (Code 1983, § 5.16, eff. 1-1-83; Ord. No. 59, 2nd series, eff. 6-24-88) Cross reference —Streets and sidewalks generally, ch. 7. Sec. 5.17. Alcoholic beverages in certain buildings and grounds. It is unlawful for any person to introduce upon or have in his possession upon or in any public elementary or secondary school ground or any public elementary or secondary school building any alcoholic beverage, except for experiments in laboratories and except for those organizations who have been issued temporary licenses to sell alcoholic beverages, and for any person to possess alcoholic beverages as a result of a purchase from those organizations holding temporary licenses. (Ord. No. 139, 2nd series, eff. 5-15-92) Sec. 5.18. Workers' compensation. No license to operate a business shall be issued by the city until the applicant presents his employer's tax identification number and acceptable evidence of compliance with the workers' compensation insurance coverage requirements of Minnesota Statutes by providing the name of the insurance company, the policy number, and dates of coverage, or the permit to self insure. (Ord. No. 116, 2nd series, eff. 6-14-91) Sec. 5.19. Confections containing alcohol. It is unlawful for any person to sell a confection containing alcohol to any person under the age of 21 years. For purposes of this section, "confection containing alcohol" does not include "liqueur -filled candy" as herein defined. (Ord. No. 162, 2nd series, eff. 4-30-93) CD5:13 § 5.20 EAGAN CODE Secs. 5.20-5.29. Reserved. Sec. 5.30. Beer license required. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the city. This section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding beer licenses from the city. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale beer license, and may sell beer on -sale without an additional license. Any person licensed to sell liquor off -sale shall not be required to obtain an off -sale beer license, and may sell beer off -sale without an additional license. (Code 1983, § 5.30, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.31. Beer license fees. Subd. 1. The annual on -sale beer license fee is $350.00. Subd. 2. The annual off -sale beer license fee is $75.00. Subd. 3. The daily temporary on -sale beer license fee is $25.00. (Code 1983, § 5.31, eff. 1-1-83; Ord. No. 28, 2nd series, eff. 2-7-86; Ord. No. 109, 2nd series, eff. 12-28-90) Codifier's note —Minn. Stat. § 340A.408 requires a 30-day notice mailed to all affected licensees of an increase in license fees, and a hearing held. Sec. 5.32. Temporary beer license. Subd. 1. Applicant. A club or charitable, religious, or nonprofit organization, having its registered office or principal place of activity within the city, shall qualify for a temporary on -sale beer license, for serving beer on and off school grounds, and in and out of school buildings. Subd. 2. Conditions. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. B. No applicant shall qualify for a temporary license for more than a total of four days in any calendar year. (Code 1983, § 5.32, eff. 1-1-83) Sec. 5.33. Beer license restrictions and regulations. Subd. 1. Reserved. Subd. 2. No licensee shall, during the effective period of such license, be the owner or holder of a federal retail liquor dealer's tax stamp for the sale of intoxicating liquor, unless such owner or holder also holds a liquor license from the city, and ownership or holding thereof shall be grounds for immediate revocation, without a hearing. CD5:14 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.50 Subd. 3. No license shall be granted to a wholesaler or manufacturer of beer or to anyone holding a financial interest in such manufacture or wholesaling. Subd. 4. No person who has not attained the age of 18 years shall be employed to sell or serve beer in any on -sale establishment. Subd. 5. Except as otherwise provided in this chapter, no license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; day care center structure; or church structure. Subd. 6. On -sale licenses shall be granted only to bona fide clubs, restaurants and hotels. Off -sale licenses may be granted to liquor stores and general food stores. Subd. 7. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of licensee's business. (Code 1983, § 5.33, eff. 1-1-83; Ord. No. 31, 2nd series, adopted 5-6-86; Ord. No. 48, 2nd series, eff. 6-12-87; Ord. No. 103, 2nd series, eff. 7-27-90) Sec. 5.34. Hours and days of beer sales. No sale of beer shall be made between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between the hours of 1:00 a.m. and 12:00 noon on Sunday. (Code 1983, § 5.34, eff. 1-1-83; Ord. No. 65, 2nd series, eff. 8-26-88) Sec. 5.35. Unlawful acts (beer). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of beer. Subd. 2. Licensee to sell or serve beer to any person who is obviously intoxicated. Subd. 3. Licensee to sell beer on any day or during any hour when such sales are not permitted by law. Subd. 4. Licensee to allow consumption of beer on licensed premises on any day when sales of beer are not permitted by law. Subd. 5. Person to purchase beer on any day or during any hour when sales of beer are not permitted by law. (Code 1983, § 5.35, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Secs. 5.36-5.49. Reserved. Sec. 5.50. Liquor license required. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the city. This section shall not apply (1) to such potable liquors CD5:15 § 5.50 EAGAN CODE as are intended for therapeutic purposes and not as a beverage, (2) to industrial alcohol and its compounds not prepared or used for beverage purposes, (3) to wine in the possession of a person duly licensed under this chapter as an on -sale wine licensee, (4) to sales by manufacturers to wholesalers duly licensed as such by the commissioner, or (5) to sales by wholesalers to persons holding liquor licenses from the city. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale beer license, and may sell beer on -sale without an additional license. Any person licensed to sell liquor off -sale shall not be required to obtain an off -sale beer license, and may sell beer off -sale without an additional license. (Code 1983, § 5.50, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.51. Liquor license fees. Subd. 1. The annual on -sale liquor license fee is $4,000.00. Subd. 2. The annual off -sale liquor license fee is $200.00. Subd. 3. The annual Sunday liquor license fee is $200.00. Subd. 4. The annual club on -sale liquor license fee is $300.00 for a club with a membership of 200 or less; $500.00 for a club with a membership of between 201 and 500; $650.00 for a club with a membership of between 501 and 1,000; $800.00 for a club with a membership of between 1,001 and 2,000; $1,000.00 for a club with a membership of between 2,001 and 4,000; $2,000.00 for a club with a membership of between 4,001 and 6,000; and $3,000.00 for a club with a membership of more than 6,000. Subd. 5. The daily sports or convention facilities liquor license fee is $50.00. Subd. 6. The temporary liquor license fee is $150.00. (Code 1983, § 5.51, eff. 1-1-83; Ord. No. 99, 2nd series, eff. 6-15-90; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 109, 2nd series, eff. 12-28-90) Codifier's note —Minn. Stat. § 340A.408 requires a 30-day notice mailed to all affected licensees of an increase in license fees, and a hearing held. Sec. 5.52. Liquor license restrictions and regulations. Subd. 1. Reserved. Subd. 2. Reserved. Subd. 3. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the state. Subd. 4. Reserved. Subd. 5. No person under the age of 18 years shall be employed upon premises or in any rooms constituting the same, except that persons under the age of 18 years may be employed as musicians or to perform the duties of a busboy or dish -washing services in a place defined as a restaurant or hotel. CD5:16 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.52 Subd. 6. No licensee shall sell, offer for sale, or keep for sale liquor in any original package which has been refilled or partly refilled. Subd. 7. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 8. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; day care center structure; or church structure. Subd. 9. No more than one license shall be held by any person. For the purpose of this subdivision, any person owning a beneficial interest of five percent or more of any licensed establishment shall be considered a licensee. Subd. 10. On -sale licenses shall be granted only to hotels, restaurants and clubs. Subd. 11. Eighteen on -sale licenses may be authorized as of June 5, 1990. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The 18 licenses shall be distributed as follows: A. Three licenses for hotels; B. Seven licenses for restaurants with at least $350,000.00 building valuation (exclusion of leasehold improvements, equipment or common areas); and C. Eight for other restaurants. Subd. 12. A. Off -sale license applications will be reviewed by the police department. If an off -sale license is not issued within nine months after council approval, the approval shall automatically lapse. B. Each applicant shall display to the city's satisfaction that it has at least an option on a specific site for the location of an off -sale store and such other information as the city may require. The council reserves the right to determine specific compliance with this subdivision. C. All off -sale licenses shall run from the date of issuance until December 31 of that year. Fees shall be prorated if any off -sale license is issued for less than a full calendar year. Subd. 13. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. Subd. 14. It is lawful for an off -sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. CD5:17 § 5.52 EAGAN CODE Subd. 15. Coin -operated amusement devices may not be located on premises licensed for off -sale of liquor. (Code 1983, § 5.52, eff. 1-1-83; Ord. No. 11, 2nd series, eff. 4-27-84; Ord. No. 31, 2nd series, eff. 5-6-86; Ord. No. 65, 2nd series, eff. 8-26-88; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 139, 2nd series, eff. 5-5-92; Ord. No. 162, 2nd series, eff. 4-20-93; Ord. No. 173, 2nd series, eff. 1-14-94; Ord. No. 174, 2nd series, eff. 1-14-94) Sec. 5.53. Hours and days of liquor sales. Except as otherwise provided in section 5.54, no on -sale shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday. No off sale shall be made on Sunday nor before 8:00 a.m. or after 8:00 p.m. of any day, except Friday and Saturday, on which days off -sale may be made until 10:00 p.m. No off -sale shall be made on Thanksgiving Day, or Christmas Day, December 25, but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off -sales may be made until 10:00 p.m. No sale of liquor shall be made after 8:00 p.m. on December 24. (Code 1983, § 5.53, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.54. Sunday sales. The electorate of the city having heretofore authorized the same, a Sunday on -sale liquor license may be issued to hotels, motels, restaurants, or clubs, as defined in this chapter, which have on -sale licenses and which also have facilities for serving not less than 30 guests at one time. The hours of such sales shall be from 10:00 a.m. on Sunday to 1:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conform- ance with the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.411 et seq.). (Code 1983, § 5.54, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.55. Unlawful acts (liquor). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of liquor. Subd. 2. Licensee to sell liquor on any day or during any hour when sales of liquor are not permitted by law. Subd. 3. Person to purchase liquor on any day or during any hour when sales of liquor are not permitted by law. Subd. 4. Licensee to sell or serve liquor to any person who is obviously intoxicated. (Code 1983, § 5.55, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Sec. 5.56. Sports or convention facility license. The council may authorize any holder of an on -sale liquor license issued by the city or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the city or CD5:18 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.70 instrumentality thereof having independent policy -making and appropriating authority and located within the city. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. (Code 1983, § 5.56, eff. 1-1-83) Sec. 5.57. Temporary liquor license. Subd. 1. License authorized. Notwithstanding any provision of the City Code to the contrary, the council may issue a license for the temporary on -sale of liquor in connection with a social event sponsored by the licensee. Such license may provide that the licensee may contract with the holder of a full -year on -sale license, issued by the city, for liquor catering services. Subd. 2. Applicant. The applicant for a license under this section must be a club or charitable, religious, or other nonprofit organization in existence for at least three years. Subd. 3. Terms and conditions of license. A. No license is valid until approved by the commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor sale and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full -year on -sale licensee, such caterer shall provide proof of the extension of such coverage to the licensed premises. D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee. Subd. 4. Insurance required. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary liquor license on premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000.00 for injury to any one person, $300,000.00 for injury to more than one person, and $25,000.00 for property damage, naming the city as an insured during the license period. (Ord. No. 80, 2nd series, eff. 6-30-89) Secs. 5.58--5.69. Reserved. Sec. 5.70. On -sale wine. Subd. 1. On -sale wine license required. It is unlawful for any person to sell or keep or offer for sale any wine without a license therefor from the city. This section shall not apply (1) to CD5:19 § 5.70 EAGAN CODE possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connection with a legitimate religious ceremony, (2) to sales by manufacturers to wholesalers duly licensed as such by the state, (3) to sales by wholesalers to persons holding on -sale or off -sale liquor licenses from the city, or (4) to sales by wholesalers to persons holding on -sale wine licenses from the city. Subd. 2. On -sale wine license fee. A. The annual on -sale wine license fee is $400.00. B. The annual Sunday on -sale wine license fee is $100.00. Codifier's note —Minn. Stat. § 340A.408 requires a 30-day notice mailed to all affected licensees of an increase in license fees, and a hearing held. Subd. 3. On -sale wine license restrictions and regulations. A. Reserved. B. Reserved. C. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the state. D. Reserved. E. No person under 18 years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under 18 years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine is sold, provided that the person under the age of 18 may not serve or sell any wine. F. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. G. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; day care center structure; or church structure. H. No more than one license shall be held by any person. For the purpose of this subparagraph, any person owning a beneficial interest of five percent or more of any licensed establishment shall be considered a licensee. I. On -sale wine licenses shall be granted only to restaurants as defined in this chapter. Provided, however, for purposes of this section, such restaurant shall have appropri- ate facilities for seating not less than 25 guests at one time. J. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. K. Persons who hold both an on -sale wine license and an on -sale beer license and whose gross receipts are at least 50 percent attributable to the sale of food may sell intoxicating malt liquor (strong beer) at on -sale without an additional license. (Code 1983, § 5.70, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 5-6-86; Ord. No. 48, 2nd series, eff. 6-12-87; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 109, 2nd series, eff. 12-28-90; Ord. No. 139, 2nd series, eff. 5-5-92; Ord. No. 162, 2nd series, eff. 4-20-93) CD5:20 • • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.80 Sec. 5.71. Hours and days of sales by on -sale wine licensees. No on -sale of wine shall be made between 1:00 a.m. and 10:00 a.m. on Sunday nor between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday nor between the hours of 8:00 p.m. on December 24 and 8:00 a.m. on December 25. Provided, however, that the sale of wine shall be made between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Mondays, only if the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.411 et seq.). (Code 1983, § 5.71, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.72. Unlawful acts (wine). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of wine. Subd. 2. Licensee to sell wine on any day or during any hour when sales of wine are not permitted by law. Subd. 3. Person to purchase wine on any day or during any hour when sales of wine are not permitted by law. Subd. 4. Licensee to sell or serve wine to any person who is obviously intoxicated. Subd. 5. Licensee to sell wine except in conjunction with the sale of food. (Code 1983, § 5.72, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86) Secs. 5.73-5.79. Reserved. Sec. 5.80. Consumption and display —One -day license. Subd. 1. Prohibition. Reserved. Subd. 2. License required. Any nonprofit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it shall first obtain a license therefor from the city. It is unlawful for any such organization to fail to obtain such license. Subd. 3. Term. The term of such license shall be one day only. Subd. 4. Limitation on number. No more than ten licenses shall be issued in any calendar year. Subd. 5. License fee. The fee for such one -day license is $25.00. Subd. 6. Approval. In addition to council approval, such license must be approved by the commissioner of public safety. (Code 1983, § 5.80, eff. 1-1-83; Ord. No. 11, 2nd series, eff. 2-21-84) CD5:21 § 5.81 EAGAN CODE Sec. 5.81. Consumption and display. Subd. 1. Consumption and display license required. It is unlawful for any club or business establishment which does not hold an on -sale liquor license to directly or indirectly allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing with liquor, without a license therefor from the city. Subd. 2. Consumption and display license fee. The annual consumption and display license fee is $300.00. Subd. 3. Consumption and display restrictions and regulations. A. Lockers. A business establishment or club to which a license is issued under this section may allow members to bring and keep a personal supply of liquor in lockers on the establishment's premises. Every bottle, container or other receptacle containing liquor stored by such member shall attach to it a label signed by the member, shall be kept in a locker designated to the use of such member, and no other liquor shall be on the premises. B. It is unlawful for any person under 21 years of age to be assigned a locker for the storage of liquor or to consume or display or keep a supply of liquor on the establishment's premises. C. No licensee may permit a person to consume or display liquor or no person may consume or display liquor, between 1:00 a.m. and 12:00 noon on Sundays, and between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. D. The city may issue a license under this section only to: 1. An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of Minn. Stat. ch. 340A or of violating any provision of thi.4 chapter; 2. A restaurant; 3. A hotel; 4. An establishment holding a beer license issued under this chapter. 5. A resort as defined by Minnesota Statutes; and 6. A club, as defined by Minn. Stat. ch. 340A, or an unincorporated club otherwise meeting the definition of club, provided the club does not hold an on -sale liquor license. E. It is unlawful to sell liquor on premises licensed under this section. F. No consumption and display license may be issued by the city unless the business establishment or club seeking a license hereunder holds a consumption and display permit from the commissioner. It is unlawful for any person, business establishment or club, directly or indirectly, to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing with liquor, without first having obtained a permit therefor from the commissioner. (Ord. No. 161, 2nd series, eff. 4-30-93) CD5:22 • • • • • BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.99 Secs. 5.82-5.89. Reserved. Sec. 5.90. Nudity or obscenity prohibited. Subd. 1. Definitions. As used in this section, the following words and terms shall have the meanings stated: A. Nudity means uncovered or less than opaquely covered post -pubertal human genitals, pubic areas, the post -pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. B. Obscene performance means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct. C. Obscenities means those slang words, currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. D. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. E. Sexual conduct means human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. F. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. Subd. 2. Unlawful act. It is unlawful for any person issued a license provided for in this chapter to permit upon licensed premises any nudity, obscene performance or continued use of obscenities by any agent, employee, patron or other person. (Code 1983, § 5.90, eff. 1-1-83) State law reference —Obscenity, Minn. Stat. § 617.23 et seq. Secs. 5.91-5.98. Reserved. Sec. 5.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 5.99, eff. 1-1-83) CD5:23 6 Other Business Regulation and Licensing • • • • • • Chapter 6 OTHER BUSINESS REGULATION AND LICENSING* Sec. 6.01. Definitions. Sec. 6.02. Applications. Sec. 6.03. Action on application, transfer, termination and duplicate license. Sec. 6.04. Fixing license fees. Sec. 6.05. Carrying or posting. Sec. 6.06. Penalty for property owner. Sec. 6.07. Responsibility of licensee. Sec. 6.08. Conditional licenses. Sec. 6.09. Renewal of licenses. Sec. 6.10. Insurance requirements. Sec. 6.11. License denial and fixing rates —Hearing. Sec. 6.12. Workers' compensation. Secs. 6.13-6.29. Reserved. Sec. 6.30. Mechanical amusement devices. Sec. 6.31. Dancehalls. Sec. 6.32. Shows. Sec. 6.33. Reserved. Sec. 6.34. Tobacco. Sec. 6.35. Gambling. Sec. 6.36. Solicitors. Sec. 6.37. Garbage, refuse and recycling haulers. Sec. 6.38. Kennels. Sec. 6.39. Massage therapy establishment and massage therapist licenses. Sec. 6.40. Reserved. Sec. 6.41. Stables. Sec. 6.42. Golf driving range. Sec. 6.43. Pet shops. Sec. 6.44. Tree maintenance contractors' licensing. Sec. 6.45. Pawnshop license. Sec. 6.46. Paintball sport facility. Sec. 6.47. Special hunting permit. Secs. 6.48-6.98. Reserved. Sec. 6.99. Violation a misdemeanor. *Cross references —Construction licensing and permits, ch. 4; beer, wine and liquor licensing and regulation, ch. 5. CD6:1 • • • OTHER BUSINESS REGULATION AND LICENSING Sec. 6.01. Definitions. ss 6.02 As used in this chapter, the following words and terms shall have the meanings stated: Applicant means any person making an application for a license under this chapter. Application means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. Bond means a corporate surety document in the form and with the provisions acceptable and specifically approved by the city attorney. Business means any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated or both licensed and regulated by the terms and conditions of this chapter. Chief of police or police officer means city police chief, police officer or designee. License means a document issued by the city to an applicant permitting him to carry on and transact a business. License fee means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business. Licensee means the person to whom a license is issued under this chapter, including any agents or employees of the person. Minor means any natural person under the age of 18 years. Pawnbroker means a person who loans money on deposit or pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. Sale, sell and sold mean all forms of barter and all manner or means of furnishing merchandise to persons. (Code 1983, ti 6.01, eff. 1-1-83; Ord. No. 112, 2nd series, eff. 3-15-91) Sec. 6.02. Applications. All applications shall be made as follows: Subd. 1. All applications shall be made at the office of the city clerk -treasurer upon forms that have been furnished by the city for such purposes. Subd. 2. Reserved. Subd. 3. All such applications must be subscribed, sworn to, and include, but not be limited to, the following: A. Applicant's name, age and citizenship. CD6:3 § 6.02 EAGAN CODE B. Applicant's present address and length of time he has lived at that address. C. Applicant's occupation and length of time so engaged. D. Applicant's addresses and occupations for the three years last preceding the date of application. E. Names and addresses of applicant's employers, if any, for the three years last preceding the date of application. F. Whether or not applicant has ever been convicted of a felony, gross misdemeanor, or misdemeanor, including violation of a municipal ordinance but excluding traffic violations, and, if so, the date and place of conviction and the nature of the offense. G. Type of license and location of premises for which application is made. H. At least four character references if applicant has not resided in the city for two years last preceding the date of application. I. Such other information as the council shall deem necessary considering the nature of the business for which license application is made. Subd. 4. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license or permit issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter or any part hereof. Subd. 5. The city clerk -treasurer shall,- upon receipt of each application completed in accordance herewith, forthwith investigate the truth of statements made therein and the moral character and business reputation of each applicant for a license to such extent as he deems necessary. For such investigation the city clerk -treasurer may enlist the aid of the chief of police. The council shall not consider an application before such investigation has been completed. Subd. 6. Applications for renewal licenses may be made in such abbreviated form as the council may by resolution adopt. (Code 1983, § 6.02, eff. 1-1-83; Ord. No. 117, 2nd series, eff. 6-4-91) Sec. 6.03. Action on application, transfer, termination and duplicate license. Subd. 1. Granting. The council may grant any application for the period of the remainder of the then -current calendar year or for part or all of the ensuing license year. All applications, including proposed license periods, must be consistent with this chapter. Subd. 2. Issuing. If an application is approved, the city clerk -treasurer shall forthwith issue a license pursuant thereto in the form prescribed by the council upon proof of ownership, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a calendar -year basis unless otherwise CD6:4 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.05 specified herein as to particular businesses. Unless otherwise herein specified, license fees shall be prorated on the basis of '/i2 for each calendar month or part thereof remaining in the then -current license year. Provided that for licenses where the fee is less than $100.00, a minimum license fee equal to one-half of the annual license fee shall be charged. Except as to licenses which are specifically citywide, licenses shall be valid only at one location and on the premises therein described. Subd. 3. Transfer. A license shall be transferable between persons upon consent of the council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the council and upon payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this subdivision. Subd. 4. Termination. Licenses shall terminate only by expiration or revocation. Subd. 5. Refusal and revocation. The council may, for any reasonable cause, refuse to grant any application or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation of any license, the council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. Subd. 6. Duplicate license. Duplicates of all original licenses may be issued by the city clerk -treasurer, without action by the council, upon licensee's affidavit that the original has been lost and upon payment of a fee in an amount adopted by resolution of the council for issuance of the duplicate. All duplicate licenses shall be clearly marked "Duplicate." (Code 1983, § 6.03, eff. 1-1-83; Ord. No. 110, 2nd series, eff. 1-25-91; Ord. No. 117, 2nd series, eff. 6-14-91) Sec. 6.04. Fixing license fees. Except as otherwise herein provided, all fees for licenses under this chapter shall be fixed and determined by the council, adopted by resolution, and uniformly enforced. Such license fees may, from time to time, be amended by the council by resolution. A copy of the resolution setting forth currently effective license fees shall be kept on file in the office of the city clerk -treasurer and open to inspection during regular business hours. For the purpose of fixing such fees, the council may subdivide and categorize licenses under a specific license requirement, provided, that any such subdivision or categorization shall be included in the resolution authorized by this section. (Code 1983, § 6.04, eff. 1-1-83) Sec. 6.05. Carrying or posting. Every solicitor shall at all times when so engaged carry his license on his person. All other licensees shall post their licenses in their places of business near the licensed activity. CD6:5 § 6.05 EAGAN CODE Provided, however, that in the case of machine or other device licensing, the city may provide a sticker for the current license year which shall be affixed to each machine or device requiring such sticker. All licensees shall display their licenses upon demand by any officer or citizen. (Code 1983, § 6.05, eff. 1-1-83) Sec. 6.06. Penalty for property owner. It is unlawful for any person to knowingly permit any real property owned or controlled by him to be used, without a license, for any business for which a license is required by this chapter. (Code 1983, § 6.06, eff. 1-1-83) Sec. 6.07. Responsibility of licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, except as to criminal liability therefor, shall be deemed the conduct of the licensee. (Code 1983, § 6.07, eff. 1-1-83) Sec. 6.08. Conditional licenses. Notwithstanding any provision of law to the contrary, the council may, upon a finding of the necessity therefor, place such conditions and restrictions upon a license as it, in its discretion, may deem reasonable and justified. (Code 1983, § 6.08, eff. 1-1-83) Sec. 6.09. Renewal of licenses. Application for renewal of an existing license shall be made at least 30 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. (Code 1983, § 6.09, eff. 1-1-83) Sec. 6.10. Insurance requirements. Whenever insurance is required by a section of this chapter, after approval by the council, but before the license shall issue, the applicant shall file with the city clerk -treasurer a policy or certificate of public liability insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without 30 days' written notice served upon the city clerk -treasurer. Cancellation or termination of such coverage shall be grounds for license revocation. (Code 1983, § 6.10, eff. 1-1-83) CD6:6 • • • • • OTHER BUSINESS REGULATION AND LICENSING Sec. 6.11. License denial and fixing rates —Hearing. § 6.30 Subd. 1. Right to deny. The council reserves to itself the right to deny any application for a license to operate any business licensed or regulated under this chapter where such business involves service to the public; rates charged for service; use of public streets or other public property by the applicant or the public; or the public health, safety and convenience. The council may also consider the location of such business in making such determination. Provided, however, that before making such determination, the council shall hold a public hearing thereon pursuant to such notice to interested parties and the public as it may deem necessary or proper in action calling for such hearing. Subd. 2. Rates. Where, under specific provisions of this chapter, the council has reserved to itself the right to fix or approve fees, rates or charges of a licensed or regulated business, such rates shall be uniform for each category or class of service, and no licensee or proprietor of a regulated business shall claim or demand payment in excess thereof. Subd. 3. Hearing. Any applicant or licensee under this chapter who challenges denial of a license or rates fixed or approved by the council shall have a right to a hearing before the council upon written request therefor. Notice of time, place and purpose of such hearing shall be given to such persons and by such means as the council may determine in calling the hearing. (Code 1983, § 6.11, eff. 1-1-83) Sec. 6.12. Workers' compensation. No license to operate a business shall be issued by the city until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes by providing the name of the insurance company, the policy number, and dates of coverage, or the permit to self insure. (Ord. No. 117, 2nd series, eff. 6-14-91) Secs. 6.13-6.29. Reserved. Sec. 6.30. Mechanical amusement devices. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Game of skill means any device, excepting pool and billiard tables, bowling alleys and shooting lanes, but including miniatures thereof, played by manipulating special equipment and propelling balls or other projectiles across a board or field into respective positions whereby a score is established, the object of which is to secure a special number or numbers or a high or low total score or any other method used to indicate a winner, which is available to be played by the public generally at a price paid either directly or indirectly for such privilege, whether a prize is offered for the game or not. CD6:7 § 6.30 EAGAN CODE B. Coin amusement means any machine which, upon the insertion of a coin, token or slug, operates or may be operated and is available to the public generally for entertainment or amusement, which machine emits music, noise or displays motion pictures. C. Mechanical amusement device includes games of skill, coin amusement, and any electronic or so-called video games, as herein defined. Subd. 2. License required. It is unlawful for any person to keep or maintain a mechanical amusement device for use by the public without first having obtained a license therefor from the city. Subd. 3. Unlawful use and devices. It is unlawful for any person to: (1) sell or maintain a machine or device which is for gambling or contains an automatic payoff device; (2) give any prize, award, merchandise, gift, or thing of value to any person on account of operation of such device; (3) sell or maintain or permit to be operated in his place of business any mechanical amusement device equipped with an automatic payoff device; (4) equip any mechanical amusement device with an automatic payoff device; (5) permit persons under the age of 18 years to play or operate any game of skill; (6) permit the playing of coin amusement machines between the hours of 1:00 a.m. and 6:00 a.m. of any day; or (7) permit the playing of coin amusement machines within 600 feet of any church, public or parochial school or playground. (Code 1983, § 6.30, eff. 1-1-83) Sec. 6.31. Dancehalls. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Public dancing place means arr. room, place, or space open to public patronage in which dancing, wherein the public may participate, is carried on and for which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing. B. Public dance means any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing or a fee for a membership in a club and shall include any manner of holding a dance which may be participated in by the public through the payment of money, directly or indirectly. Subd. 2. Permits. It is unlawful for any person to give, hold, or conduct a public dance unless the owner or proprietor of the public dancing place or the person giving the same or in charge thereof shall first have procured a permit to hold, give, or conduct such public dance from the public authorities hereinafter designated, as hereinafter provided. Subd. 3. Issuance of a permit. Such permit shall be obtained from the city clerk after submitting an application to the city clerk for presentation to the council on the next council meeting agenda. Such permits may be issued by the council for one or more public dances or for a period of time not exceeding one year. A permit shall be issued at a fee and under such conditions as the council may, from time to time, determine. CD6:8 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.31 Subd. 4. Permit to be posted. Any person desiring a permit to hold, give, or conduct a public dance shall make application therefor by filing with the city clerk a verified application, in writing, setting forth the name and address of the person, persons, committee or organization who are to give, hold, and conduct the same; the time, duration, and place where such dance is to be held; and the area of the premises where the dance is to be given. The application shall be submitted to the city clerk who shall then refer the application to the chief of police for investigation and report before the granting of the permit. The chief of police shall return the application, along with the investigation and report of the proposed licensee, to the council to be placed on the next council meeting agenda. The council shall thereupon act upon the application and either grant or reject the same. In the case the same is granted, the council shall direct the proper officers to issue the same. The permit shall specify the names and addresses of the persons to whom issued; the amount paid therefor; and the time, duration, and place where the public dance is to be held, as well as any other conditions of approval required by the council. The permit shall be posted in a public place in the dancehall described therein during the time the public dance mentioned therein is being given, and the persons named in the permit shall be responsible under the law for the manner in which the public dance is being held and conducted. Subd. 5. Applications. All applications for such permits shall be made upon blanks furnished by the city, and they shall be accompanied, upon request, by references which shall affirmatively show by the application and references that the applicant is a person of good moral character and reputation in the community in which the applicant lives and the applicant has not, within five years prior to the making of the application, been convicted of a felony, gross misdemeanor, or of any of the provisions of this section or a law similar thereto, and no such application shall be granted to any person of bad character or who has been so convicted as aforesaid, nor to any person who is deemed likely to permit illegal behavior to occur in or around the public dance. No permit shall be issued under the terms of this section unless the council is satisfied that the place where the public dance is to be given or held is properly ventilated and equipped with necessary toilets, washrooms, lighting facilities, and that such place is not likely to become a public nuisance or detrimental to public morals. Subd. 6. Obscene or indecent behavior. No person shall, in any public dancehall, act or speak in a rude, boisterous, obscene, or indecent manner, nor shall any person to whom a permit has been issued suffer or permit any person to so act or speak therein. Subd. 7. Lights. Every public dancing place shall be brightly illuminated while in public use, and dancing therein while the lights are extinguished, dimmed, or turned low, so as to give imperfect illumination, is hereby prohibited. Subd. 8. Not to admit certain persons. It is unlawful for any person to whom a permit has been issued to permit to be or remain in any public dancing place any intoxicated person, any prostitute, any person of known immorality, nor any unmarried person under the age of 17 years, unless such person is accompanied by a parent or guardian, nor any unmarried person CD6:9 § 6.31 EAGAN CODE more than 17 and under the age of 18 years unless such person is accompanied by a parent or guardian or presents the written consent of the parent or guardian to the officer in charge of such dance. Subd. 9. Officer may attend public dances. The chief of police may, as a condition for approval of a permit, require an officer of the law be present at a public dance to be given or held thereunder during the time the public dance is being held. Such officer of the law shall be designated by the chief of police. In all cases, the fees and expenses of such officer of the law shall be paid in advance by the person to whom the permit has been issued. All premises licensed under this section shall, during all operating hours, be open to inspection by any police officer to determine whether or not this section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches or seizures. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a police officer from making such inspection. Subd. 10. Hours. No public dance shall be held or conducted between the hours of 1:00 a.m. and 6:00 a.m. of any day; provided, that no public dance shall be held or conducted on Sunday between the hours of 1:00 a.m. and 12:00 noon thereof. In all other cases, the council issuing the permit herein provided for may, if they so desire, fix the hours within which public dances may be held, not inconsistent herewith, and shall also have authority by ordinance or resolution to regulate or prohibit the same on Sunday, within the limits of the city. Subd. 11. Smoking or consumption of alcoholic beverage. Establishments having on -sale liquor licenses are specifically excluded from the provisions of this section, except that the council may, as a condition for the issuance of an on -sale liquor license, require an establishment to meet all or a portion of the -provisions of this section as a condition for the issuance of the on -sale liquor license. In all cases, the council may, as a condition to the issuance of a dancehall permit, prohibit or limit smoking or the consumption of alcoholic beverages on the premises for which a permit has been granted during the hours for which the permit is granted and two hours before and after the time set forth on the permit for the dance. No ingestion of nonprescription controlled substances shall be permitted on the premises for which a dancehall permit has been granted. Subd. 12. Numbers of persons admitted. Each permit shall set forth the maximum number of persons to be admitted to a public dance. Subd. 13. Waiver of permit. The council may determine that certain public dances or public dances at certain facilities may be conducted without a permit and shall authorize the city staff to execute a waiver or permit for such dances. Subd. 14. Disposition of fees. All fees for permits hereunder shall be paid into the general fund of the city. Subd. 15. Revocation of permit. The council may, at any time, revoke the permit and may revoke any such permit held by any person convicted of violating any of the provisions of this section. (Code 1983, § 6.31, eff. 1-1-83; Ord. No. 122, 2nd series, eff. 7-26-91) CD6:10 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.32 Sec. 6.32. Shows. Subd. 1. License required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the city. Subd. 2. Exceptions. No license shall be required in the following instances: A. Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for the students thereof only. B. Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. C. Any performance or event in or sponsored by bona fide local church and nonprofit organizations, provided that such organization shall be incorporated. [Subd. 3. Reserved.] Subd. 4. Obscenity prohibited. A. Definitions. As used in this subdivision, the following words and terms shall have the meanings stated: 1. Nudity means uncovered or less than opaquely covered post -pubertal human genitals, pubic areas, the post -pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. 2. Obscene performance means a performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct. 3. Obscenities means those slang words currently generally rejected for regular use in mixed society that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for the bodily, sexual or excretory meaning. 4. Performance means any play, motion picture film, dance, or other exhibition pictured, animated or live, performed before an audience. 5. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. 6. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female or the CD6:11 § 6.32 EAGAN CODE breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals or an act of apparent sexual stimulation or gratification. 7. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. B. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly (1) exhibit an obscene performance, or (2) directly or indirectly sell an admission ticket by other means to gain entrance to an obscene performance, or (3) directly or indirectly permit admission of a person to premises whereon there is exhibited an obscene performance. C. Any prosecution under this subdivision shall include the following elements: (1) that the average person, applying contemporary community standards, would find the performance, taken as a whole, appealing to the prurient interest of the audience; (2) that the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of "obscene performance"; and (3) that the performance, taken as a whole, lacks serious literary, artistic, political or scientific value. (Code 1983, § 6.32, eff. 1-1-83) Sec. 6.33. Reserved. (Ord. No. 32, 2nd series, eff. 5-6-86) Sec. 6.34. Tobacco. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Tobacco products means cigarettes; cigars, cheroots; stoggies; perique; granulated, plug -cut, crimp -cut, ready rubbed and other smoking tobacco; snuff; snuff flowers; cavendish; plug and twist tobacco, fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or other tobacco -related devices; and cigarette papers and wrappers. For purposes of this section, a tobacco product includes both individually packaged items, such as a pack of cigarettes or a can of chewing tobacco, and cartons containing two or more individually wrapped tobacco products. B. Self-service merchandise means open display of tobacco products that the public has access to without the intervention of an employee. C. Vending machine means any mechanical, electric or electronic device, appliance or any other medium or object designated or used for vending purposes which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products. CD6:12 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.35 Subd. 2. License required. It is unlawful for any person to, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of any tobacco, without a license therefor from the city. The license requirement includes vending machines, self-service and over-the-counter merchandising. The council is the grantor. Subd. 3. Conditions of license. A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. B. The following acts or conduct on premises licensed under this section are unlawful and shall be grounds for revocation or suspension of any license as provided by subdivision 4 of this section: 1. To sell, offer for sale, give away or deliver any tobacco product to any person under the age of 18 years. 2. To sell or dispense any tobacco products through the use of a vending machine which is located in a public place accessible to any person under the age of 18 years. 3. To keep for sale, sell or dispose of any tobacco in any form containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. Subd. 4. Suspension or revocation. A. A licensee's authority to sell cigarettes at a specific location will be suspended for 30 days if the licensee is found to have acted as prohibited in subdivision 3, above. B. A six-month suspension shall be imposed for a second violation at the same location occurring within a 12-month period. C. In the case of suspension, there shall be no License refund. D. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any officer, director, manager, or other agent or employee of any licensee. (Code 1983, § 6.34, eff. 1-1-83; Ord. No. 134, 2nd series, eff. 2-28-92) State law reference —Municipal cigarette license, Minn. Stat. § 461.12 et seq. Sec. 6.35. Gambling. Subd. 1. Purpose. To ensure that charitable gambling in the city is conducted by nonprofit organizations and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull -tabs. Subd. 2. Approval required. It is unlawful for any nonprofit organization to operate or sell pull -tabs in the city without approval from the council. CD6:13 § 6.35 EAGAN CODE Subd. 3. Applications. A. Applications for pull -tab approval shall be considered and approved by the council at regular meetings. B. Only applications submitted by eligible organizations will be considered for approval by the council. C. An applicant nonprofit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known charitable organization as determined by the city. Subd. 4. Regulations and restrictions. A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. B. Pull -tabs may be sold only in on -sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted a temporary license for the operation of pull -tabs in premises other than on -sale liquor licensed establishments for no more than four consecutive days. (Code 1983, § 6.35, eff. 1-1-83; Ord. No. 50, 2nd series, eff. 6-26-87) Sec. 6.36. Solicitors. Subd. 1. Purpose. This section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The council finds, however, that solicitors have used public streets and their direct contact with residents of the city for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This section is intended to prevent and protect against the existence of illicit, unlawful or fraudulent solicitation in the city. To protect the public's health, safety and welfare, the city deems it necessary to regulate door-to-door or street solicitation through a registration process Subd. 2. Scope of application. This section shall apply to solicitors, peddlers and transient merchants. This section shall not apply to the following: A. Newspaper/magazine carriers; B. Merchants delivering goods in the regular course of business; C. Persons who sell products of the farm or garden occupied, grown or cultivated by such person; and D. Outdoor sales on private property, which are governed elsewhere in the City Code. E. Persons who conduct garage sales, rummage sales, estate sales, multipurpose bazaar or flea markets. CD6:14 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.36 F. Auctions conducted by licensed auctioneer or by an officer of the court conducting a court -ordered sale. Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Solicitor means any person who procures or attempts to procure orders for the sale of goods, merchandise, subscriptions or services for future delivery or seeks donations for any organization by the means of going door to door. B. Peddler means any person who sells, distributes or attempts to sell or distribute for a consideration any goods for immediate delivery by the means of going door to door. C. Transient merchant means any person who sells goods on or within any public right-of-way, public park or other public property for less than six consecutive months within a calendar year. D. Goods means any tangible thing of value, but not including money, things in action or intangible personal property other than merchandise certificates or coupons as herein described. The term includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable therefrom. The term also includes retail seller -issued merchandise certifi- cates or coupons which are not redeemable for cash but to be used in lieu of cash, equal to its face value, in exchange for goods or services sold by such seller. Subd. 4. Prohibited solicitation practices. A. It is unlawful for any person to engage in solicitation, peddling or transient merchandising for any unlawful business or organizational purpose or unlawful activity. B. It is unlawful for any solicitor, peddler or transient merchant to commit any conduct constituting harassment, nuisance, theft, deceit, or menacing, troublesome or other- wise unlawful activities during the course of his sales activity. C. It is unlawful for any solicitor, peddler, or transient merchant to enter or attempt to gain entrance to any residential or business premises displaying at such entrance a sign prohibiting any solicitation. D. It is unlawful for any solicitor, peddler or transient merchant to refuse to leave any premises when requested by the owner, lessee, or person in charge thereof. E. It is unlawful for any person to engage in any activity constituting that of a solicitor, peddler or transient merchant without first being registered with the city as herein provided. F. It is unlawful for any solicitor, peddler or transient merchant to not carry the certificate of registration when engaging in sales activity. G. It is unlawful for any solicitor, peddler or transient merchant to transfer registration identification. CD6:15 § 6.36 EAGAN CODE H. It is unlawful to obstruct the free flow of either vehicle or pedestrian traffic on any street, alley, sidewalk, or other public right-of-way. I. It is unlawful for any solicitor, peddler or transient merchant to conduct any sales activity between 8:00 p.m. and 8:00 a.m. J. It is unlawful for any solicitor, peddler or transient merchant to use unreasonably loud noises or amplifying devices while engaged in sales activities. K. It is unlawful to make any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city based on the city having issued a certificate of registration to that person. Subd. 5. Registration. A. Registration form. Any organization engaged in activity constituting that of a soliciting, peddling or transient merchandising shall first have a representative complete and submit to the city clerk a registration form furnished by the city. The registrant shall provide the following information: 1. Full name, address, phone number of registrant; 2. Date of birth, driver's license number or state identification of registrant; 3. Physical description of registrant; 4. Registrant's position with business for whom he is soliciting, peddling or transient merchandising; 5. Name, address and telephone number of business organization, if any, for which the registrant is representing in his activities; 6. Describe goods/services to he :.,.,i:t or the organization for which donations are sought; 7. The days and hours of the registrant's activities; 8. For purposes of transient merchants, the location where the rek!ist.r:int trrop es to engage in sales activities; 9. Any criminal convictions, including a description of the nature of offense and penalties assessed; 10. List three cities in which the registrant was licensed or registered in the previous 12 months. 11. The make, model, year, color, state of registration and license plate number of any vehicle to be used by the registrant in his solicitation or sales activities. 12. The registrant shall also provide a list of those who will be soliciting, peddling, or transient merchandising, including full name, address, telephone number, date of birth and driver's license number. B. Nonregistration or discontinued registration. Any registrant or registered solicitor, peddler or transient merchant who violated any provision of this section or any other • • CD6:16 • • • OTHER BUSINESS REGULATION AND LICENSING § 6.37 section of the City Code, provided false or incomplete information in the registration form or has been convicted of any crime while engaged in solicitation, peddling, or transient sale of merchandise shall not be registered or, in the case of a registered solicitor, peddler or transient merchant, such registration shall be discontinued as to be deemed nonregistered. In either case, the registrant can request city council consideration at its next regular meeting occurring more than ten days after the notice of nonregistration or discontinued registration. Subd. 6. Duration of registration. Registration shall be effective for the remainder of the calendar year. (Code 1983, § 6.36, eff. 1-1-83; Ord. No. 23, 2nd series, eff. 8-23-85; Ord. No. 207, 2nd series, eff. 10-26-95) Sec. 6.37. Garbage, refuse and recycling haulers. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Garbage means all putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water -carried wastes. B. Other refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), and construction or demolition debris, excluding sand, earth, brick, stone and concrete, and trees, tree branches and wood except when stored as firewood. C. Recyclables means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse -derived fuel or other material that is destroyed by incineration is not a recyclable material. D. Targeted recyclables means metal food and beverage containers, glass food and beverage containers, newsprint, corrugated cardboard, plastics (as defined by the county), magazines,* catalogst or other materials as defined by council resolution. E. Yard waste means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by council resolution. F. Residential dwelling hauling means garbage, refuse and recycling hauling services in which the hauler specifically services an individual residential dwelling unit for the pickup of the garbage, refuse or recyclables of that individual residential dwelling unit at that specific unit, regardless of whether it is a single-family dwelling or a dwelling unit within a multiple dwelling unit structure. *Note —Effective January 1, 1992. tNote—Effective January 1, 1992. CD6:17 § 6.37 EAGAN CODE G. Commercial/multiple dwelling hauling means garbage, refuse or recycling hauling services provided to any commercial establishment or any multiple dwelling units of which all residents commingle their garbage and refuse in a dumpster or other similar container for shared pickup service by the hauler or commingle their recyclables in a dumpster or other similar container for shared pickup service by the hauler. H. Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on and shall include restaurants, clubs, churches, and schools. I. Special pickup means any collection of materials other than garbage, other refuse, recyclables or yard waste including white goods, furniture, oversized materials and construction debris. J. Daily hauling district means a residential area in which garbage, other refuse, recyclables and yard waste are collected on the same day, the boundaries and day of collection of which are defined by council action. K. Construction or demolition debris means waste building materials, packaging, and rubble resulting from construction, remodeling, repair and demolition of buildings. Subd. 2. License required. It is unlawful for any person to haul garbage, other refuse, recyclables, yard waste or food waste, without a license therefor from the city, or to haul garbage, other refuse, or recyclables, yard waste or food waste from his own residence or business property other than herein excepted. For purposes of this section, a license shall be required for hauling construction or demolition debris only in cases of hauling for hire or with a motor vehicle that has a hauling capacity of four cubic yards or greater. Subd. 3. Exception. Nothing in this section shall prevent persons from hauling garbage, other refuse, recyclables, yard wastes or food wastes from their own residences or business properties provided the following rules are observed: (1) that all garbage is hauled in containers that are watertight on all sides and the bottom and with tightfitting covers on top, (2) that all other refuse, recyclables, yard wastes and food wastes are hauled in vehicles with leakproof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo, (3) that all garbage and other refuse shall be dumped or unloaded only at a licensed solid waste facility or county -designated facility, (4) that recyclables may be disposed of at a recycling facility, an organized recyclable drive or through a licensed recyclable hauler, (5) that yard wastes may be composted privately or be disposed of at a composting facility or through a licensed refuse hauler or recyclable hauler, and (6) that food wastes may be disposed of at a food waste composting facility or processing facility or through a licensed food waste hauler. Subd. 4. Hauler licensee requirements. A. Hauler licenses shall be granted only upon the condition that the licensee has watertight packer -type vehicles or, in the case of recycling and construction or demolition debris haulers, appropriate container vehicles in condition to prevent loss CD6:18 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.37 in transit of liquid or solid cargo; that the vehicle be kept clean and as free from offensive odors as possible; and the vehicle not be parked in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. 1. There shall be four license categories defined by the type of account served: (1) commercial/multiple dwelling, (2) residential dwelling, (3) residential/multiple dwelling recycling, and (4) construction and demolition debris. 2. Commercial/multiple dwelling and residential dwelling hauling licenses include residential recycling licenses. (a) Residential recycling licensees may only collect recyclables as defined herein. 3. Residential dwelling hauling licensees shall make curbside recycling collection available to all residential dwelling accounts. Commercial/multiple-dwelling hauling licensees shall make recycling collection available to all multiple resi- dential dwelling accounts. At a minimum, such service shall include all targeted recyclables as defined herein. Commercial/multiple-dwelling hauling licensees shall make recycling collection available to all commercial establishment ac- counts no later than January 1, 1993. At a minimum, such service to commercial establishments shall include at least two targeted recyclables items as defined herein. 4. Residential dwelling hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all residential dwelling accounts within the daily hauling districts as defined by council action. (a) It is unlawful for refuse vehicles to operate on residential streets in such districts on any other day, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. 5. At a minimum, commercial/multiple dwelling hauling licensees shall make weekly collections of separated garbage, other refuse and recyclables for all multiple residential dwelling accounts no later than October 1, 1990. 6. It shall be the responsibility of the licensee that the name and telephone number of the owner of any and all containers which are located on and hauled off a construction or demolition site by the licensee be permanently affixed to each such container. B. Before a garbage, other refuse or recycling hauling license shall be issued, the applicant shall file with the city clerk -treasurer the following information evidencing insurance coverages and amounts from an insurance company authorized to do business within the state and/or a certificate of self insurance pursuant to Minnesota Statutes: 1. Auto liability coverage including all owned, nonowned and hired motor vehicles. Coverage provided should be in an amount of at least $250,000.00 for injury to or death of any one claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence, or a combined single limit of $500,000.00. CD6:19 § 6.37 EAGAN CODE 2. Workers' compensation insurance certificate as required by Minnesota Statutes. C. The council, in the interest in maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The council shall issue no more than ten residential dwelling hauling licenses. No license shall be transferable between persons or entities. Any change in individual or corporate ownership or substitution in partners shall constitute a transfer and shall automatically terminate the license. D. Each applicant shall file with the city clerk -treasurer, before a garbage and refuse hauler or recycling license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. Every licensee shall provide prior notification of any change in rates to be implemented during the licensed period. 1. Residential dwelling hauling licensees rates shall include a minimum of three levels of regular service, priced on the basis of volume or weight with a rate structure designed to encourage reduction, re -usage and recycling. Residential dwelling hauling licensees are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle. E. No hauler operating on a route in a residential district shall operate a truck on any city street when the weight of said vehicle exceeds eight tons per axle. F. No hauler shall operate in a residential district after 8:30 p.m. or before 6:30 a.m. of any day, and no hauler shall operate in a residential district on Sunday. G. Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on said vehicle. H. All residential dwelling, corn..:'rc 1!!niuItiple dwelling, and recycling hauling licens- ees shall report to the city, on the form provided for such purpose, the quantity of all recyclables and yard waste abated from the landfills. Such quantities shall be reported by tonnage, with the exception that yard waste may be reported in estimates of cubic yardage abated. Failure to certify accurate volumes in a timely manner may be cause for revocation of the hauling license. (Code 1983, § 6.37, eff. 1-1-83; Ord. No. 93, 2nd series, eff. 12-15-90; Ord. No. 130, 2nd series, eff. 11-29-91; Ord. No. 136, 2nd series, eff. 5-15-92; Ord. No. 192, 2nd series, eff. 1-12-95; Ord. No. 210, 2nd series, eff. 2-8-96; Ord. No. 213, 2nd series, eff. 3-14-96; Ord. No. 218, 2nd series, eff. 5-2-96; Ord. No. 222, 2nd series, eff. 9-12-96) Sec. 6.38. Kennels. Subd. 1. Defined. For the purpose of this section, the term "kennel" means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats or combination, over six months of age, are kept, kept for sale, or boarded. Subd. 2. License required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the city. CD6:20 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.39 Subd. 3. Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this section. Subd. 4. Zoning. No license shall be issued to a person for operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the zoning chapter of the City Code. (Code 1983, § 6.38, eff. 1-1-83; Ord. No. 12, 2nd series, eff. 4-27-84) Cross references —Dog and cat regulation and dog licensing, § 10.11; keeping, trans- porting, treatment, housing of animals and fowl, § 10.12; trapping of animals and fowl, § 10.13. Sec. 6.39. Massage therapy establishment and massage therapist licenses. Subd. 1. Statement of policy. The city recognizes and accepts therapeutic massage, as distinguished from other forms of massage, as a scientific health care and/or maintenance technique or procedure for the human muscles, tendons, tissues and the like. The city, however, equally recognizes the potential for illicit massage operations or establishments in the wake of legitimate, professional therapeutic massage establishments. Accordingly, in order to prevent or protect against the existence of illicit massage establishments or operations in the city and to protect the public's health, safety and welfare, the city deems it necessary to regulate therapeutic massage establishments and massage therapists through the licensing process. Subd. 2. Definitions. As used in this section, the following words and terms shall have the meanings stated: A. Massage therapy or therapeutic massage means a scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging and kneading of human skin, muscles and tissues for the purpose of easing mental and physical tension, the breaking up of fatty tissues and muscle spasms, and the improvement of circulation through the body. B. Massage therapy establishment means any room or rooms wherein persons may, for a fee or other consideration paid either directly or indirectly, receive a therapeutic massage. C. Massage therapist means a person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic direc- tor or trainer, or beautician or barber who confines his treatment to the scalp, face and neck, who for compensation practices and provides therapeutic massage. Subd. 3. Prohibited establishments or operations. Any use, establishment, operation or business whose massage therapy services include sessions offered to adults, conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training and susceptible to operation in a manner contravening, subverting or endangering the morals of the community by being the site of acts of prostitution, illicit sex and occasions of violent crimes are prohibited, including but not limited to: A. A sauna, defined as any public facility used for the exclusive purpose of bathing, reducing or relaxing, utilizing steam as a cleaning, reducing or relaxing agent. CD6:21 § 6.39 EAGAN CODE B. A rap parlor or conversation parlor or adult encounter group or adult sensitivity group, defined as any person, establishment or business advertising, offering, selling, trading or bartering the services of itself, its employees or agents as nonprofessional counselors, teachers or therapists who may talk to, discuss or have conversation with patrons or who deal in any way with patrons' physical senses, whether or not other goods or services are simultaneously advertised, offered, sold, traded or bartered and regardless of whether said goods or services are also required to be licensed. C. An escort service or modeling service or dancing service or hostess service are defined as any person, establishment or business advertising, offering, selling, trading or bartering the services of itself, its employees or agents as hostesses, models, dancers, escorts, dates or companions, whether or not goods or services are simultaneously advertised, offered, sold, traded or bartered and regardless of whether said goods or services are also required to be licensed. D. Any other similar adult -oriented service that falls within the uses or establishments described in this subdivision but that are operated under different names. Subd. 4. Massage therapy establishment. A. License required. It is unlawful for any person to operate a massage therapy establishment without a license therefor from the city. It is unlawful for any person to practice therapeutic massage therapy in any place except upon licensed premises. B. License application. All initial applications for licenses to operate massage therapy establishments shall by accompanied by a nonreturnable investigation fee of $300.00. This fee shall also cover the investigation fee for one massage therapist. Applications shall contain the names and addresses of the owners, lessees and operators of the applicant, together with a description and location of the premises. The application shall also include information as to any convictions of any crime or offense committed by applicant, together with such other information as the council may require before consideration of the application. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. An investi- gation by the chief building official shall be conducted of all premises proposed to be licensed before consideration by the council. The police department shall conduct an investigation of all persons proposed to be licensed before consideration by the council. All applications shall thereafter be considered by the council. C. Restrictions and regulations. 1. Licenses shall be granted only for operation on fixed premises which must be located in a commercial or industrial district as established by the zoning chapter. The total number of licenses issued shall be limited to six. 2. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. 3. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by state statutes or the City Code, shall be permitted on licensed premises. CD6:22 • • • • • OTHER BUSINESS REGULATION AND LICENSING 5 6.39 4. Violation of any law or regulation relating to building, safety or health shall be grounds for revocation of any license. 5. No doors of massage rooms, when occupied by one or more persons, shall be locked. All locks, if any, shall be keyed only from the exterior of the massage rooms. 6. Only massage therapists who are licensed by the city shall practice therapeutic massage. 7. No massage therapy establishment shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry. 8. All massage therapy establishment licensees must comply with any and all amendments to this chapter. Failure to do so shall be grounds for revocation of any license. D. Unlawful acts. 1. It is unlawful for any licensee to fail to at all times observe all restrictions, regulations and maintenance requirements contained in this section. 2. It is unlawful for any licensee to be open for business between the hours of 10:00 p.m. and 6:00 a.m. of any day. E. License condition and unlawful acts. 1. All premises licensed under this section shall, during all operating hours, be open to inspection by any health or police officer to determine whether or not this section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures. 2. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a police or health officer from making such inspection. F. Exception. This section shall not apply to a health care facility (1) owned by a municipal corporation organized under the laws of the state, or (2) owned by the state or any of its agencies, or (3) licensed by the state. G. Manager or agent. Before a license is issued under this section to an individual who is a nonresident of the city, to more than one individual whether or not they are residents of the city, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person as its on -premises manager or agent. Such on -premises manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be located at the licensed premises or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. CD6:23 § 6.39 EAGAN CODE H. License fee. The annual license fee for a massage therapy establishment shall be $300.00. This fee shall also cover the annual license fee for one massage therapist. Subd. 5. Massage therapist license. A. License required. It is unlawful for any person to practice therapeutic massage therapy without a license therefor from the city. B. License application. All initial applications shall be accompanied by a nonreturnable investigation fee of $200.00. All initial applications shall also be accompanied by front and side view photographs. Applications shall contain such other information as the council may, from time to time, require. All applicants shall be at least 18 years of age. C. Restrictions and regulations. 1. A massage therapist license shall not be issued unless the applicant provides proof of the following: (a) A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; (b) A diploma or certificate of graduation from a school, which is either accredited by a recognized educational accrediting association or agency or is licensed by the state or local government agency having jurisdiction over the school; or (c) A certificate of National Certification for Therapeutic Massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of the American Massage Therapy Association. 2. Whenever a therapeutic massage is given it shall be required by the massage therapist that the person who is receiving the massage shall have his buttocks, anus and genitals covered with an appropriate nontransparent covering. 3. Any massage therapists performing any massages shall at all times have their anus, buttocks, breasts and genitals covered with a nontransparent material. 4. All massage therapist licensees shall comply with any and all amendments to this chapter. Failure to do so shall be grounds for revocation of any license. D. License fee. The annual license fee for a massage therapist shall be $50.00. (Code 1983, § 6.39, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14-89; Ord. No. 186, 2nd series, eff. 10-13-94) Sec. 6.40. Reserved. (Code 1983, § 6.40, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14-89; Ord. No. 186, 2nd series, eff. 10-13-94) Sec. 6.41. Stables. Subd. 1. Definition. "Stable" means any yard, pen, building, structure or place where hoofed animals are kept for the purpose of renting, leasing or providing them to others for a consideration. CD6:24 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.42 Subd. 2. License required. It is unlawful for any person to operate a stable without a license therefor from the city. Subd. 3. License restrictions and regulations. A. Stables shall be permitted only upon premises zoned for agricultural uses, and then only on five -acre contiguous tracts. B. No stable shall be located within 100 feet of adjoining residences without the written permission of the adjoining owner and occupant. (Code 1983, § 6.41, eff. 1-1-83) Sec. 6.42. Golf driving range. Subd. 1. Definition. "Golf driving range" means any place located outdoors and not part of a golf course used for the purpose of striking, hitting or driving golf balls. Subd. 2. License required. It is unlawful for any person to operate a golf driving range without a license therefor from the city. A license fee shall be paid as determined by the council pursuant to section 6.04 of this chapter. Subd. 3. Restrictions and regulations. A. All golf driving ranges shall be 15 acres or more in size. B. A building shall be provided sufficient in size to house all maintenance equipment and rental shop/cashier facilities. This building must meet all health, sanitary and building code requirements. C. Bathroom facilities with handicapped access must be provided. D. The golf driving range must provide adequate safeguards to protect adjoining property from errant golf balls. E. The council may revoke or refuse to renew any golf driving range license if it reasonably determines that the area is no longer suitable or safe for such a use. F. No sound system shall be installed without prior city approval. G. Hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m. H. Adequate lighting must be provided and approved by the city prior to the issuance of a license. I. All license holders must comply with all performance standards, as amended from time to time by the council, within 45 days of the effective date for the standards. Subd. 4. Zoning. No license shall be issued to a person for operation of a golf driving range in a zoning district other than commercial or industrial. (Code 1983, § 6.42, eff. 1-1-83; Ord. No. 83, 2nd series, eff. 6-16-89) CD6:25 § 6.43 EAGAN CODE Sec. 6.43. Pet shops. Subd. 1. Definition. "Pet shop" means every place kept or maintained for the purpose of selling live dogs, cats, monkeys, hamsters, parrots, fish or other small animals, but shall not mean veterinary hospitals or kennels. Subd. 2. License required. It is unlawful for any person to operate a pet shop without a license therefor from the city. Subd. 3. Diseased animals. It is unlawful for any person to bring into the city or have in his possession for sale or otherwise any animals having an infectious disease. Subd. 4. Restrictions and regulations. The following conditions shall be complied with by all pet shop licensees. Failure to abide by these conditions shall result in the denial, revocation or nonrenewal of a pet shop license. A. The floor shall be constructed of a material that is nonabsorbent and nonadsorbent. Floors must be kept clean, sanitary and in good repair. B. Walls and ceilings shall be kept clean, sanitary and in good repair. C. All cages, pens, benches, boxes or receptacles in which animals are confined shall be of metal, glass, durable plastic or other similar durable material and must be kept clean, sanitary and in good repair and shall be sufficient in size for the humane confinement of the animals. D. All rooms containing animals shall be illuminated at least eight hours per day with a luminosity sufficient to permit routine cleaning and inspections. E. All rooms shall be mechanically ventilated for air exchange. A negative pressure must be maintained to prevent odors and organisms from entering the adjacent businesses. Provisions shall be made for preheated replacement air. Ventilation must be sufficient to prevent temperatures that would endanger the health of the animals. F. All utensils used in the preparation of food and the feeding of the animals shall be kept clean, sanitary and in good repair, and the use of utensils which are badly worn. rusted or corroded or in such condition that they cannot be rendered sanitary or clean is prohibited. G. All animals shall be kept entirely within an enclosed building, and no animal shall be kept outside at any time. H. All animals subject to distemper and infectious hepatitis must have been inoculated, prior to delivery to the pet shop, by a veterinarian licensed to practice in the state. Monkeys must have a yearly tuberculin test. I. The pet shop must include a separate room for the purpose of storing janitorial supplies and equipment. This room must contain a sink with hot and cold running water. J. All license holders must comply with all performance standards as amended from time to time by the council within 45 days of the effective date for the standards. CD6:26 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.44 Subd. 5. Zoning. No license shall be issued to a person for operation of a pet shop in a zoning district other than commercial. (Code 1983, § 6.43, eff. 1-1-83; Ord. No. 97, 2nd series, eff. 3-2-90) Cross references —Dog and cat regulation and dog licensing, § 10.11; keeping, trans- porting, treatment, housing of animals and fowl, § 10.12. Sec. 6.44. Tree maintenance contractors' licensing. Professional contractors hired to perform tree maintenance services within the city shall be required to obtain a license. This procedure shall comprise the following steps: Subd. 1. Application. Application for a license under this section shall be made at the office of the city clerk -treasurer. Subd. 2. Application form. The application for a license shall be made on a form approved by the city which shows, among other things, the name and address of the applicant, the number and names of employees of the applicant, the number of vehicles of the applicant, together with a description and license number of each, and the type of equipment proposed to be used. Subd. 3. Liability insurance. No license or renewal shall be granted nor shall the same be effective until the applicant shall file with the city clerk proof of a public liability insurance policy covering all operations of such applicant under this section for the sum of at least $100,000.00 against liability for bodily injuries to one person from one accident, $300,000.00 for the injury of two or more persons, and for at least $200,000.00 against liability for damage or destruction of property. Said policy shall provide that it may not be cancelled by the insurer, except after ten days' written notice to the city, and if such insurance is so cancelled and the licensee shall fail to replace the same with another policy conforming to the provisions of this section, said license shall be automatically suspended until such insurance shall have been replaced. Subd. 4. Bond. Before being allowed to engage in business, the applicant shall give a $2,500.00 bond to the city which shall be approved in form as to security by the city. Subd. 5. Workers' compensation insurance. Each license applicant shall file with the city clerk -treasurer a certificate of insurance of workers' compensation when such insurance is required by state statute. Subd. 6. Chemical treatment requirements. Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees and shrubs shall file with the city clerk -treasurer proof that the applicant or an employee of the applicant administering such treatment has been certified by the agronomy division of the state department of agriculture as a "commercial pesticide applicator." Such certification shall include knowledge of tree disease chemical treatment. Subd. 7. Fees. The annual license fee shall be determined by resolution of the council. (Code 1983, § 6.44, eff. 1-1-83; Ord. No. 106, 2nd series, eff. 7-27-90) CD6:27 § 6.45 EAGAN CODE Sec. 6.45. Pawnshop license. Subd. 1. License required. It is unlawful for any person to exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the city as provided in this chapter. Subd. 2. Initial license application. A. General. Applications for pawnbrokers' licenses to be issued under this chapter shall contain information as required on forms prescribed by the city clerk. Applications shall be filed with the city clerk. B. Nature of application. The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization. C. Natural person. If applicant is a natural person, the following information shall be furnished: 1. True name, place and date of birth, and street residence address and length of time at that address of applicant. 2. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. 3. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. 4. Kind, name and location of every business or occupation applicant has been engaged in during the preceding _five years. 5. Names and addresses of applicant's employers and partners, if any, for the preceding five years. 6. Whether applicant has ever been convicted of a felony, gross misdemeanor or misdemeanor including violation of a municipal ordinance, but excluding traffic violations, and if so the date and place of conviction and the nature of the offense. 7. If applicant has not resided in the city for three years last preceding the date of application, at least four character references. D. Partnership. If applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in subparagraph C, above. A managing partner or partners shall be designated. The interest of each partner in the business shall be disclosed. E. Corporation. If applicant is a corporation or other association, the following informa- tion shall be required: 1. Name and, if incorporated, the state of incorporation. 2. A true copy of the certificate of incorporation, articles of incorporation or association agreement and bylaws and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes. CD6:28 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.45 3. The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in subparagraph C, above. As used in this section, the term "operating officer" shall mean the person responsible for the day-to-day operating decisions of the licensed premises. 4. A list of all persons who, singly or together with their spouse or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of five percent or who are officers or directors of said corporation or association, together with their addresses and all information as is required of a single applicant in subparagraph C, above. F. Description of premises. 1. Legal description. The exact legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, street access parking facilities. 2. Street address. The street address of the premises for which application is made. G. Taxes. Whether or not all real estate taxes, assessments, or other financial claims of the city, state or federal government for the business and premises to be licensed have been paid and if not paid the years for which delinquent. H. Other information required. Such other information as the council shall require. Subd. 3. Renewal applications. A. License period, expiration. Each renewal license shall be issued for a maximum period of one year. All licenses shall expire on December 31 of each year. B. Time of making application. Applications for renewal of an existing license shall be made at least 90 days prior to the date of the expiration of the license and shall state that everything in the prior applications remains true and correct except as otherwise indicated. The city will mail application forms to existing licensees approximately 120 days prior to expiration of the licenses. If, in the judgment of the council, good and sufficient cause is shown by any applicant for failure to file for a renewal within the time period provided, the council may, if the other provisions of this section are complied with, grant the application. Subd. 4. Execution of application. If application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the general partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond shall be made and issued in the name of all partners. Any false statement in an application shall result in denial of the application. Subd. 5. Granting licenses. A. Investigation. At the time of making an initial or renewal application, the applicant shall, in writing, authorize the police department to investigate all facts set out in the CD6:29 § 6.45 EAGAN CODE application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the police department to release information received from such investigation to the council. The applicant shall have an oppor- tunity to review such information before it is released to the council. B. Vote required. After such investigation, the council shall grant or refuse the applica- tion. C. Each license shall be issued to the applicant only and shall not be transferable. D. Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. E. No change in ownership, control or location of a license shall be permitted except by amendment to the license, which amendment must be approved by the council. Subd. 6. Payment of fees. A. Initial fees. The annual license and investigation fees for a new license shall be paid in full before the application for the license is accepted. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the council, the license fee only shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. B. Renewal fees. The annual license fee for renewal of a license shall be paid in full at the time the renewal application is filed with the city clerk. Subd. 7. Bond required. At the time of filing an application for a license, the applicant shall file a bond in the amount of $5,000.00 with the city clerk. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the city attorney. Said bond must be conditioned that the licensee shall observe the City Code provisions, in relation to the business of pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. Subd. 8. Persons and places ineligible for license. A. No license shall be granted to or held by any person who: 1. Is a minor at the time the application is filed; 2. Has been convicted of any crime directly related to the occupation licensed, as prescribed by Minn. Stat. § 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minn. Stat. § 364.03, subd. 3; 3. Is not a citizen of the United States or a resident alien; 4. Holds an intoxicating liquor license under chapter 5 of the City Code; or 5. In the judgment of the council, is not the real party in interest or beneficial owner of the business operated or to be operated under the license. CD6:30 • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.45 B. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. ch. 278, questioning the amount or validity of taxes, the council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. Subd. 9. Conditions of licenses. A. Records. Every licensee, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in a book consisting of ink, computer printout or other indelible medium, the following information: 1. An accurate description of the article, in English, and any numbers written, stamped, impressed or engraved thereon, together with the name of the manu- facturer if the name is on the article; 2. The amount of money loaned upon or pledged therefor; 3. The date, time and place of receipt of the item; 4. The name, residence address, date of birth and reasonably accurate description of the person from whom the items were received; and 5. The identification number from one of the following forms of identification of the person from whom the item was received: (a) A valid Minnesota driver's license; (b) A valid Minnesota identification card; or (c) A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification. B. Disposition of articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and identification of the person to whom sold as specified in subdivision 9, subparagraph A, hereof. C. Inspection of records. The records referred to in this section shall be open to the inspection of the city police officers at all reasonable times and shall be retained by the licensee for at least four years. D. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles a certificate numbered to correspond with the entry in the licensee's records. The certificate shall contain the substance of the entry. E. Reports to police. Each licensee shall prepare and deliver to the chief of police, every day before 12:00 noon, on forms prescribed by the city clerk, a legible, correct and complete copy from the records hereinbefore required and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged, CD6:31 § 6.45 EAGAN CODE pawned, sold or otherwise disposed of during the preceding day. The report and description shall be signed and delivered, in person, by the person making the report to the chief of police unless otherwise directed, in writing, by the chief of police. F. Exceptions to reports. No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the police department when demanded. G. One -hundred -twenty -day redemption period. Any person pledging, pawning or depos- iting an article for security shall have a minimum of 120 days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. H. Minimum period before redemption or sale. No personal property on deposit with any licensee nor property purchased by or sold to or in any other ways coming into the possession and under the control of any licensee in the due course of business shall be permitted to be redeemed from the place of business of the licensee for a period of 72 hours, nor shall the property be sold within ten days after the copy and statement required to be delivered to the chief of police has been delivered. I. Police restrictions on sale. Whenever the chief of police shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the chief of police. Such time shall in no case exceed the period of six months from the date of snch uot,itication. J. Payment by check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. K. Posting license. All licensees shall post their licenses, in a conspicuous place, in the licensed premises near the licensed activity. L. Responsibility of licensees. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. M. Penalty for property owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this chapter. Subd. 10. Restricted hours of operation; minors. A. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. CD6:32 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.45 B. No licensee shall purchase or receive personal property, of any nature, on deposit or pledge from any minor. Subd. 11. Inspection. A. Stolen goods. Any licensee shall, at all reasonable times during the term of the license, allow any city police officer to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any city police officer. B. Inspection by claimed owner. All goods, wares or merchandise coming into the possession of any licensee, under the terms hereof, shall at all reasonable times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by the city police officer. Subd. 12. Corporations, partnerships or associations. A. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the council, in which event said license shall continue in force until the end of the then -current license year. B. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the council, in which event said license shall continue in force until the end of the then -current license year. C. Corporations, partnerships or associations shall submit written notice to the city clerk of any such changes described herein on or before 60 days prior to the effective date of any such change and pay any fee required by section 6.04 for an amendment to the license. In the case of a corporation, the licensee shall submit written notice to the city clerk when a person not listed in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this chapter. Subd. 13. Refusal, suspension or revocation. A. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application or any omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void. Prior issuance is of no effect to protect the applicant from prosecution for violation of this section or any part hereof. B. The council may suspend or revoke a license issued under this section for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced CD6:33 § 6.45 EAGAN CODE pursuant to the provisions of Minn. Stat. ch. 278, questioning the amount or validity of taxes, the council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. C. The council may suspend or revoke a license issued under this section upon a finding of a violation of any of the provisions of this chapter or any state statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. D. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension of a license by the council shall be preceded by a public hearing conducted in accordance with Minn. Stat. §§ 14.57-14.69. The council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten days prior to the hearing, shall include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. (Code 1983, § 6.45, eff. 1-1-83; Ord. No. 112, 2nd series, eff. 3-15-91) Sec. 6.46. Paintball sport facility. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Paintball means a round, thin-skinned gelatin capsule filled with a nontoxic, noncaustic, water-soluble and biodegradable colored liquid specifically designed and manufactured to be expelled from a Paintball gun. B. Paintball facility means any building, structure or location at which a paintball game is played. C. Paintball game means a game or sport, for adult recreational purposes, of which the objective is to tag opposing players with a paintball expelled or discharged from a paintball gun. D. Paintball gun means a gun from which 0.68 caliber paintballs are expelled by the use of CO2 pressure set for a maximum velocity of 250 feet per second. Subd. 2. License required. It is unlawful for any person to operate a paintball facility without first obtaining a license therefor from the city. Subd. 3. License application. All applications for a license for the operation of a paintball facility shall be made on a form furnished by the city which states, among other things, the name and address of the applicant, the owner and operator of the paintball facility, the name and address of the paintball facility, and the approval of the fire marshal and police chief of the paintball facility. CD6:34 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.47 Subd. 4. Licensing requirements. No license shall be issued hereunder unless the following conditions are met, and any license issued hereunder shall be subject to the following conditions: A. The paintball facility shall provide solely for indoor paintball games; no paintball game shall be played outdoors. B. It is unlawful to discharge or otherwise fire a paintball gun except on an indoor paintball field while engaged in a paintball game. C. It is unlawful to discharge or otherwise fire a paintball gun at another person who is not equipped with protective face gear as approved by International Paintball Players Association (IPPA). D. It is unlawful for any person under 14 years of age, or any person 14 or 15 years of age without the accompaniment of a parent or guardian, to participate in any paintball game or be in possession of any paintball gun on the licensed premises. E. It is unlawful to carry a paintball gun while off the paintball field without the barrel plug engaged. F. Paint guns not meeting the definition set forth in subdivision 1 herein are prohibited on the licensed premises. G. The paintball field on which the paintball game is played shall be at a minimum of 7,000 square feet and completely enclosed by plexiglass. H. The licensee shall provide all persons engaged in a paintball game with protective gear as recommended and approved by the IPPA. I. It is unlawful to allow alcohol on the licensed premises, and the licensee shall prohibit any person reasonably believed to be under the influence of alcohol or a controlled substance from playing paintball on the premises. Subd. 5. Noncompliance. Failure to comply with any licensing requirement set forth in this section or any other violation of the City Code shall constitute sufficient cause for the termination of the license by the council following a public hearing. (Ord. No. 170, 2nd series, eff. 10-29-93) Sec. 6.47. Special hunting permit. Subd. 1. It is unlawful for any person to participate in any special hunting season, which is established by the city council for purposes of wildlife management and does not conflict with any state law or regulation, without first obtaining a permit therefor from the police chief or designee. Subd. 2. All applications for a permit for special hunting within the city shall be made on a form furnished by the city and accompanied with the required permit fee, the amount of which shall be set by city council. CD6:35 § 6.47 EAGAN CODE Subd. 3. No permit shall be transferable between persons, and it shall be unlawful to make any transfer in violation of this section. (Ord. No. 211, 2nd series, eff. 2-15-96) Secs. 6.48-6.98. Reserved. Sec. 6.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 6.99, eff. 1-1-83) CD6:36 • • 7 Streets and Sidewalks Generally • • • • • • Chapter 7 STREETS AND SIDEWALKS GENERALLY* (THIS CHAPTER CONTAINS PROVISIONS AS TO DEFINITIONS, APPLICATION AND SCOPE RELATING TO CHAPTERS 8 AND 9 AS WELL AS THIS CHAPTER) Sec. 7.01. Definitions. Sec. 7.02. Application. Sec. 7.03. Scope and orders of officers. Sec. 7.04. Traffic and parking control. Sec. 7.05. Obstructions in streets. Sec. 7.06. Street openings or excavations. Sec. 7.07. Parades. Sec. 7.08. Regulation of grass, weeds, trees, and landscaping. Sec. 7.09. Limiting time of railway -street crossing obstruction. Sec. 7.10. Curb and gutter, street and sidewalk painting or coloring. Sec. 7.11. Motorized vehicles prohibited on boulevards and sidewalks. Sec. 7.12. Certain motorized vehicles permitted on boulevards —Regulation. Secs. 7.13-7.98. Reserved. Sec. 7.99. Violation a misdemeanor or petty misdemeanor. *Cross references —Public works department, § 2.34; consumption and possession of alcoholic beverages on streets, § 5.16; traffic regulations, ch. 8; parking regulations, ch. 9; traffic visibility, § 11.10, subd. 7. CD7:1 • • • STREETS AND SIDEWALKS GENERALLY § 7.04 Sec. 7.01. Definitions. Except as otherwise defined in the City Code or where the context clearly indicates a contrary intent, the words and terms defined in Minn. Stat. ch. 169, shall be applicable to City Code chapters 7, 8 and 9. For purposes of chapter 8 only, the following words shall have the meaning stated: "street" or "highway" means the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right, for the purpose of vehicular traffic, and any private road or driveway used for vehicular access to any business establishment. (Code 1983, § 7.01, eff. 1-1-83; Ord. No. 84, 2nd series, eff. 6-16-89) Sec. 7.02. Application. The provisions of City Code, chapters 7, 8 and 9, are applicable to the drivers of all vehicles and animals upon streets, including, but not limited to, those owned or operated by the United States, the state, or any county, town, city, district, or other political subdivision. (Code 1983, § 7.02, eff. 1-1-83) Sec. 7.03. Scope and orders of officers. Subd. 1. Scope. The provisions of chapters 7, 8 and 9 relate exclusively to the streets, alleys and private roads in the city, and the operation and parking of vehicles refer exclusively to the operation and parking of vehicles upon such streets, alleys and private roads. Subd. 2. Orders of an officer. It is a misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of any police or peace officer invested by law with authority to direct, control or regulate traffic. (Code 1983, § 7.03, eff. 1-1-83) Sec. 7.04. Traffic and parking control. Subd. 1. Council action. No device, sign or signal shall be erected or maintained for traffic or parking control unless the council shall first have approved and directed the same, except as otherwise provided in this section; provided, that when traffic and parking control is marked or signposted, such marking or signposting shall attest to council action thereon. Subd. 2. Temporary restrictions. The city, acting through the chief of police or the director of public works, may temporarily restrict traffic or parking for any private, public or experimental purpose. It is the duty of the chief of police or the director of public works to so restrict traffic or parking when a hazardous condition arises or is observed. Subd. 3. Traffic restrictions and prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street or contrary to signposted, fenced, or barricaded restrictions or prohibitions. Subd. 4. Parking restrictions and prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on any curb or contrary to signposted, fenced, or barricaded restrictions or prohibitions. CD7:3 § 7.04 EAGAN CODE Subd. 5. Damaging or moving markings. It is a misdemeanor for any person to deface, mar, damage, move, remove, or in any way tamper with any structure, work, material, equipment, tools, sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the city or is an agent, employee or contractor for the city or other authority having jurisdiction over a particular street and acting within the authority or scope of a contract with the city or such other authority. (Code 1983, § 7.04, off. 1-1-83) Sec. 7.05. Obstructions in streets. Subd. 1. Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the council, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. Subd. 2. Fires. It is a misdemeanor for any person to build or maintain a fire upon a street. Subd. 3. Dumping in streets. It is a misdemeanor for any person to throw, deposit, track or place onto any street any dirt, soil or clay, waste or abandoned products, including, but not limited to: any nails; soil; glass or glassware; cans; cloth or clothing; metal scraps; garbage; leaves; grass or tree limbs; paper or paper products; shreds or refuse; oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this section to haul any such material, inadequately enclosed or covered, or to fail to remove any dirt, soil or clay froc;, a motor vehicle thereby permitting the same to fall upon streets. It is also a violation of this section to place or store any building materials or waste resulting from building construction or demolition 09 any street without first having obtained a written permit from the council. Subd. 4. Signs and other structures. Except as otherwise permitted by the City Code, it is a misdemeanor for any person to place or maintain a sign, advertisement, or other structure in any street without first having obtained a written permit from the council. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon such terms and conditions as may be set forth in the zoning or construction provisions of the City Code. Subd. 5. Placing snow or ice in a roadway or on a sidewalk. A. It is a misdemeanor for any person, not acting under a specific contract with the city or without special permission from the city, to remove snow or ice from private property and place the same in any street right-of-way. B. Where permission is granted by the city administrator, the person to whom such permission is granted shall be initially responsible for payment of all direct or indirect CD7:4 • • • • • STREETS AND SIDEWALKS GENERALLY § 7.06 costs of removing the snow or ice from the street or sidewalk. If not paid, collection shall be by civil action or assessment against the benefited property as any other special assessment. Subd. 5.1. Tracking dirt, clay or soil onto streets. A. Any person who has a motor vehicle upon any construction site or area shall remove any dirt, clay, soil or other similar substance from such motor vehicle before driving upon any street right-of-way in order that such dirt, clay or soil shall not be deposited upon the street. It shall be the responsibility of the construction project's development contract obligee and permit holder to immediately clean up any siltation, dirt, clay or soil deposited upon any street right-of-way as a result of motor vehicle traffic from such construction site or area or improper or insufficient erosion control measures on such construction site or area. B. All direct or indirect costs incurred by the city for the removal of any siltation, dirt, clay or soil deposited upon any street not so removed as required in subparagraph A, above, shall be charged to the development contract obligee or permit holder. Subd. 6. Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. Subd. 7. Condition. Before granting any permit under any of the provisions of this section, the council may impose such insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of such obstruction. (Code 1983, § 7.05, eff. 1-1-83; Ord. No. 152, 2nd series, eff. 12-11-92) Sec. 7.06. Street openings or excavations. It is a misdemeanor for any person, except a city employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the city, to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the city as herein provided. Subd. 1. Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation, and such other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the city. Subd. 2. Investigation and payment of estimated costs. Upon receipt of such application, the city shall cause such investigation to be made as it may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary CD7:5 § 7.06 EAGAN CODE repairs due to weather or other conditions, and the cost of such investigation shall be included in such estimate. Payment of such estimated costs shall be made before the permit is issued. Subd. 3. Protection of the city and the public. A. Noncompletion or abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith or shall cease or be abandoned without due cause or is determined to be unacceptable, the city may, after 48 hours' notice in case of a nonemergency, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. In an emergency where it is necessary to eliminate an existing hazard, the city may perform such work without prior notice. B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the city satisfactory evidence in writing that the applicant will keep in effect public liability insurance of not less than $100,000.00 for any person, $300,000.00 for any occurrence and property damage insurance of not less than $25,000.00, issued by an insurance company authorized to do business in the state on which the city is named as a coinsured. C. Indemnification. Before issuance of a permit, the applicant shall, in writing, agree to indemnify and hold the city harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work or any expense whatsoever incurred by the city incident to a claim or action brought or commenced by any person arising therefrom. Subd. 4. Issuance of permit. The cite shuli issue such permit after (1) completion of such investigation, (2) payment by the applicant in advance of all estimated costs as aforesaid; (3) agreement by the applicant to the conditions of time and manner as aforesaid; (4) agreement in writing by the applicant to pay all actual cost of repairs over and above such estimate, and (5) agreement in writing by the applicant to be bound by all of the provisions of this ,action. Subd. 5. Repairs. All temporary and permanent repairs, including backfilling, compacting and resurfacing shall be the responsibility of the applicant and shall be performed in accordance with standards adopted by the city. In the event that the applicant does not fulfill such responsibility, the work may be performed, repaired or replaced by the city. Subd. 6. Cost adjustment. As to the payment already made, within 60 days following completion of permanent repairs, the city shall determine actual costs to the city and prepare and furnish to such permit holder an itemized statement thereof and claim additional payment from or make refund, without interest, to the permit holder, as the case may be. Subd. 7. Alternate method of charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the city may charge on the basis of surface square feet CD7:6 • • • • • STREETS AND SIDEWALKS GENERALLY § 7.07 removed, excavated cubic feet, or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged. In lieu of a cash deposit a letter of credit, in a form acceptable to the city attorney, may be filed. (Code 1983, § 7.06, eff. 1-1-83) Sec. 7.07. Parades. Subd. 1. Definition. The term "parade" means any movement of vehicles, persons or animals or any combination thereof, which either moves together and as a body so as to in some way impede or affect the free and unobstructed flow of vehicular or pedestrian traffic or which moves so that some part thereof is in violation of one or more traffic laws or regulations, if such movement is without a permit hereunder. Subd. 2. Permit required. It is a misdemeanor to sponsor or participate in a parade for which no permit has been obtained from the city, and it is also a misdemeanor to obtain a parade permit and not conduct the same in accordance with the permit granted by the city. Application for such permit shall be made to the city administrator at least 15 days in advance of the date on which it is to occur and shall state the sponsoring organization or individual, the route, the length, the estimated time of commencement and termination, the general composition, and such application shall be executed by the individuals applying therefor or the duly authorized agent or representative of the sponsoring organization. Subd. 3. Investigation. The city shall forthwith refer all applications for parades to the chief of police for his consideration, which shall take no longer than seven days. If any county or state trunk highways are in the route, the chief of police shall make all necessary arrangements with the appropriate authority for alternate routes or whatever may be necessary. If the chief of police finds that such a parade will not cause a hazard to persons or property and will cause no great inconvenience to the public and if he is able to make arrangements for necessary direction and control of traffic, he shall endorse his acceptance and return the application to the city. If the chief of police finds the parade described in the application to be a hazard, a substantial inconvenience, or if he is unable to make adequate arrangements for direction or control of traffic, he shall return the same to the city with his findings. Subd. 4. Council action. The city shall refer the application and results of investigation to the council at its next regular meeting. The council may either (1) deny the permit, (2) grant the permit, or (3) grant the permit with conditions, including a date, time or route. Subd. 5. Unlawful acts. A. It is unlawful for any person to hamper, obstruct, or impede or interfere with any parade, parade assembly or any person, animal or vehicle participating in the parade. B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade when such parade is in motion. C. It is unlawful for any person to enter into a parade without prior authorization from the parade chairman. CD7:7 § 7.07 EAGAN CODE Subd. 6. Exceptions. This section shall not apply to (1) funeral processions, or (2) a governmental agency acting within the scope of its functions. (Code 1983, § 7.07, eff. 1-1-83) Sec. 7.08. Regulation of grass, weeds, trees, and landscaping. Subd. 1. City to control landscaping and irrigation. A. In no cases shall prohibited species be planted within street rights -of -way. Prohibited species are defined as the following trees: Ginkgo (female only) Box elder Non -disease -resistant elm species Nonhybrid cottonwood species B. The city shall have control and supervision of planting shrubs and trees upon or overhanging all city streets or other public property. The city shall establish and enforce uniform standards relating to the kinds, types, and sizes of trees to be planted, installation, standards, and the placement thereof. Said standards shall be on file in the office of the city forester. C. Any owner or occupant of a lot or land parcel abutting a public street shall, prior to the planting of trees and shrubs or installation of irrigation systems within the street right-of-way, obtain written permission from the city. Permits, when so issued, shall identify the species to be planted, size, location thereof, and timeline for installation. The city shall retain the authority to regulate, authorize or deny any request for said permit in the interest of en,u' inrr, ,:en'=ral orderliness of improvements within street rights -of -way. D. The placement of trees and shrubs in public places and ,treat rights -or-way -hall be in compliance with the following city standards: 1. Trees shall not be planted within ten feet, horizontally, of any sewf.r- water line or driveway or within four feet of any public trail or sidewalk. 2. The placement of trees and shrubs within public rights -of -way shall not disturb any ground within two feet, horizontally, of any gas lines, electric lines, phone lines, or cable television lines, except in those specific cases where utility easements provide for wider setback requirements. 3. Any new trees planted within a street right-of-way shall be spaced no closer than 20 feet apart and must be at least ten feet from the back of curb in an urban section or 20 feet from the edge of pavement in a rural section. 4. Trees, shrubbery, and other plant material shall not be planted or maintained, on public or private property, in such a manner as to obscure or impede the visual sightliness required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trails, and sidewalks. Trees, shrubbery or CD7:8 • • • • • STREETS AND SIDEWALKS GENERALLY § 7.08 other plant material shall not be planted as to block the visibility of any regulatory, warning, or street identification sign or block the illumination of streetlights. The city shall have the authority to determine the minimal amount of required setback and clear zones in such circumstances. Property owners in violation of said requirements shall be given written notice, which notice shall be given by mail to their last known address, to remove, relocate, or trim all related plant materials in compliance with the directives given therein. If any owner or occupant fails to assume the responsibility of these requirements, the city may proceed to order the work done in accordance with subdivisions 5 and 6 of this section. 5. Overhanging branches of all deciduous trees, planted within street rights -of -way shall, at the time of maturity, be at least 131/2 feet above street surfaces and at least eight feet above the ground for all other public places. This requirement includes trees that are planted on private property, but overhang within public areas or rights -of -way. 6. The city may establish a master plan for street tree planting. The plan shall identify those streets which have been designated by the council for the planting of said boulevard trees. In accordance with the master plan, responsibility for the planting and maintenance of boulevard trees shall be the responsibility of the city, except for new subdivisions where the developer shall be responsible for planting boulevard trees. The planting and maintenance of trees within residen- tial street rights -of -way, not included in the city's master street tree planting plan, shall be the responsibility of the abutting property owners. In such cases, the property owner shall first obtain, from the city forester, a written permit to plant, in accordance with the requirements of this subdivision. E. The city shall establish and enforce uniform standards for the pruning, spraying, fertilization, irrigation or other maintenance of trees planted or located within the public right-of-way. Such standards shall be kept on file in the office of the city forester. F. It is unlawful ror any person to deface, destroy, or tamper with any trees or landscaping on public property, including trees within street rights -of -way. G. A tree within a public right-of-way shall not be used for signs, permanent lighting, television antennas, or other inappropriate uses. H. Removal of trees and shrubs from public property shall be by city permit only. Subd. 2. Duty of property owners to establish turfgrass within street rights -of -way. It is the primary responsibility of any owner or occupant of property abutting on any street to establish suitable turfgrass, from the line of such property nearest to such street to the centerline of such street, within a period of one full growing season from the completion of final grading or date of occupancy, whichever is sooner. Subd. 3. Duty of property owners to maintain turfgrass within street rights -of -way. Every owner of property abutting on any street shall be responsible for the maintenance of suitable CD7:9 § 7.08 EAGAN CODE turfgrass from the line of such property nearest to such street to the curbline of such street. If the grass or weeds in such a place attain a height in excess of six inches, it shall be prima facie evidence of a failure to comply with this subdivision. Subd. 4. Duty of property owners to maintain trees within street rights -of -way. Every owner of property abutting city street rights -of -way shall, in accordance with standards on file in the office of the city forester, maintain, trim, fertilize and irrigate all living trees or remove any dead or nonconforming trees from the line of such property nearest to such street to the centerline of such street. It is the lawful duty of citizens to follow such city standards, except in those cases where the city has declared certain boulevards to be under the maintenance jurisdiction of city departments. Subd. 5. City may order work done. If any such owner or occupant fails to assume the responsibility of this section, and after notice given by the city has not within seven days been complied with, the city may perform such work, keeping accurate account of the cost thereof for each lot, piece, or parcel abutting upon such street. Subd. 6. Assessment. When maintenance work is performed by the city as prescribed herein, the city forester shall forthwith, upon completion thereof, ascertain the cost of such maintenance work. The city clerk -treasurer may, at the next meeting, present such informa- tion to the council and obtain its approval thereof. When the council deems fitting, it may extend these maintenance costs as herein stated as a special assessment against abutting land, and such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessments are certified and collected. (Code 1983, § 7.08, eff. 1-1-83; Ord. No. 106, 2nd series, eff. 7-27-90) Sec. 7.09. Limiting time of railway -street crossing obstruction. It is a misdemeanor for any person operating or in charge of a railroad train, car, engine, locomotive, or other railroad equipment or combination thereof to so operate, park or leave the same standing upon the railroad at its intersection with a street, so as to prevent unobstructed vehicular traffic on such street for a period longer than 15 minutes. (Code 1983, § 7.09, eff. 1-1-83) Sec. 7.10. Curb and gutter, street and sidewalk painting or coloring. It is unlawful for any person to paint, letter or color any street, sidewalk or curb and gutter for advertising purposes or to paint or color any street, sidewalk or curb and gutter for any purpose, except as the same may be done by city employees acting within the course or scope of their employment. Provided, however, that this provision shall not apply to uniformly coloring concrete or other surfacing or uniformly painted house numbers, as such coloring may be approved by the city engineer. (Code 1983, § 7.10, eff. 1-1-83) CD7:10 • • • • • • STREETS AND SIDEWALKS GENERALLY § 7.99 Sec. 7.11. Motorized vehicles prohibited on boulevards and sidewalks. Except as provided in this chapter or chapter 11, it is unlawful for any person to drive, operate or park a motor vehicle on any boulevard, public sidewalk or public property designated for use as a pedestrian walkway or bicycle trail, except when crossing the same for ingress and egress via a driveway to private property Lying on the other side thereof. (Ord. No. 152, 2nd series, eff. 12-11-92) Sec. 7.12. Certain motorized vehicles permitted on boulevards —Regulation. Subd. 1. Public utility maintenance vehicles. Notwithstanding the provisions of the City Code under which motor vehicles are prohibited on boulevards and sidewalks, any person who is an employee or agent of a public utility company or cooperative and, within the course and scope of such employment or agency, needs direct access to an area within a boulevard for the exclusive purpose of maintaining any public utilities, excluding any activity that requires a public improvement to be removed, replaced or modified, may drive, operate or park a motor vehicle on such boulevard within the course and scope of such activity upon the city's issuance of an annual permit to the public utility company or cooperative that employs such person. Subd. 2. Construction vehicles. Notwithstanding the provisions of section 7.11 herein, any person requiring temporary access upon any boulevard or across any boulevard to such person's abutting private property, for construction or other similar purposes, may drive, operate or park or permit another to drive, operate or park any construction vehicle, construction equipment or any other motor vehicle upon or across any boulevard or public sidewalk within the course and scope of such construction or other similar activity upon the issuance of a written permit by the city. Subd. 3. City vehicles. Notwithstanding the provisions of section 7.11 herein, any city employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the city may drive, operate or park a motor vehicle on any boulevard without a permit issued by the city, subject to any regulations under any administrative policy adopted by the city. Subd. 4. Performance standards. All persons permitted to drive, operate and park a motor vehicle as in accordance with subdivisions 1 and 2, above, shall be subject to those standards and regulations set forth in any permit issued pursuant to this section. (Ord. No. 152, 2nd series, eff. 12-11-92) Secs. 7.13-7.98. Reserved. Sec. 7.99. Violation a misdemeanor or petty misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as follows: Subd. 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor; where a violation CD7: 11 § 7.99 EAGAN CODE is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor; where he stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, he shall be punished as for a misdemeanor. Subd. 2. As to any violation not constituting a misdemeanor under the provisions of subdivision 1 hereof, he shall be punished as for a petty misdemeanor. (Code 1983, § 7.99, eff. 1-1-83) CD7:12 • • 8 Traffic Regulations • • • • • Chapter 8 TRAFFIC REGULATIONS* (SEE CHAPTER 7 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER) Sec. 8.01. Minnesota Statutes, chapters 168, 169 and 171 adopted by reference. Sec. 8.02. Truck route. Sec. 8.03. U-turns. Sec. 8.04. Left turns prohibited. Sec. 8.05. Exhibition driving. Sec. 8.06. Snowmobile rules and regulations. Sec. 8.07. Recreational motor vehicle rules and regulations. Sec. 8.08. Motorized golf cart use by persons with mobility impairment. Secs. 8.09-8.98. Reserved. Sec. 8.99. Violation a misdemeanor or petty misdemeanor. *Cross references —Police department, § 2.31; disposal of abandoned motor vehicles, § 2.70; streets and sidewalks generally, ch. 7; parking regulations, ch. 9; abandoning of motor vehicle, § 10.50; junk cars, § 10.51; prohibited use and parking of mobile homes and recreational camping vehicles, § 10.52; traffic visibility, § 11.10, subd. 7. State law reference —Traffic regulations, Minn. Stat. § 169.01 et seq. CD8:1 • • • TRAFFIC REGULATIONS § 8.05 Sec. 8.01. Minnesota Statutes, chapters 168, 169 and 171 adopted by reference. Except as otherwise provided in this chapter or in chapters 7 and 9 of this Code, the regulatory and procedural provisions of Minn. Stat. ch. 168, ch. 169 (commonly referred to as the Highway Traffic Regulation Act) and ch. 171, as amended through Laws 1996, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. (Code 1983, § 8.01, eff. 1-1-83; Ord. No. 182, 2nd series, eff. 6-24-94) Sec. 8.02. Truck route. It is unlawful for any person to drive a tractor, agricultural implement, truck over 9,000 pounds gross vehicle weight, truck -trailer, tractor -trailer or truck tractor in through traffic, upon any street except those which have been designated and signposted as truck routes. For the purpose of this chapter, "through traffic" means originating without the city and with a destination without the city, as distinguished from "local traffic," which means traffic either originating or having a destination within the city. (Code 1983, § 8.02, eff. 1-1-83) Sec. 8.03. U-turns. It is unlawful for any person to operate a motor vehicle by turning so as to proceed in the opposite direction upon any street except at a street intersection, and then only if the street intersection is not signposted prohibiting a U-turn or otherwise controlled by a traffic signal; provided that any person making a permitted U-turn shall yield the right-of-way to all other vehicles. (Code 1983, § 8.03, eff. 1-1-83) Sec. 8.04. Left turns prohibited. The chief of police may, in his discretion and with the consent of the council, prohibit left turns entirely or during specified hours at certain intersections. It is unlawful for any person to make a left turn at any intersection signposted prohibiting the same or make a left turn during the hours of such signposted prohibition. (Code 1983, § 8.04, eff. 1-1-83) Sec. 8.05. Exhibition driving. Subd. 1. Prima facie evidence. It is prima facie evidence of exhibition driving when a motor vehicle stops, starts, accelerates, decelerates, or turns at an unnecessary rate of speed so as to cause tires to squeal, gears to grind, soil to be thrown, engine backfire, fishtailing or skidding, or, as to two -wheeled or three -wheeled motor vehicles, the front wheel to lose contact with the ground or roadway surface. Subd. 2. Unlawful act. It is a misdemeanor for any person to do any exhibition driving on any street, parking lot, or other public or private property, except when an emergency creates necessity for such operation to prevent injury to persons or damage to property; provided that this section shall not apply to driving on a racetrack. For purposes of this section, a "racetrack" CD8:3 § 8.05 EAGAN CODE means any track or premises whereon motorized vehicles, horses, dogs, or other animals or fowl legally compete in a race or timed contest for an audience, the members of which have directly or indirectly paid a consideration for admission. (Code 1983, § 8.05, eff. 1-1-83) Sec. 8.06. Snowmobile rules and regulations. Subd. 1. Purpose and construction. This section is enacted in part pursuant to Minn. Stat. § 471.62, as amended, and other applicable laws of the state. The purpose of this section is to provide rules for the regulation of snowmobiles operated within the city. Subd. 2. Certain statutes adopted. Minn. Stat. §§ 84.81-84.89 and 171.03, as amended, together with rules and regulations promulgated thereunder, are hereby adopted by reference, incorporated herein, and made a part hereof, except as otherwise provided herein. Subd. 3. Additional rules and regulations. A. Private property. It is a misdemeanor for any person to operate a snowmobile on the private property of another without the permission of the owner or tenant having control of the property. Further, pursuant to Minn. Stat. § 604A.22, except as specifically recognized by or provided in Minn. Stat. § 604A.25, an owner of land (1) owes no duty of care to render or maintain his land safe for entry or use by other persons with a motorized recreational vehicle for recreational purposes; (2) owes no duty to warn those persons of any dangerous condition on the land, whether patent or latent; (3) owes no duty of care toward these persons except to refrain from willfully taking action to cause injury; and (4 owes no duty to curtail his use of land during its use for recreational purposes. B. Public property. It is a misdemeanor for any person to operate a snowmobile at any time on school property or city park property, except on designated trails or areas. C. Place of operation. It is a misdemeanor for any person to operate a snowmobile at any time, whether on private or public property, within 150 feet of any designated play area or area being used for skating, sliding, or other seasonal activities, except when traveling on streets or adjoining residential lands. However, such person may travel between 150 feet and 300 feet of any designated play area or area being used for skating, sliding or other seasonal activities at speeds not in excess of five miles per hour. D. Public streets and sidewalks. It is a misdemeanor: 1. For any person to operate a snowmobile on streets except to and from his or a passenger's residence by the most direct route, and at a speed greater than five miles per hour. 2. For the operator of a snowmobile to enter or cross any intersection, public roadway or street without first making a complete stop. CD8:4 • • • • • • TRAFFIC REGULATIONS § 8.06 3. For any person to operate a snowmobile other than on the farthest righthand portion of any street or public roadway, to ride side -by -side with any other snowmobile, or to pass any other vehicle, including snowmobiles, while operating on any street or public roadway. 4. For any person under 14 years of age to operate a snowmobile on streets or highways, or make a direct crossing of a street or highway. 5. For any person 14 years of age or older, but less than 18 years of age, to operate a snowmobile on streets or highways, as permitted under this section, or make a direct crossing thereof unless he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner of natural resources as provided by statute. Provided, however, that such person may cross a street at an angle of 90 degrees to the direction of the street and at a place where no obstruction prevents a quick and safe crossing. 6. For any person to operate a snowmobile on any sidewalk or boulevard. 7. For any person to operate a snowmobile on any street which has been posted by order of the council prohibiting snowmobiles. E. Hours of operation. It is a misdemeanor for any person to: 1. Operate a snowmobile in any area between the hours of 11:00 p.m. and 8:00 a.m. on Sunday through Thursday. 2. Operate a snowmobile in any area between the hours of 2:00 a.m. and 8:00 a.m. on Friday, Saturday and the days preceding official holidays. 3. Operate a snowmobile between the hours of 10:00 p.m. and 2:00 a.m. of any day within 300 feet of any residential structure, at a speed in excess of five miles per hour, other than in single file, and other than at a distance of 100 feet between groups of six machines. 4. Leave his place of residence by snowmobile after 10:00 p.m. 5. Operate a snowmobile on streets after 10:00 p.m., except when such person is within one mile of his residence. Provided, however, that this provision shall not apply to county and state highways. Subd. 4. Other unlawful acts. A. It is a misdemeanor for the operator of any snowmobile to intentionally drive, chase, run over or kill any animal, whether wild or domestic. B. It is a misdemeanor for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. Subd. 5. Exception. Notwithstanding any prohibition to this section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. (Code 1983, § 8.06, eff. 1-1-83) CD8:5 § 8.07 EAGAN CODE Sec. 8.07. Recreational motor vehicle rules and regulations. Subd. 1. Purpose and intent. This section is enacted in part pursuant to Minn. Stat. § 471.62, as amended, and other applicable laws of the state. The purpose of this section is to provide rules for the regulation of recreational motor vehicles other than snowmobiles on public and private property. It is intended to protect life, property and to prevent public nuisances. Nothing in this section shall be construed to minimize regulations set forth in Minn. Stat. chs. 168, 169 and 171. Subd. 2. Definition. The term "recreational motor vehicle" means any motor vehicle designed for, used, or capable of use on land for sport, amusement or recreation, other than motor homes, pickup campers or the like, whether or not eligible to be licensed for use upon streets, including but not limited to motorbikes, motor scooters, trail bikes, minibikes, motorcycles, all -terrain vehicles, dune buggies, go-carts, hovercraft, but excluding motor vehicles designed for commercial, industrial or agricultural use. Subd. 3. Unlawful operation. It is a misdemeanor for any person to operate a recreational motor vehicle: A. On public property, including, but not limited to, parks, whether leased or owned, schools, playgrounds and recreation areas except those areas specifically designated by the council. Provided, however, that parking is permitted in parking areas designated by the council. B. On private property without the prior written permission of the owner or tenant having control of such property. C. Within 150 feet of a residence or area being used for recreational purposes, or within 150 to 300 feet of a residence at speeds in excess of ten miles per hour, except when traveling on streets or adjoining residential land. D. In a careless, reckless or negligent manner so as to endanger or be likely to endanger any person or property or to cause damage or injury thereto. E. Performing stunts, drills, acrobatics, racing or playing games of any sort without the prior approval of the chief of police. F. In a manner so as to create a loud, unnecessary noise which unreasonably disturbs or interferes with the peace and quiet of other persons. G. While under the influence of beer or liquor, as those terms are defined in chapter 5 of the City Code, or a controlled substance as defined by statute. H. To intentionally drive, chase, run over or kill any animal, wild or domestic. I. On a sidewalk, walkway, boulevard easement, or other area provided or used for pedestrian traffic. J. On streets or to cross them unless the operator has a valid driver's license with a two -wheeled vehicle endorsement. • • • CD8:6 • • • TRAFFIC REGULATIONS § 8.08 Subd. 4. Other unlawful act. It is a misdemeanor for any person to wash, grease or repair a recreational motor vehicle upon any public property or street, except when such repairs are necessary because of an emergency. Subd. 5. Certain statute adopted. Minn. Stat. § 84.90 is hereby adopted by reference, incorporated herein, and made a part hereof, except as otherwise herein provided. (Code 1983, § 8.07, eff. 1-1-83) Sec. 8.08. Motorized golf cart use by persons with mobility impairment. Subd. 1. Motorized golf cart use by persons with mobility impairment —Permit required. Any person with a mobility impairment or any person assisting a person with a mobility impairment may operate a motorized golf cart upon all streets within the city, except those expressly designated as prohibited streets by resolution of the council. It is unlawful for any person to operate a motorized golf cart under this section without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. Subd. 2. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The application shall include, but not be limited to, the following: A. The names and addresses of the following persons: 1. The applicant signed thereto; and 2. The person with mobility impairment for which the permit is sought if such person is not the applicant; B. The make and model and any identification number of the motorized golf cart to be operated under the permit; C. A certificate of a medical doctor, duly licensed to practice medicine in the state, which certificate shall state that the applicant, if such applicant is a person with mobility impairment, is able to safely operate a motorized golf cart on the designated street; and D. Any other and further information as the city deems necessary. Subd. 3. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. No permit shall be issued hereunder until a certificate of insurance, evidencing coverage for liability in compliance with the provisions of Minn. Stat. §§ 65B.41-65B.71, is filed with the city clerk. The council may refuse to grant a permit hereunder for any of the following reasons: A. The application is incomplete and contains false, fraudulent or deceptive statements. B. The applicant has not complied with one or more of the provisions hereunder. C. The applicant has been convicted of a violation under this section. CD8:7 § 8.08 EAGAN CODE Subd. 4. One person permit. No permit shall be issued to more than one person; the permit shall apply to the individual, not the motorized golf cart. Subd. 5. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem necessary and expedient for the protection of health, safety and general welfare of the city: A. Operation by permit holder only. It is unlawful for any person other than the person to whom the permit was issued to operate a motorized golf cart under this section. Any permit holder hereunder who is not a person with a mobility impairment shall not operate a motorized golf cart hereunder unless the person with the mobility impairment for whom the permit was issued is present in the motorized golf cart during operation thereof. B. Possession of permit. The permit holder shall have in possession at all times when operating the motorized golf cart and shall produce on demand of a peace officer a valid permit for operation of the motorized golf cart. C. Operation on designated streets. It is unlawful for any person to operate a motorized golf cart on any street designated as a prohibited street for such operation, unless it is necessary to cross such prohibited street because it intersects a permitted street. Any permit holder crossing a prohibited street that intersects a permitted street must do so at the marked intersection thereof. D. Compliance with state statute. The permit holder shall comply with the provisions of Minn. Stat. § 169.045, governing the a operation of motorized golf carts permitted under provisions of the City Code. E. Effective liability insurance. The permit holder shall have liability insurance coverage in compliance with the provisions of Minn. Stat. §§ 65B.41-65B.71 in full force and effect when operating the motorized golf cart under this section. F. Nontransferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and shall conform in all respects with the provisions of this section governing the filing of the original application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council by resolution. G. Operation prohibited within pedestrian walkways and parks. It is unlawful for any person to operate a motorized golf cart upon any sidewalk, trailway, path or other pedestrian walkway within the city or to operate such motorized golf cart at a speed in excess of 25 miles per hour. Subd. 6. Permit renewal. A permit hereunder may not be renewed unless an application for permit renewal is filed in accordance with the provisions of this section governing the filing of the original permit application. • • CD8:8 • • • TRAFFIC REGULATIONS § 8.99 Subd. 7. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit holder under this section shall constitute grounds for revocation of a permit issued hereunder. (Ord. No. 159, 2nd series, eff. 3-26-93) Secs. 8.09-8.98. Reserved. Sec. 8.99. Violation a misdemeanor or petty misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as follows: Subd. 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor; where he stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, he shall be punished as for a misdemeanor. Subd. 2. As to any violations not constituting a misdemeanor under the provisions of subdivision 1 hereof, he shall be punished as for a petty misdemeanor. Subd. 3. As to any violation of a provision adopted by reference, he shall be punished as specified in such provision, so adopted. (Code 1983, § 8.99, eff. 1-1-83) CD8:9 9 Parking Regulations 1 • • • i Chapter 9 PARKING REGULATIONS* (SEE CHAPTER 7 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER) Sec. 9.01. Presumption. Sec. 9.02. General parking prohibitions. Sec. 9.03. Recreational camping vehicle parking. Sec. 9.04. Unauthorized removal. Sec. 9.05. Direction to proceed. Sec. 9.06. Parallel parking. Sec. 9.07. Streets without curb. Sec. 9.08. Parking hours. Sec. 9.09. Winter season parking. Sec. 9.10. Truck, trailer and commercial vehicle parking. Sec. 9.11. Parking rules in city parking lots and ramps. Sec. 9.12. Impounding and removing vehicles. Sec. 9.13. Unattended vehicle. Sec. 9.14. Vehicle repair on street. Sec. 9.15. Parking for the purpose of advertising or selling merchandise. Sec. 9.16. Physically handicapped parking. Secs. 9.17-9.98. Reserved. Sec. 9.99. Violation a misdemeanor or petty misdemeanor. *Cross references —Police department, § 2.31; streets and sidewalks generally, ch. 7; traffic regulations, ch. 8; prohibited use and parking of mobile homes and recreational camping vehicles, § 10.52. CD9:1 • • • PARKING REGULATIONS § 9.03 Sec. 9.01. Presumption. As to any vehicle parking in violation of chapters 7, 8 and 9 when the driver thereof is not present, it shall be presumed that the owner parked the same or that the driver was acting as the agent of the owner. (Code 1983, § 9.01, eff. 1-1-83) Sec. 9.02. General parking prohibitions. It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places: (1) on a sidewalk or trailway; (2) in front of a public or private driveway or trailway; (3) within an intersection; (4) within ten feet of a fire hydrant or mailbox; (5) on a crosswalk; (6) within 20 feet of a crosswalk at any intersection; (7) in a signposted fire lane; (8) within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; (9) within 50 feet of the nearest rail of a railroad crossing; (10) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted; (11) alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; (12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) at any place where official signs prohibit or restrict stopping, parking or both; (14) in any alley, except for loading or unloading and then only so long as reasonably necessary for such loading and unloading to or from adjacent premises; or (15) on any boulevard which has been curbed. (Code 1983, § 9.02, eff. 1-1-83; Ord. No. 153, 2nd series, eff. 12-11-92) Sec. 9.03. Recreational camping vehicle parking. Subd. 1. Definition. The term "recreational camping vehicle" means any of the following: A. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer. B. Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. C. Motor home means a portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. D. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. Subd. 2. Unlawful act. It is unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right-of-way for a continuous period in excess of 24 hours, except where signs are erected designating the place as a campsite or in a mobile home park. Provided, however, that during such 24-hour period, such vehicle shall not be occupied as living quarters. (Code 1983, § 9.03, eff. 1-1-83) CD9:3 § 9.04 EAGAN CODE Sec. 9.04. Unauthorized removal. It is unlawful for any person to move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful. (Code 1983, § 9.04, eff. 1-1-83) Sec. 9.05. Direction to proceed. It is unlawful for any person to stop or park a vehicle on a street when directed or ordered to proceed by any police officer invested by law with authority to direct, control or regulate traffic. (Code 1983, § 9.05, eff. 1-1-83) Sec. 9.06. Parallel parking. Except where angle parking is specifically allowed and indicated by curb marking or signposting or both, each vehicle stopped or parked upon a two-way road where there is an adjacent curb shall be stopped or parked with the righthand wheels of the vehicle parallel with and within 12 inches of the righthand curb, and, where painted markings appear on the curb or the street, such vehicle shall be within such markings, front and rear; provided that upon a one-way roadway all vehicles shall be so parked, except that the lefthand wheels of the vehicle may be parallel with and within 12 inches from the lefthand curb, but the front of the vehicle in any event and, with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such one-way street; and it is unlawful to park in violation of this section. (Code 1983, § 9.06, eff. 1-1-83) Sec. 9.07. Streets without curb. Upon streets not having a curb, each vehicle shall be stopped or parked parallel and to the right of the paving, improved or main traveled part of the street, and it is unlawful to park in violation of this section. (Code 1983, § 9.07, eff. 1-1-83) Sec. 9.08. Parking hours. Parking on streets shall be limited as follows: Subd. 1. The chief of police may, when authorized by resolution of the council, designate certain streets, blocks or portions of streets or blocks as prohibited parking zones, or five-minute, ten-minute, 15-minute, 30-minute, one -hour, two-hour, four-hour, six -hour, eight - hour, 24-hour, morning or afternoon rush hour limited parking zones and shall mark by appropriate signs any zones so established. Such zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic. It is unlawful for any person to stop, park or leave standing any vehicle in a prohibited parking zone, for a period of time in excess of the signposted limitation, or during signposted hours of prohibited parking. CD9:4 • • • • • • PARKING REGULATIONS § 9.10 Subd. 2. It is unlawful for any person to remove, erase or otherwise obliterate any mark or sign placed upon a tire or other part of a vehicle by a police officer for the purpose of measuring the length of time such vehicle has been parked. Subd. 3. For the purpose of enforcement of this section, any vehicle moved less than one block in a limited time parking zone shall be deemed to have remained stationary. (Code 1983, § 9.08, eff. 1-1-83) Sec. 9.09. Winter season parking. Subd. 1. The winter season in which the following parking restrictions are applicable is hereby defined as beginning on November 15 of each year and continuing through April 15 of the following year. Subd. 2. Parking. A. On odd -numbered days parking shall be permitted only on that side of the street with odd -numbered addresses for a period of 12 hours beginning at 6:00 a.m. and continuing until 6:00 p.m. B. On even -numbered days parking shall be permitted only on that side of the street with even -numbered addresses for a period of 12 hours beginning at 6:00 a.m. and continuing until 6:00 p.m. C. The director of public works may post signs along the frontage roads located north and south of Diffley Road between Rahn Road and Nicols Road prohibiting parking on either side of the street until it is plowed to its full width following a snowfall of two inches or more. The signs shall state "No Parking Both Sides Until Plowed Entire Width 2 Inches of Snow or More." Subd. 3. Impounding and removing vehicles. If any vehicle is parked, abandoned, or left standing in violation of the terms of this section, the vehicle may be moved by the city in accordance with the terms of section 9.12 of this Code entitled Impounding and Removing Vehicles. (Code 1983, § 9.09, eff. 1-1-83; Ord. No. 78, 2nd series, eff. 3-31-89) Sec. 9.10. Truck, trailer and commercial vehicle parking. Subd. 1. It is unlawful to park a detached semitrailer upon any street, city -owned parking lot, or other public property, except streets as specifically designated by the council by resolution and signposted. Subd. 2. It is unlawful to park a semitrailer, truck tractor, or a combination thereof within an area zoned as a residential district, except for the purpose of loading or unloading the same. Subd. 3. It is unlawful to park a truck of more than 9,000 pounds gross vehicle weight upon any street in the business district which has been duly signposted prohibiting the same, but parking of such vehicle for a period of not more than 20 minutes shall be permitted in such CD9:5 § 9.10 EAGAN CODE space for the purpose of necessary access to abutting property while actively loading or unloading when such access cannot reasonably be secured from an alley or from an adjacent street where truck parking is not so restricted. Subd. 4. It is unlawful to park a truck or other vehicle using or equipped with a trailer or extended body or other extension or projection beyond the original length of such vehicle or any passenger bus diagonally along any street except for a time sufficient to load or unload, and in such case only parallel parking shall be permitted. Provided, however, that a truck may stand backed up to the curb if the weight or bulk of the load makes parallel parking impracticable, but then only for a period of time sufficient to load or unload. Subd. 5. Parking of commercial vehicles is permitted in duly designated and signposted loading zones and in alleys, for a period of up to 20 minutes, provided that such alley parking does not prevent the flow of traffic therein, all of which shall be for the purpose of access to abutting or adjacent property while actively loading or unloading. Subd. 6. It is unlawful to park any detached trailer upon any street for a continuous period of more than 24 hours. Subd. 7. It is unlawful to park any vehicle in excess of 9,000 pounds gross vehicle weight and/or any commercial vehicle upon any residential street for a continuous period of more than six hours. (Code 1983, § 9.10, eff. 1-1-83; Ord. No. 85, 2nd series, eff. 6-16-89) Sec. 9.11. Parking rules in city parking lots and ramps. In city -owned parking lots and ramps, the council may limit the sizes and types of motor vehicles to be parked thereon, hours of parking, and prescribed method of parking, provided that such limitations and restrictions are marked or signposted thereon. It is unlawful to park or leave standing any vehicle backed into a parking place, to drive in a direction opposite the flow of traffic marked by "one-way" signs or arrows, or to park any vehicle in any city -owned parking lot or ramp contrary to the restrictions or limitations marked or signposted therein. (Code 1983, § 9.11, eff. 1-1-83) Sec. 9.12. Impounding and removing vehicles. Subd. 1. Vehicles in violation of parking regulations. When any police officer finds a vehicle standing upon a street or city -owned parking lot in violation of any parking regulation, such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this chapter. When any police officer finds a vehicle unattended upon any street or city -owned parking lot in violation of any parking regulation or driven by an individual arrested for violation of Minn. Stat. § 169.121 or 169.129, such officer is hereby authorized to impound such vehicle and to provide for the removal thereof to a convenient garage or other facility or place of safety. CD9:6 • • • • • • PARKING REGULATIONS § 9.15 Subd. 2. Release of impounded vehicles. Any motor vehicle impounded under this section shall only be released from impoundment: A. To the registered owner or person authorized by the registered owner, a lienholder of record, or a person who has purchased the vehicle from the registered owner who provides proof of ownership of the vehicle, proof of valid state driving privileges, and proof of insurance required by law to cover the vehicle; B. If the vehicle is subject to a rental or lease agreement, to a renter or lessee with valid state driving privileges who provides a copy of the rental or lease agreement and proof of insurance required by law to cover the vehicle; or C. To an agent of a towing company authorized by the registered owner, renter or lessee if the owner provides proof of ownership of or the renter or lessee provides a copy of the rental or lease agreement for the vehicle and proof of insurance required by law to cover the vehicle; and D. Upon payment of any charge placed against such vehicle for cost of removal or storage or both by anyone called upon to assist therewith. Subd. 3. To whom information provided. The proof of ownership, valid driving privileges and insurance, and, when applicable, the copy of the rental or lease agreement shall be provided to a licensed police officer at the police department or to an agent of the towing company acting on behalf of the police department. (Code 1983, § 9.12, eff. 1-1-83; Ord. No. 160, 2nd series, eff. 3-26-93) Sec. 9.13. Unattended vehicle. Subd. 1. It is unlawful for any person to leave a motor vehicle unattended while the engine is running. Subd. 2. It is unlawful for any person to leave a motor vehicle unattended with the key in the ignition. (Code 1983, § 9.13, eff. 1-1-83) Sec. 9.14. Vehicle repair on street. It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs thereon, but in no event for more than six hours. (Code 1983, § 9.14, eff. 1-1-83) Sec. 9.15. Parking for the purpose of advertising or selling merchandise. It is unlawful for any person to park a vehicle on any street, other public property or upon private property without the owner's consent, for the purpose of advertising such vehicle for sale, for the purpose of advertising for sale or selling merchandise thereon or therein, or advertising any merchandise for sale or a forthcoming event. (Code 1983, § 9.15, eff. 1-1-83; Ord. No. 61, 2nd series, eff. 6-24-88) CD9:7 § 9.16 EAGAN CODE Sec. 9.16. Physically handicapped parking. Subd. 1. Statutory parking privileges for physically handicapped shall be strictly ob- served and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. Subd. 2. It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle (1) in a signposted fire lane at any time, or (2) in lanes where and during such hours as parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours. (Code 1983, § 9.16, eff. 1-1-83; Ord. No. 15, 2nd series, eff. 4-27-84) State law reference —Parking privileges for physically disabled, Minn. Stat. § 169.345 et seq. Secs. 9.17-9.98. Reserved. Sec. 9.99. Violation a misdemeanor or petty misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as follows: Subd. 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor; where he stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, he shall be punished as for a misdemeanor. Subd. 2. As to any violation not constituting a misdemeanor under the provisions of subdivision 1 hereof, he shall be punished as for a petty misdemeanor. (Code 1983, § 9.99, eff. 1-1-83) CD9:8 • • • 10 Public Protection, Crimes and Offenses • • • • • • Chapter 10 PUBLIC PROTECTION, CRIMES AND OFFENSES* Sec. 10.01. Storage, deposit and disposal of refuse. Sec. 10.02. Toilet installation required. Sec. 10.03. Maintenance of individual sewer systems. Secs. 10.04-10.09. Reserved. Sec. 10.10. Dangerous weapons and articles. Sec. 10.11. Dog and cat regulation and dog licensing. Sec. 10.12. Animals and fowl —Keeping, transporting, treatment, housing. Sec. 10.13. Trapping prohibited; exceptions. Secs. 10.14-10.19. Reserved. Sec. 10.20. Shade tree disease control and prevention. Sec. 10.21. Planting and maintenance of trees and grass on private property. Sec. 10.22. Reserved. Sec. 10.23. Rules and regulations governing public parks and recreation areas. Sec. 10.24. Rules and regulations governing boating and related water activities within the city. Sec. 10.25. Compliance with wetland conservation statutes and regulations. Secs. 10.26-10.29. Reserved. Sec. 10.30. Curfew. Sec. 10.31. Noisy parties or gatherings. Sec. 10.32. Obstructions on public property. Sec. 10.33. Reserved. Sec. 10.34. Drug paraphernalia —Possession, manufacture, delivery and advertisement prohibited. Sec. 10.35. Stalking and harassing behavior. Secs. 10.36-10.39. Reserved. Sec. 10.40. Sec. 10.41. Sec. 10.42. Sec. 10,43. Minnesota Uniform Fire Code. Air pollution control. Noise pollution regulations. Fire, burglary and safety alarm regulations and requirements. Secs. 10.44-10.49. Reserved. Sec. 10.50. Abandoning a motor vehicle. Sec. 10.51. Junk cars, furniture, household furnishings and appliances stored on public or private property. Sec. 10.52. Prohibited use and parking of mobile homes and recreational camping vehi- cles. Secs. 10.53-10.98. Reserved. Sec. 10.99. Violation a misdemeanor. *Cross reference —Police department, § 2.31. State law reference —Criminal Code, Minn. Stat. ch. 609. CD10:1 • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.01 Sec. 10.01. Storage, deposit and disposal of refuse. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Garbage means all putrescible wastes, including animal offal and carcasses of dead animals, but excluding human excreta, sewage and other water -carried wastes. B. Other refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), and construction or demolition debris, excluding sand, earth, brick, stone and concrete, and trees, tree branches and wood except when stored as firewood. C. Reyclables means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse -derived fuel or other material that is destroyed by incineration is not a recyclable material. D. Yard waste means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by council resolution. E. Residential dwelling means any single building consisting of one through four dwelling units with individual kitchen facilities for each. F. Multiple dwelling means any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each. G. Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, and schools. H. Association means all cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. I. Curbside means the collection point for garbage, yard wastes and recyclables. Area within three feet of the street on or near residential driveway, except during the winter months when such materials shall be placed a minimum of eight feet behind the curb. J. Composting means any aboveground microbial process that converts yard waste to organic soil amendment or mulch, excluding winter plant protection coverings less than one foot in height. K. Kitchen waste means rinsed egg shells, coffee grounds and chopped vegetables and fruit remains. L. Construction or demolition debris means waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition of buildings. Subd. 2. Storage. A. It is unlawful for any person to store garbage or other refuse on residential dwelling premises for more than one week. All such storage shall be in watertight, metal or CD10:3 § 10.01 EAGAN CODE plastic containers of not less than five gallons with tightfitting covers, which shall be maintained in a clean and sanitary condition; provided, that yard waste may be stored in biodegradable plastic bags, and tree limbs must be stored in watertight, metal or plastic containers of not less than five gallons with tightfitting covers or closable plastic or paper bags, and tree limbs must be stored in bundles weighing no more than 60 pounds and no longer than four feet. B. It is unlawful for any person to store garbage or other refuse or recyclables on multiple -dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so-called "dumpsters" with closefitting covers may be substituted. C. It is unlawful for any person to store garbage or other refuse on commercial establishment premises for more than one week, or for a shorter period when collection must be made at more frequent intervals to protect the public health or at the direction of the city. It is unlawful for any person to store recyclables on commercial establishment premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so-called "dumpsters" with closefitting covers may be substituted. D. In residential dwelling areas, storage containers for garbage, other refuse and recyclables shall be permitted at the curb or other collection point from 6:00 p.m. of the night preceding collection day until 10:00 p.m. on the designated collection day. At all other times, such containers must be stored inside the dwelling unit or garage or at a point behind the front of the dwelling unit or garage. E. Notwithstanding any of the foregoing provisions of this subdivision, it shall be unlawful for any person to store any construction or demolition debris on any premises except in a proper container or enclosure as required herein. Any and all construction and demolition debris totaling four cubic yards or more shall be stored in a roll -off or dumpster-like container, which is clearly labeled with the name and telephone number of the container owner, on the construction or demolition site. Any and all construction or demolition debris totaling less than four cubic yards shall be stored in a wire enclosure or other temporary enclosure. F. Backyard composting. 1. Requirements. No composting shall be permitted except in residential dwelling districts and agricultural districts upon compliance with the following require- ments: (a) Yard waste shall be composted within an enclosure with a minimum of three sides or circular, not to exceed a total of 100 cubic feet in volume for the residential lots of 12,000 square feet or less or 150 cubic feet for residential lots with an area of more than 12,000 square feet. The containers shall be of durable material such as wood, plastic, fiberglass, or metal fencing material; (b) Only yard waste, sawdust, wood ash, straw, kitchen wastes, which have been placed initially in the center of the compost pile, and commercially available compost ingredients to accelerate composting may be placed in the compost enclosure; CD10:4 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.01 (c) No meat, bones, fat, oils, dairy products, food other than kitchen waste as defined in subdivision 1, subparagraph K, synthetic fibers, human or pet waste, or diseased plants shall be placed in the compost enclosure; (d) Compost shall be properly maintained to minimize odor generation and to promote effective decomposition of the materials; and (e) The compost enclosure shall be located behind the residential dwelling and shall not be within 30 feet of any habitable building, 30 feet of a public right-of-way, and five feet of any property line. (f) The compost enclosure must be located above the 100-year high water level for the closest adjacent pond. 2. Noncompliance. Failure to comply with any of the provisions of this subpara- graph E shall constitute a nuisance, and the owner or occupant of the lot or tract of land on which such nuisance is located is primarily responsible for its abatement. Subd. 3. Deposit. It is unlawful for any person to deposit garbage or other refuse from any source, in any place other than a licensed solid waste facility or county -designated facility. It is unlawful for any person to deposit recyclables or yard waste from any source in any place other than a licensed recycling facility or yard waste processing facility or use other than proper disposal methods as approved by the council. Subd. 4. Fire danger. It is unlawful for any person to store, deposit or dispose of any garbage or other refuse which is in flames or heated to the point where it could cause danger of fire in other refuse. Subd. 5. Disposal. A. Sanitary landfill. The council may, by resolution, adopt and from time to time amend, adjust and revise such rules, regulations, rates and charges as it deems necessary or proper for the operation and management of a licensed sanitary landfill. It may give notice of any such action as it deems necessary. B. Garbage and refuse collection. Every household in residential and multidwelling districts and all commercial establishments shall have garbage and refuse collection. Such collection must be made by a garbage and refuse hauler that is licensed with the city, except commercial establishments and households in a residential district need not contract with a licensed hauler when it hauls its garbage and refuse from its own property and complies with the standards defined in section 6.37, subdivision 3 of the City Code or provided the garbage and refuse is disposed of in an environmentally sound manner. Subd. 6. Joint management hauling contracts. Occupants of residential dwelling proper- ties jointly managed by associations or others shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful for any residential dwelling association or other residential dwelling joint management entity to negotiate, CD10:5 § 10.01 EAGAN CODE execute or maintain a contract for residential garbage or other refuse collection unless it includes as a part of that contract or as part of a separate contract weekly collection of recyclables occurring on the same day as their refuse collection. A. Occupants of multiple/residential dwelling properties managed by associations or other management entities shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful for any multiple/ residential dwelling association or other multiple/residential dwelling joint manage- ment entity to negotiate, execute or maintain a contract for multiple/residential garbage or other refuse collection unless it includes as a part of that contract or as part of a separate contract a minimum of weekly collection of recyclables. (Code 1983, § 10.01, eff. 1-1-83; Ord. No. 94, 2nd series, eff. 12-15-89; Ord. No. 137, 2nd series, eff. 5-15-92; Ord. No. 223, 2nd series, eff. 9-12-96) Cross reference —Municipal and public utilities, ch. 3. State law reference —Waste management, Minn. Stat. ch. 115A. Sec. 10.02. Toilet installation required. It is the duty of every owner or occupant of any property within the city, having a dwelling house or business building situated thereon, which property is abutting a street in which there are city water and sewer mains, to install a toilet in such dwelling or business building and make connection thereof with such water and sewer mains. The city shall serve written notice upon said owner or occupant requiring the installation of toilet facilities upon premises described in said notice and connection thereof with the sewer and water mains, all of which shall be done within 30 days after service of such written notice. Whenever any owner or occupant shall default in compliance with such written notice, the council may by resolution direct that a toilet be installed and connection made with the water and sewer mains and that the actual cost of such installation be paid in the first instance out of the general revenue fund and assessed against the property so benefited. After such installation and connection is completed by order of the council, the city shall serve a written notice of intention to make an assessment therefor. If such assessment is not paid within ten days, the city shall certify the amount thereof to the county auditor in the same manner as with other special assessments, provided that the council may by resolution provide that the assessment be spread over a term of five years upon written request by the owner of the property. (Code 1983, § 10.02, eff. 1-1-83) Cross reference —Municipal and public utilities, ch. 3. Sec. 10.03. Maintenance of individual sewer systems. It is unlawful for the owner or tenant of any premises to permit an individual sewage disposal system to overflow or expose the contents thereof above ground. (Code 1983, § 10.03, eff. 1-1-83) Cross reference —Municipal and public utilities, ch. 3. Secs. 10.04-10.09. Reserved. CD10:6 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.10 Sec. 10.10. Dangerous weapons and articles. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Use means, with respect to a weapon, to brandish, assault with, threaten with, or otherwise employ in a manner calculated and likely to cause death, bodily harm, or the reasonable and immediate fear thereof. B. Weapon means any device designed as a weapon and capable of producing death, bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death, bodily harm, or the reasonable and immediate fear thereof. Weapon includes, but is not limited to, Chinese throwing star, nunchaku, sharp stud, metal knuckles, sand club, switch knife, trench knife, butterfly knife, stiletto knife, or any double-edged knife, and any firearm or gun or explosive. Subd. 2. Firearms regulation. The provisions of the Minnesota Statutes regulating firearms and as they may be hereafter amended are incorporated into this section. It is a violation of this section for any person to engage in any conduct proscribed in the incorporated statutes. Subd. 3. Acts prohibited. It is unlawful for any person to: A. Recklessly handle or use a gun or other weapon or explosive so as to endanger the safety of another. Among the actions and circumstances that may support a reason- able belief that a person's conduct is reckless are the following: 1. Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or 2. Intentionally draw a loaded firearm from a pocket or from a holster, sheath, bag, or other container. B. Manufacture, sell, transfer, possess, carry or control for any unlawful purpose any weapon as described in subdivision 1.B, above. C. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; and D. Sell, transfer, carry, control or have in his possession any device designed to silence or muffle the discharge of a firearm; or E. Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside the parent's or guardian's presence, a firearm or airgun of any kind or any ammunition or explosives; or F. Furnish a minor under 18 years of age with a firearm, airgun, ammunition or explosive without the written consent of his parent or guardian or of the police department. CD10:7 § 10.10 EAGAN CODE G. Fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks, airgun, air rifle, or other similar device commonly referred to as a BB gun. Subd. 4. Exception. Subdivision 3 of this section shall not apply to: A. A display of fireworks by an organization or group of organizations operating under a permit issued by the council pursuant to Minn. Stat. § 624.22. Proof of liability insurance in an amount set by council resolution shall also be required. This insurance shall name the city as an additional insured party. B. A person in the lawful defense of person, family or property. C. The discharge of firearms in an approved firearms range operating under a permit issued by the council prior to August 15, 1989. D. Law enforcement or military personnel while in the course of their duties. E. Any person participating in a special hunting season, which season may not conflict with state law or regulations, established by the council for purposes of wildlife management, provided that person has obtained a special hunting permit. Any person under 18 years of age participating in a special hunting season organized by the DNR and established by the council, for purposes of wildlife management, must be accompanied by an adult selected to participate. F. Any person, who is 14 or 15 years of age and accompanied by a parent or guardian who is 16 years of age or older, actively participating in a game of paintball within a licensed paintball facility under chapter 6 of the City Code. Subd. 5. Carrying and transporting of firearms. Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor vehicle unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Subd. 6. Possession and sale of fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, except as allowed in subdivision 4 of this section, any firecrackers, sky rockets or other fireworks. Subd. 7. Exposure of unused container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, icebox, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges or latches. Subd. 8. Use of bow and arrow. It is unlawful for any person to shoot a bow and arrow except in the physical education program in a school supervised by a member of its faculty, a communitywide supervised class or event specifically authorized by the chief of police, or a bow and arrow range, or by any person participating in a special bow and arrow hunting season, CD10:8 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 which season may not conflict with state law or regulations established by the council for the purpose of wildlife management, or such other place during such time or times as authorized by the council. (Code 1983, § 10.10, eff. 1-1-83; Ord. No. 171, 2nd series, eff. 10-29-93; Ord. No. 212, 2nd series, eff. 2-15-96) Sec. 10.11. Dog and cat regulation and dog licensing. Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply: A. At large means off the premises of the owner and is neither controlled by a leash or voice command of owner of suitable age nor confined in a vehicle or cage. B. Cat means any domesticated feline animal, male or female, whole or neutered. C. Dog means any domesticated dog, male or female, whole or neutered. Any wolf or wolf hybrid shall be deemed as an animal wild by nature and shall not be deemed as a "dog" under this section. D. Dangerous dog means any dog that has: 1. Without provocation, inflicted substantial bodily harm on a human being on public or private property; 2. Killed a domestic animal without provocation while off the owner's property; or 3. Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. E. Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog or cat. F. Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Subd. 2. Running at large prohibited. It is unlawful for the owner of any dog or cat to permit such animal to run at large. The police officers or animal control officer may seize, impound or restrain any dog or cat found running at large. Subdivisions 4 and 5 shall apply to any dog or cat impounded under this subdivision. Subd. 3. Dog license required. It is unlawful for the owner of any dog, six months of age or more, to keep said dog within the city unless the owner first obtains a license therefor from the city. A. Application. Application for a dog license shall be upon a form supplied by the city and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary CD 10:9 § 10.11 EAGAN CODE medicine in the state, which certificate shall state that the dog for which application for a license is made, has been inoculated against rabies for at least the period for which the license is applied. B. Period and fees. All dog licenses shall expire on February 20 of each even -numbered year and shall become delinquent on February 21 in each even -numbered year or within six months after the dog's birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the city clerk -treasurer and open to inspection during regular business hours. C. Tag required. Upon payment of the license fee, the city clerk -treasurer shall deliver one appropriate tag to the owner of the said licensed dog. It is unlawful for the owner of any dog to fail to have the tag firmly affixed to a collar, which shall at all times be kept on the dog for which the license is issued. A duplicate for a lost tag may be issued by the city upon presentation of the receipt showing the payment of the license fee for the current year. Tags shall be nontransferable, and no refund shall be made on any license fee because of leaving the city or death of the dog before the expiration of the license. D. Impoundment. The police officers or duly appointed animal control officer may seize, impound or restrain any unlicensed dog or any dog without the license tag found in the city. The fact that a dog is without a tag attached to a collar shall be presumptive evidence that the dog is unlicensed. To enforce this section, said officers are empowered and instructed to enter upon any public or private property on which they have reasonable cause to believe there is a dog that is not licensed or tagged as required under this subdivision. Subd. 4. Disposition of impounded dogs and cats. A. Notice of impounding. The officer who seized, impounded or restrained any dog or cat pursuant to subdivisions 2 and 3 of this section shall, without delay, notify the owner, personally or through the United States mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if the owner be unknown or cannot be ascertained, then the officer shall make available to the police department, city hall and impounding kennel for public inspection the following information: (1) a descrip- tion of the dog, (2) location of impoundment, and (3) the condition for its release. B. Redemption. All dogs and cats seized, impounded or restrained pursuant to this section must be held by the poundmaster for redemption by the owner for at least five regular business days of the pound. For the purpose of this section, "regular business day" means a day during which the pound is open to the public not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. If, after the five regular business days the owner does not claim the dog, then any right of redemption CD10:10 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 shall be deemed to have been waived, and the dog shall be disposed of as provided in subparagraph C of this subdivision. Any impounded dog or cat shall be released to its owners, as follows: 1. If such dog or cat is owned by a resident of the city, after payment of the impounding fees, and, in addition, in the case of a dog, purchase of a license. 2. If such dog or cat is owned by a person not a resident of the city, such owner must provide proof of rabies immunization of any such dog or cat within 48 hours of release, excluding Saturdays, Sundays and legal holidays, and payment of the impounding fee for the period for which the dog or cat was impounded. C. Disposition of unclaimed dogs and cats. Any dog or cat which is not claimed within the five-day period, as defined in subparagraph B of this subdivision, must be made available to any licensed institution which has requested the animal as required by Minn. Stat. § 35.71. If a tag affixed to the animal or a statement by the animal's owner after the animal's seizure specifies that the animal may not be used for research, the animal must not be made available to any such institution and may, in the discretion of the pound, be sold for not less than the amount of the required licensing fee, if applicable, to anyone desiring to purchase the animal, or be destroyed in a proper and humane manner after the expiration of the five-day period. Subd. 5. Animal pound records. Upon the impoundment of any dog or cat pursuant to this section, an accurate record of the time of such impoundment shall be kept on each animal. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal was received; and (5) the name and address of the person to whom any animal three months of age or over was transferred. Subd. 6. Public nuisance. It is unlawful for the owner of any dog or cat to: A. Unlawful acts. It is unlawful for the owner of any dog or cat to: 1. Permit such animal to habitually bark, cry, whimper, howl, whine, or emit any other loud or unusual noises; 2. Permit such animal to damage or defecate in or upon public property or the property of another; 3. Permit dog or cat feces to accumulate on the owner's premises for more than 24 hours; 4. Interfere with any police officer or other city employee in the performance of his duty to enforce this section; 5. Keep or own four or more dogs or cats or combination thereof over six months of age without a kennel permit. B. Impoundment. The animal control officer or police officer may seize, impound or restrain any dog or cat which has been permitted to habitually bark, cry, whimper, CD10:11 § 10.11 EAGAN CODE howl, whine or emit any other loud or unusual noise for a period of two or more hours whenever the owner of such animal cannot be immediately located or has failed, upon order by the animal control officer or a police officer, to prevent such animal from habitually making such noises. Subdivisions 4 and 5 of this section shall apply to any dog or cat impounded under this subdivision. Subd. 7. Dangerous dogs. A. County registration required. It is unlawful to own or keep a dangerous dog within the city unless such dog is duly registered with the county auditor's office. B. Tag required. It is unlawful for the owner of any dangerous dog to own or keep such dog within the city, unless a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol is affixed to the dog's collar at all times. C. Enclosure and muzzling required. It is unlawful for the owner of any dangerous dog, while on the owner's property, to have such dog outside a proper enclosure unless such dog is muzzled, as to prevent the dog from biting any person or animal but not injurious to the dog, and restrained by a substantial chain or leash and under the physical restraint of a responsible person. For purposes of this provision, "proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements for the dog. D. Destruction of dangerous dog. In the event that a dangerous dog appears to be an immediate danger to any persons or property, a police officer, animal control officer, warden, or other employee or agent of the city assisting a police officer or animal control officer is hereby authorized to summarily destroy such animal. E. Nonapplication to police dogs. The provisions of this subdivision shall not apply to any dangerous dog used by law enforcement officials for public work. Subd. 8. Disposition of certain animals. A. Generally. The council is authorized to order the destruction or other disposition of the following: (1) any dog or cat that habitually destroys property or habitually trespasses in a damaging manner on property of persons other than the owner; (2) any dangerous dog; and (3) any animal that habitually barks, cries, whimpers, howls, whines, or emits any other loud or unusual noises. In the event the council waives its authority under this subparagraph, a sworn complaint of any person that any one of the foregoing facts exist may be brought before a district court judge in this county. Said judge shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before said judge to show cause why said animal should not be seized and killed or otherwise disposed of by the poundmaster or any police officer or animal warden. Such summons shall be returnable not more than five days from the date thereof and shall be served at least three days before the time of appearance mentioned therein. Upon such hearing and finding of the facts CD 10:12 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 true as complained of, the judge may either order the animal killed or order the owner to remove it from the city or may order it confined to a designated place or may order its sale or other disposition as herein provided for the impounded animals. B. Notice and hearing. The council, after having been advised of the existence of such animal as defined in subparagraph A of this subdivision and having decided to retain its authority under this subdivision, shall proceed as follows: 1. The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this subdivision and, where appli- cable, the dates, times, and places of animals and persons bitten, attacked, injured or disfigured or of other violations and shall be given ten days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten days of the notice, the council shall make an appropriate order including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 2. If the owner requests a hearing for determination as to the disposition of the animal, the hearing shall be held before the council at a date not more than three weeks after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After consider- ing all evidence, the council shall make an appropriate order within 30 days of hearing, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 3. The council may apply to the district court of the county for subpoenas for hearings under item 2, above. C. Concealing of animals. It is unlawful for any person to harbor, hide or conceal an animal which has been ordered into custody for destruction or other proper disposi- tion. Subd. 9. Immobilization of dogs or cats. For the purpose of enforcement of this section, any peace officer, animal control officer, or other person assisting a police officer or animal control officer may use a so-called "tranquilizer gun" or other instrument for the purpose of immobilizing or seizing, impounding, or restraining any animal reasonably believed to be in violation of this section. Subd. 10. Rabies control. A. Inoculation. Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this subdivision and possess a certificate of a veterinarian duly licensed to practice veterinary medicine within the state, which certificate shall state that the dog or cat has a current inoculation against rabies. Any dog vaccinated with a modified live or trimmune killed rabies vaccine shall be revaccinated at no more than 24-month intervals; any dog vaccinated with CD 10:13 § 10.11 EAGAN CODE any other killed rabies vaccine or while under 12 months of age shall be revaccinated at no more than 12-month intervals. Any cat shall be revaccinated at no more than 12-month intervals for any and all types of vaccines used. B. Animal bites. 1. Persons bitten. (a) Whenever any dog or cat has bitten a person, the owner, having been so notified either orally or in writing, must: (1) provide a certificate of current rabies inoculation; and (2) immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of ten days after the occurrence. (b) During the quarantine, the dog or cat shall be securely confined in a building, locked kennel or a yard which is enclosed by a fence not less than five feet high and so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. (c) If the dog or cat dies or shows signs of illness or if it escapes, the animal control officer or police department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred, as the result of a dog or cat biting a person, shall be at the expense of the owner of the animal. (d) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the university diagnostic lab to be determined if the animal has been infected with rabies. 2. Dog or cat bitten. (a) Whenever any rabid -bearing animal has bitten a dog or cat, the owner of the bitten dog or cat, having been so notified either orally or in writing, must: (1) provide a certificate of current rabies inoculation to the police department; (2) immediately revaccinate the dog or cat; and (3) immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of 180 days. The dog or cat may be released from quarantine after 40 days if the following are satisfied: (1) The dog or cat was vaccinated for rabies at least 21 days before exposure; (2) The dog or cat was revaccinated for rabies immediately after exposure, at which time the 40-day period shall begin; and CD10:14 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12 (3) A written report as required by state law is received by the board of animal health. (b) Any quarantine of a dog or cat under this subparagraph shall be in accordance with subparagraph B, item 1(b) of this subdivision. (c) If the dog or cat dies or shows signs of illness or escapes, the animal control officer or police department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat bitten by another animal, shall be at the expense of the owner of the dog or cat bitten. (d) In the event that a certificate of current rabies inoculation is not provided or the owner of the dog or cat bitten failed to comply with the provisions herein or, upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subject to the necessary test by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies and shall be quarantined as provided in subparagraph B, item 1(b) of this subdivision. Any animal, other than a dog or cat, which has bitten a dog or cat shall be destroyed and taken to the university diagnostic lab to be determined if the animal has been infected with rabies. (Code 1983, § 10.11, eff. 1-1-83; Ord. No. 135, 2nd series, eff. 4-17-92; Ord. No. 165, 2nd series, eff. 5-14-93; Ord. No. 203, 2nd series, eff. 7-13-95) Cross references —Kennels, § 6.38; pet shops, § 6.43. State law references —Animals generally, Minn. Stat. § 346.01 et seq.; dogs and cats, Minn. Stat. § 347.01 et seq. Sec. 10.12. Animals and fowl —Keeping, transporting, treatment, housing. Subd. 1. Definitions. As used in this section, the following definitions shall apply: A. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. B. Animals includes farm animals and all other animals, reptiles and feathered birds or fowl, except dogs, cats, gerbils, hamsters and caged household birds. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the city zoned agricultural and containing not less than five acres, or (2) animals kept as part of a show licensed under the City Code, or (3) animals used in a parade for which a permit has been issued, or (4) animals kept in a laboratory for scientific or experimental purposes, or (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian, or (6) animals kept in a pet shop licensed under the City Code, or (7) as otherwise provided in this section. Subd. 3. Animals in transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or (2) farm animals being transported in a portion of the city zoned agricultural, or (3) restrained by means of bridles, halters, ropes or other means of individual restraint. CD10:15 § 10.12 EAGAN CODE Subd. 4. Treatment. It is unlawful for any person to treat any animal, as herein defined, or any other animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein defined, or any other animal in any structure infested by rodents, vermin, flies or insects or inadequate for protection against the elements. Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the owner. Subd. 7. Harboring carrier pigeons. A. Definitions. As used in this subdivision, the following definitions shall apply: 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless such pigeons are raised for food or for similar commercial purposes. 3. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It- is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any carrier pigeon without first obtaining -a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal control officer inspects the premises and lofts thereof. All applications for permit renewal shall be filed within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following: 1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premises on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; CD10:16 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12 4. Verification of identification marks stamped on each carrier pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band; 5. A sketch plan of the premises on which carrier pigeons are sought to be kept, including the location, dimensions and design of the loft; and 6. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is incomplete and contains false, fraudulent or deceptive state- ments. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or loft thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 4. The applicant or owner of the premises or carrier pigeons harbored or kept thereon has been convicted of a violation under this subdivision. E. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem necessary and expedient for the protection of health, safety and general welfare of the city: 1. Inspection. The premises and loft(s) thereon for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 2. Transferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and shall conform in all respects with the provisions of subparagraph B, above, governing the filing of the original application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council. 3. Specifications. The construction and location of the loft shall be in compliance with the building and zoning regulations of the city and the following require- ments: (a) No more than two lofts, of which each shall not be greater in size than 24 feet x 12 feet x 14 feet shall be on the premises. (b) No more than 100 pigeons over three months of age shall be kept or harbored on the premises for which the permit applies. CD 10:17 § 10.12 EAGAN CODE (c) No loft shall be within 25 feet of any inhabited dwelling. (d) Each loft shall be maintained in a clean and sanitary condition and kept in good repair, including the removal and disposal of all pigeon waste weekly or more often as required to keep the loft in a sanitary and odor -free condition. (e) Each loft shall have at least two square feet of floor space for each mature carrier pigeon kept therein. (f) All carrier pigeons shall be fed within the confines of the loft, and all feed for the carrier pigeons shall be stored in such containers as to protect against infestation of rodents and other vermin. (g) All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; provided no carrier pigeon shall be released for flying within eight hours of its feeding. (h) No pigeon shall perch or linger on the buildings or property of others. F. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor convic- tion of the permit holder under this subdivision shall constitute grounds for revoca- tion of a permit issued hereunder. (Code 1983, § 10.12, eff. 1-1-83; Ord. No. 149, 2nd series, eff. 10-30-92) Cross references —Kennels, § 6.38; pet shops, § 6.43. Sec. 10.13. Trapping prohibited; exceptions. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Trap means any device, snare, artificial light, net, bird line, ferret, hawk, vehicle or contrivance whatever used to catch, snare, kill, or otherwise restrain the free movement of animals or birds. B. Trapping means the act of setting, laying or possession with intent to set or lay a trap. Subd. 2. Unlawful act. It is unlawful for any person to do any trapping. Subd. 3. Exceptions. This section shall not apply to: A. Owners of platted lots of five acres or more, and then only if it is done by the owner, a member of the owner's family, or by written consent of the owner; provided, that such trapping is not done upon or within 100 feet of the boundary of any city, county or state park; organized recreational area; or other public property. B. Quick -kill trapping if the traps are designed to kill only rats, mice, gophers or moles. C. Employees or duly authorized representatives of the city, county, state or federal government acting within the course and scope of their employment. D. Teachers trapping for educational programs or scientists for the purpose of studying animals, wildlife or birds, which will be returned to their natural environment uninjured. (Code 1983, § 10.13, eff. 1-1-83; Ord. No. 2, 2nd series, eff. 4-26-83) Cross reference —Kennels, § 6.38. CD 10:18 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.20 Secs. 10.14-10.19. Reserved. Sec. 10.20. Shade tree disease control and prevention. Subd. 1. Policy and purpose. The city has determined that the health of oak and elm trees is threatened by fatal diseases known as oak wilt and Dutch elm disease. It has also been determined that the health of many tree species may be threatened by diseases of an epidemic nature. It has further been determined that the loss of oak, elm and other trees threatened by epidemic diseases on public and private property would substantially depreciate the value of property and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the council to control and prevent the spread of these diseases and provide for the removal of dead or diseased trees as nuisances. Subd. 2. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Shy tree disease means Dutch elm disease, oak wilt, or any other tree disease of an epidemic nature as declared by the council. B. Nuisance means: 1. Any living or standing trees infected to any degree with a shade tree disease. 2. Any logs, branches, stumps, or other parts of any dead or dying tree so infected unless such parts have been fully burned or treated under the direction of the city forester or tree inspector. 3. Any standing dead trees or limbs on public or private property which may threaten human health or property. C. Forester means a qualified person, holding a combination of education and experience equivalent to a four year college degree in urban forestry, hired to perform the duties of the city forester as designated by the council. The forester shall exercise the powers and duties necessary to enforce the provisions of this section. The forester shall be a certified pesticide applicator and a certified tree inspector under the laws of the state. The powers and duties of the forester may be assigned to other qualified persons in his absence. D. Duties of city forester. It is the duty of the city forester to administer all activities of the city relating to the control and prevention of Dutch elm disease, oak wilt, and other epidemic diseases of shade trees. Each year the city forester shall recommend the details of a program for the control of said diseases and perform the duties incident to such a program. The city forester shall also act as liaison between the city and the public, keeping the public informed of new changes, modifications or developments related to city policies or tree maintenance. E. Duties of tree inspectors. It is the duty of tree inspectors, under direction and control of the city forester, to know the appropriate state laws and rules relative to oak wilt, Dutch elm, and other epidemic diseases of shade trees and to know the approved control methods of these diseases. The inspectors must know the proper method of CD10:19 § 10.20 EAGAN CODE collecting samples for the purpose of diagnosing disease. The inspector, when so designated, shall assist the city forester in the planning and control of shade tree diseases. Subd. 3. Scope and adoption by reference. Minn. Stat. § 18.023, is hereby adopted by reference, together with the rules and regulations of the state commissioner of agriculture relating to shade tree diseases; provided, that this section shall supersede such statutes, rules and regulations, only to the extent of inconsistencies. Subd. 4. Unlawful act. It is unlawful for any person to keep, maintain or permit, upon premises owned by him or upon public property where he has the duty of tree maintenance, any nuisance as herein defined. Subd. 5. Inspection, diagnosis and abatement. It is the power and duty of the city forester or tree inspector to enter upon public or private property at any reasonable time for the purpose of inspecting for and diagnosing and, if necessary, abating shade tree disease. In the case of suspected shade tree disease and in performance of his duties, the tree inspector or city forester may remove such specimens or samples as may be necessary or desirable for diagnosis. Subd. 6. Abatement of nuisance. Abatement of a nuisance, defined herein, shall be by spraying, removing, burning, or otherwise effectively treating the infected tree or wood to prevent spread of shade tree disease. Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designed by the commissioner of agriculture of the state. The city shall establish specifications for tree removal and disposal methods consistent therewith. Such standards shall be kept on file in the office of the city forester and shall be revised from -time to time based on current research. Subd. 7. Procedure for removal of infected trees and wood. A. Whenever the city forester or tree inspector finds, with reasonable certainty, that the infection or danger of infection exists in any tree or wood on any public or private property, he shall proceed as follows: 1. If the tree inspector or city forester finds that the danger of infection of other trees is not imminent because of dormancy of shade tree disease, he may choose to reinspect said tree either later the same growing season or at the beginning of the following growing season. If at that time the tree has not recovered, the tree inspector or city forester shall proceed by abating the nuisance as a public improvement under Minn. Stat. ch. 429. 2. If the tree inspector or city forester finds that danger of infection of other trees is imminent, he shall notify the owner of the property by certified mail that the nuisance will be abated by a specific time, not more than 20 days from the date of receipt of such notice. After the expiration of the notice the tree inspector may abate the nuisance. 3. If the tree inspector or city forester finds with reasonable certainty that immediate action is required to prevent the spread of shade tree disease, he may CD10:20 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.20 proceed to abate the nuisance forthwith. When an outside contractor is hired to abate said nuisance, that contractor must meet the licensing requirements as stated in section 7.08, subdivision 1, of the City Code. The city forester shall, upon the completion of the nuisance abatement, ascertain the cost attributable to each lot. The city clerk -treasurer shall certify to the county auditor a statement of the amount of the cost incurred by the city. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. B. The tree inspector shall keep a record of the costs of abatements done under this subdivision and shall report monthly to the city clerk -treasurer all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. C. On or before September 1 of each year, the city clerk -treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The council may then spread the charges or any portion thereof against the property involved as a special assessment under Minn. Stat. § 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. D. No damage shall be awarded the owner for destruction of any tree, wood or part thereof pursuant to this section. Subd. 8. Spraying trees. A. Whenever the city forester or tree inspector determines that any tree or wood is infected or threatened with infection, he may spray or treat all nearby high value trees with an effective pesticide or fungicide or both. Activities authorized by this subdivision shall be conducted in accordance with technical and expert specifications or, where appropriate, the plans of the commissioner of agriculture. B. The notice and assessment provisions of subdivision 7 apply to spraying and treatment operations conducted under this subdivision. Subd. 9. Transporting wood prohibited. It is a petty misdemeanor for any person to transport any elm wood into or through the city unless the same is debarked or, in the months of April, May or June, to transport any oak wood, without having obtained a permit from the tree inspector. The tree inspector shall grant such permits only when the purposes of this section will be served thereby. Subd. 10. Interference prohibited. It is unlawful for any person to prevent, delay or interfere with the city forester or tree inspector while he is engaged in the performance of duties imposed by this section. Subd. 11. Diseased trees in streets. The rights, duties and responsibilities of property owners set forth in this section shall be equally applicable to and binding upon abutting property owners with tree maintenance responsibilities under section 7.08 of the City Code entitled Regulation of Grass, Weeds and Trees. CD10:21 § 10.20 EAGAN CODE Subd. 12. Subsidies. The duty of any property owner to bear the cost of removing or maintaining trees, whether by private contract or assessment, may be subject to a subsidy policy, if any, established by the city for the treatment or removal of trees infected with shade tree disease. (Code 1983, § 10.20, eff. 1-1-83; Ord. No. 107, 2nd series, eff. 7-27-90) Sec. 10.21. Planting and maintenance of trees and grass on private property. Subd. 1. Purpose and application. The regulations set forth in this section are for the purposes of protecting and promoting the public health, safety and general welfare of the people of the city by regulating the planting and maintenance of trees in order to protect trees and to prevent and abate hazardous and nuisance conditions within the city. This section applies to all private property at all times on a continuing basis. Subd. 2. Lawn establishment and maintenance. A. Scope and application. The provisions of this subdivision shall apply to any property which has been approved by the city for development or has been improved with a building, as defined in the building code, including vacant property combined with improved property for tax purposes. B. Definitions. 1. Meadow means an area of grasses and flowering broadleaf plants, excluding noxious weeds and turfgrass, which are native or adaptive to the state, including, but not limited to, sedge meadow, mesic prairie, dry prairie, wet prairie and perennial wildflower communities. 2. Woodland means an area of coniferous or deciduous trees interspersed with shrubs, grasses, broadleaf plants, and other vegetation, excluding noxious weeds, which are native or adaptive to the state. 3. Turfgrasses means commercially available cultured turfgrass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. 4. Turfgrass means an area of land which is occupied by a minimum of 90 percent turfgrasses. 5. Regularly cut means mowing or otherwise cutting the vegetation so it does not exceed six inches in height. 6. Noxious weeds means those plants designated as such in Minn. Stat. § 18.77, subd. 8. 7. Property means that property to which this subdivision applies. 8. Vegetation means any nonwoody plant. C. Turfgrass and meadow or woodland conditions establishment standards. 1. Turfgrass required. All disturbed or maintained areas of property which are not described in paragraph D(2) or occupied by buildings, parking, storage, landscape CD10:22 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.21 beds or other physical improvements shall be covered by maintainable turfgrass which is compatible to the existing property conditions, including soil, slope and shade conditions. All turfgrass shall be established through sodding or seeding and mulching within eight months of the issuance of the certificate of occupancy or within 12 months of issuance of a building permit, whichever is earlier. Any turfgrass establishment on and within three feet of all impervious surfaces shall be accomplished through sodding. The property owner shall be responsible for supplemental watering of all areas established with turfgrass to insure sufficient establishment and root development. All areas of the property shall comply with the provisions of the Eagan Erosion Control Manual and, in cases where turfgrass or other ground cover establishment is required for the purpose of controlling erosion, the city may, at its discretion, establish a shorter period of time for compliance with this provision. 2. Nonapplication of turfgrass establishment requirement. No more than 50 percent of all disturbed or maintained areas requiring turfgrass may be restored to a meadow or woodland condition, provided the following requirements are met: (a) The vegetation presently existing in the proposed restoration area shall be eliminated in its entirety, and the meadow or woodland vegetation shall be established through transplanting, seeding or other means of propagation. (b) No area restored to a woodland or meadow condition shall have any noxious weeds or any prohibited tree species as provided in this section. (c) A minimum of three feet of turfgrass shall be established and maintained along the edge of a property where a meadow or woodland restoration area abuts turfgrass areas on an adjoining property in order to provide a transition zone between the two types of plant communities. (d) Soil erosion shall be controlled during the transition period of a meadow or woodland restoration, and all areas of the property shall comply with the provisions of the Eagan Erosion Control Manual. D. Turfgrass and meadow or woodland conditions maintenance standards. 1. All vegetation shall not exceed a height of six inches, measured from the base at ground level to the tip of each stalk, stem, blade or leaf. 2. Paragraph D(1) herein shall not apply to the following: (a) A wetland or floodplain designated on the official city wetland inventory or zoning map; (b) A drainage pond or ditch which stores or conveys stormwater; (c) An area currently being used as pasture land for domestic hoofed animals; (d) An area in which the land and vegetation appears not to have been graded, landscaped, mowed or otherwise previously disturbed by human or mechan- ical means; (e) An area that is steeply sloped as to make mowing or cutting of the vegetation not reasonably practical for equipment operation or safety; and CD10:23 § 10.21 EAGAN CODE (f) A meadow or woodland area established and maintained in accordance with the provisions of this subdivision. 3. Public nuisance. The following shall constitute a public nuisance and shall be immediately abated by the property owner: (a) Noxious weeds; (b) Vegetation in violation of paragraph D(1) of this subdivision; and (c) Vegetation in violation of the public rights -of -way plant and vegetation placement provisions in the City Code. Subd. 3. City to control tree planting. It is unlawful to introduce prohibited species to any lot or land parcel where such trees are not naturally occurring. Prohibited species are defined as the following trees: Ginkgo (female only) Box elder Non -disease -resistant elm species Nonhybrid cottonwood species Subd. 4. Shade tree diseases. A. It is unlawful for any person to keep, maintain or permit, upon premises owned by him or upon public property where he has the duty of tree maintenance, any nuisance as defined in section 10.20 of the City Code. B. Inspection, diagnosis and abatement of a nuisance shall be by spraying, removing, burning, or otherwise effectively treating the infected tree or wood in accordance with the procedures and methods specified in section 10.20 of the City Code. Subd. 5. City to perform work. If any such owner or occupant fails to assume the primary responsibility described in subdivisions 2, 4 or 5 of this section and, after notice given, has not complied within the allowed time, the city may cause such work to be done, and the expenses thus incurred shall be a lien upon such real estate. The city clerk -treasurer shall certify to the county auditor of the county a statement of the amount of the cost incurred by the city. Such amount, together with interest, shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. (Code 1983, § 10.21, eff. 1-1-83; Ord. No. 107, 2nd series, eff. 7-27-90; Ord. No. 185, 2nd series, eff. 9-1-94) Sec. 10.22. Reserved. (Code 1983, § 10.22, eff. 1-1-83; Ord. No. 119, 2nd series, eff. 6-4-91) Sec. 10.23. Rules and regulations governing public parks and recreation areas. Subd. 1. Unlawful acts (general rules). It is unlawful for any person, in any park or recreation area, to: A. Deface, destroy, tamper with, injure, or remove any city property, including, but not limited to, furniture, structures, vegetation, signs or soils. CD10:24 • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.23 B. Scatter or litter the grounds or any lake, pond, or watercourse within or draining into a park with any form of trash, but shall place such material in the proper receptacles where these are provided; where receptacles are not provided, all such trash shall be carried away from the area by the person responsible for its presence. C. Start a fire, except a small fire for cooking purposes in a designated area, and then only in a fire ring, grill or portable stove, or fail to fully extinguish such a fire. D. Use any land or body of water for a launching or landing operation for flying apparatus except by permit from the council or park director. Powered model aircraft may only be flown in areas which will not interfere with sport games or any other park activities. E. Sell, solicit or conduct any commercial enterprise unless authorized by written permit from the council or park director. F. Play games which interfere with appropriate use of the rinks, sledding or tobogganing areas or use hockey sticks or pucks in areas not designated for hockey play or loiter on the ice or in park buildings. G. Paste, affix or inscribe any handbill, poster or sign or distribute handbills, circulars or announcements of any kind for a commercial purpose. Subd. 2. Unlawful acts (hours and conduct). It is unlawful for any person, in any park or recreation area, to: A. Remain between 11:00 p.m. and 5:00 a.m. without a written permit from the council or park director. No privately owned vehicle shall remain during these same hours without a written permit. Any vehicle remaining after 11:00 p.m. without authoriza- tion shall be towed at the owner's expense. B. Be under the influence of an alcoholic beverage or controlled substance. C. Bring wine or liquor, as those terms are defined in chapter 5 of the City Code, or bring beer, as that term is defined in said chapter, in kegs, barrels or case lot quantities except where authorized by written permit from the council or park director. D. Use, possess or sell any controlled substance. E. Appear nude, seminude, commit any nuisance or use threatening, abusing, insulting, obscene or indecent language or act in an indecent, lascivious, or improper manner or do any act which constitutes a breach of the public peace. F. Harass any visitor or behave in a reckless manner which would endanger any visitor or visitor's property. G. Swim or wade except in designated areas. H. Park a bike, except at a bicycle rack if provided, and, if not provided, in such a manner as to create a hazard or interfere with other visitors or activities. I. Engage in any form of gambling. CD10:25 § 10.23 EAGAN CODE J. Strike or otherwise propel a regulation golf ball. K. Disobey any reasonable order or direction of any city employee, law enforcement officer, or other person designated by the council or park director to give such orders or directions. Subd. 3. Unlawful acts (animals in the park). It is unlawful for any person, in any park or recreation area, to: A. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wildlife, except that fishing is permitted. B. Bring any dog, cat or other creature unless caged or kept on a leash not more than six feet in length. C. Permit a creature to disturb, harass, or interfere with or endanger any visitor or visitor's property, or tether any creature to a tree, plant, building or park equipment. D. Ride, lead or permit a horse, except in designated riding areas. E. Permit a creature to enter unauthorized areas. Unauthorized areas are active play areas, picnic areas and park buildings. F. Release any insect, fish, animal or other wildlife or introduce any plant, chemical or other agent potentially harmful to the vegetation, water supply or wildlife of the area. Subd. 4. Unlawful acts (weapons and fireworks). It is unlawful for any person, in any park or recreation area, to: A. Possess, carry, fire or discharge any firearm within or into any park or recreation area from beyond its boundaries, except that authorized bows and arrows may be permitted in designated archery areas. B. Discharge any fireworks without a permit from the council or park director. Subd. 5. Unlawful acts (equipment). It is unlawful for any person, in any park or recreation area, to: A. Operate a motor boat or other self-propelled watercraft. Nonmotorized watercraft are permitted. B. Drive or park any vehicle, except an authorized or emergency vehicle on any turf or other area not designated for parking or travel; wash, grease, dismantle, repair, change or deposit the oil of a vehicle anywhere in a park or recreation area. C. Operate a motorized recreational vehicle, except on marked trails and at times designated by the council and/or park director. Subd. 6. Rules and regulations. The council, park and recreation board or park director shall have the right to issue additional administrative rules and regulations relative to but not conflicting with this section. No person shall violate such rules or regulations, and any such violation may be subject to penalties of this section. • • • CD10:26 • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.24 Subd. 7. City employees. Nothing in this section shall prevent city employees including law enforcement officers from performing their assigned duties. Subd. 8. Discrimination in parks. No person involved in any event or in any use of the parks or recreation areas, including, but not limited to, sponsors of teams, shall deny another person access to, admission to, utilization of, or benefit from any such event or use because of race, age, sex, color, creed, religion or national origin. (Code 1983, § 10.23, eff. 1-1-83) State law reference —Recreational facilities, Minn. Stat. § 471.15. Sec. 10.24. Rules and regulations governing boating and related water activities within the city. Subd. 1. General. In order to promote the safety and the public welfare, the city hereby prohibits all usage of motor -driven watercraft, as defined in Minn. Stat. § 86B.005, subd. 18, on all lakes, ponds, impoundments, lying entirely within the corporate boundaries of the city. Subd. 2. Exceptions. A. Emergency purposes by U.S. coast guard, county sheriffs department, city police and fire departments, and other pertinent officials. B. Officials of the state department of natural resources, the state pollution control agency, city parks and recreation personnel, and personnel authorized by the director of parks and recreation. C. County personnel and their agents upon lakes within the county parks system. D. Electric trolling motor -driven watercraft shall be permitted. Subd. 3. Disturbance. No person shall navigate, direct, or handle any boat in such a manner as to unreasonably disturb or endanger the occupants of other boats or watercraft, persons, wildlife or domesticated animals, in or upon the water. Subd. 4. Ice fishing houses. No ice fishing house or dark house shall be placed on the ice of any public body of water, with the exception of Holland Lake. Portable structures that are removed at the completion of the fishing day are excepted from this provision. Subd. 5. Seasonal docks. All private seasonal docks shall be removed on or before October 30 of each year. No more than one seasonal dock shall be permitted for each separately owned abutting lakeshore parcel. No seasonal dock shall exceed the following standards: (1) extend 20 feet from the shoreline, and (2) cover more than 60 square feet of water surface. Subd. 6. Pontoons and floating rafts. All private pontoons and floating rafts shall be removed, completely, from all surface waters by October 30 of each year. Only one pontoon or floating raft per property owner shall be allowed, and no pontoon or floating raft shall cover more than 81 square feet of surface water. Each structure shall have a minimum of four red or blue colored reflectors affixed on its sides and shall have the owner's name and address clearly affixed. CD10:27 § 10.24 EAGAN CODE Subd. 7. Adoption of state laws. Minn. Stat. ch. 86B (Water Safety, Watercraft, and Watercraft Titling) and 6 MCAR 1.0200-1.0212 (Boat and Water Safety Rules), as amended, are hereby adopted and incorporated by reference as part of this section. (Code 1983, § 10.24, eff. 1-1-83; Ord. No. 18, 2nd series, eff. 11-30-84; Ord. No. 119, 2nd series, eff. 6-14-91) Cross reference—Shoreland zoning, § 11.21. Sec. 10.25. Compliance with wetland conservation statutes and regulations. It is unlawful for any person to conduct any activity, including, but not limited to, draining, filling or burning, in wetland areas as governed by state wetland conservation statutes and regulations and any amendments thereto hereafter without first notifying the city of such activity. (Ord. No. 144, 2nd series, eff. 5-27-92) Cross reference—Shoreland zoning, § 11.21. Secs. 10.26-10.29. Reserved. Sec. 10.30. Curfew. Subd. 1. Curfew —Minors under the age of 16. It is unlawful for any minor person under the age of 16 years to be or loiter upon the streets or public places between the hours of 10:00 p.m. and 5:00 a.m. of the day next following. Subd. 2. Curfew —Minors who are 16 or 17 years of age. It is unlawful for any minor person 16 or 17 years of age to be or loiter upon the streets or public places between the hours of 12:00 midnight and 5:00 a.m. of the day next following. Subd. 3. Curfew —Parents and guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 4. Curfew —Places of amusements, entertainment or refreshment. It is unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment or other place of business to allow or permit any minor person under the age of 18 years to be or loiter in such place in violation of this section unless such minor is accompanied by a person of lawful age having such minor person in charge. This subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 5. Exceptions. Such curfew shall not apply to any students under the age of 18 years who are lawfully attending, going to or returning from school, church, or community -sponsored athletic, musical or social activities or events, or employment. (Code 1983, § 10.30, eff. 1-1-83; Ord. No. 16, 2nd series, eff. 4-27-84) CD10:28 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.32 Sec. 10.31. Noisy parties or gatherings. Subd. 1. Participation. It is unlawful for any person to be present at or participate in a noisy party or gathering of people from which noise emanates of sufficient volume or nature so as to disturb the peace, quiet or repose of other persons, whether on public or private property. Failure of any person, not the owner or in possession of property upon which such gathering is in progress, to leave, when so ordered by a police officer, is a violation of this subdivision. Subd. 2. Abatement. It is unlawful for any person, owning or possessing property upon which a party or gathering described in subdivision 1 is in progress, to fail to abate such noise upon an order of a police officer. (Code 1983, § 10.31, eff. 1-1-83) Sec. 10.32. Obstructions on public property. Subd. 1. Obstructions. It is unlawful for any person to place, deposit, display or offer for sale any fence, goods or other obstructions upon, over, across or under any public property without first having obtained a written permit from the council, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. Subd. 2. Fires. Except where authorized in this Code, it is unlawful for any person to build or maintain a fire upon public property. Subd. 3. Dumping on public property. It is unlawful for any person to throw or deposit on public property any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemicals thereon. It is a violation of this section to place or store any building materials or waste resulting from building construction or demolition on public property without first having obtained a written permit from the council. Subd. 4. Signs and other structures. It is unlawful for any person to place or maintain a sign, advertisement, or other structure on public property without first having obtained a written permit from the council. Subd. 5. Snow or ice on public property. It is unlawful for any person not acting under a contract with the city to dump snow or ice on public property. Subd. 6. Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. Subd. 7. Condition. Before granting any permit under any of the provisions of this section, the council may impose such insurance or bonding conditions thereon as it, considering the CD10:29 § 10.32 EAGAN CODE projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of such obstruction. (Code 1983, § 10.32, eff. 1-1-83) Sec. 10.33. Reserved. (Code 1983, § 10.33, eff. 1-1-83; Ord. No. 33, 2nd series, eff. 5-6-86) Sec. 10.34. Drug paraphernalia —Possession, manufacture, delivery and advertise- ment prohibited.* Subd. 1. Definitions. A. Drug paraphernalia. "Drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compound- ing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or other- wise introducing into the human body a controlled substance in violation of Minn. Stat. ch. 152. It includes, but is not limited to: 1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; 2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; 3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; 4. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; 5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; 6. Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances; 7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana; 8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances; 9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; *State law reference —Drug paraphernalia, Minn. Stat. § 152.092 et seq. CD10:30 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.34 10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; 11. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; 12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (b) Water pipes; (c) Carburetion tubes and devices; (d) Smoking and carburetion masks; (e) Roach clips: meaning objects used to hold burning material such as a marihuana cigarette, that has become too small or too short to be held in the hand; (f) Miniature cocaine spoons, and cocaine vials; (g) Chamber pipes; (h) Carburetor pipes; (i) Electric pipes; (j) Air -driven pipes; (k) Chillums; (I) Bongs; (m) Ice pipes or chillers. B. Other terms. Other terms are as defined in Minn. Stat. § 152.01. C. Evidence. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: 1. Statements by an owner or by anyone in control of the object concerning its use; 2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; 3. The proximity of the object, in time and space, to a direct violation of this act; 4. The proximity of the object to controlled substances; 5. The existence of any residue of controlled substances on the object; 6. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of Minn. Stat. ch. 152; the CD10:31 § 10.34 EAGAN CODE innocence of an owner or of anyone in control of the object, as to a direct violation of Minn. Stat. ch. 152, shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia; 7. Instructions, oral or written, provided with the object concerning its use; 8. Descriptive materials accompanying the object which explain or depict its use; 9. National and local advertising concerning its use; 10. The manner in which the object is displayed for sale; 11. Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; 12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; 13. The existence and scope of legitimate uses for the object in the community; 14. Expert testimony concerning its use. Subd. 2. Prohibitions. A. Possession of drug paraphernalia. It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minn. Stat. ch. 152. B. Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent- to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minn. Stat. ch. 152. C. Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates subparagraph B, above, by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a special offense. D. Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Subd. 3. Civil forfeiture. All drug paraphernalia as defined by subdivision 1 is subject to forfeiture, subject to the provisions set forth in Minn. Stat. § 609.5311 et seq, in the same manner as if said forfeiture were pursuant to Minn. Stat. ch. 609. (Ord. No. 74, eff. 11-06-80; Code 1983, § 10.34, eff. 1-1-83) CD10:32 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.40 Sec. 10.35. Stalking and harassing behavior. Subd. 1. Stalking prohibited. A person who commits any of the following shall be guilty of stalking: A. Willfully and repeatedly follows another person and makes a credible threat to that person; or B. Repeatedly makes any form of communication to a person, whether or not a conversation ensues, and makes a credible threat to that person; or C. Willfully and repeatedly harasses another person and makes a credible threat to that person. Subd. 2. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Credible threat means a threat, through words or actions, that would cause a reasonable person to be in fear for that person's life or safety. B. Repeatedly means on more than one occasion within a six-month period or three or more occasions within a 12-month period. C. Harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms or harasses the person and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress. Subd. 3. Unlawful act. It is unlawful for any person to violate any provision of this section. (Ord. No. 157, 2nd series, eff. 1-29-93) Secs. 10.36-10.39. Reserved. Sec. 10.40. Minnesota Uniform Fire Code. Subd. 1. Adoption. The 1991 edition of the Minnesota Uniform Fire Code is hereby adopted as though set forth verbatim herein. One copy of said code shall be marked "City of Eagan —Official Copy" and kept on file in the office of protective inspections and open to inspection and use by the public. Subd. 2. Enforcement. A. The fire chief or his authorized representative shall enforce the provisions of this section. B. The fire chief may detail such members of the fire department as inspectors as shall from time to time be necessary. The fire chief may recommend the employment of technical inspectors who, when such authorization is made, shall be selected through CD 10:33 § 10.40 EAGAN CODE an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. Subd. 3. Definitions. A. Whenever the word "jurisdiction" is used in the Minnesota Uniform Fire Code, it shall be held to mean the city. B. Wherever the term "corporation counsel" is used in the Minnesota Uniform Fire Code, it shall be held to mean the city attorney. Subd. 4. New materials, processes or occupancies which may require permits. The chief building official, a representative appointed by the council and the fire chief or his represen- tative shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The fire chief shall post such names in a conspicuous place in his office and distribute copies thereof to interested persons. Codifier's note —Ord. No. 175, 2nd series, repealed prior subdivision 4 entitled "Amend- ments Made in the Minnesota Uniform Fire Code," and renamed subdivision 5 as subdivision 4. Subd. 5. Fire lane signage requirements. A. Purpose. The purpose of this subdivision is to create a uniformity in fire lane signage throughout the city, thereby furthering the prevention and control of fires and fire hazards. B. Standards. All fire lanes on private and public property as designated and approved by the fire chief shall be marked by signage in accordance with the following standards: 1. The sign plate shall be 12 x 18 inches; 2. The sign plate shall be made of aluminum and shall have red lettering on a white 3M or equal engineer's grade reflective sheeting; 3. The sign shall only read: No Parking Fire Lane 4. A sign shall be posted at each end of the fire lane and at every 100-foot interval along the fire lane; 5. The sign shall face the direction of travel; 6. The post on which the sign is attached shall be set back at least two feet but not more than three feet from the curb or driving surface; and 7. The bottom of the sign plate shall be at least seven feet above the ground. 8. The signpost and its foundation and sign mountings shall be so constructed as to hold signs in a proper and permanent position, to resist swaying in the wind or displacement by vandalism. (Code 1983, § 10.40, eff. 1-1-83; Ord. No. 166, 2nd series, eff. 5-14-93; Ord. No. 175, 2nd series, eff. 2-4-94; Ord. No. 183, 2nd series, eff. 6-24-94) Cross reference —Fire department, § 2.32. CD10:34 • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.43 Sec. 10.41. Air pollution control. The air pollution control rules, promulgated by the state pollution control agency, are hereby adopted by reference as though set forth verbatim herein. Three copies of said rules shall be marked "City of Eagan —Official Copy" and kept on file in the office of the city clerk -treasurer and open to inspection and use by the public. It is unlawful to violate a provision of this section or of the air pollution control rules hereby adopted by reference. (Code 1983, § 10.41, eff. 1-1-83) Sec. 10.42. Noise pollution regulations. Subd. 1. Adoption of regulations. The noise pollution control section of the state regulations published by the state pollution control agency are hereby adopted by reference as though set forth verbatim herein. Two copies of said regulations shall be marked "City of Eagan —Official Copy" and kept on file in the office of the city clerk -treasurer and open to inspection and use by the public. Subd. 2. Unlawful act. It is unlawful for any person to create or maintain levels of sound in excess of those permitted by the noise pollution standards. Subd. 3. Alternative remedy. The city may, at its option, seek civil injunctive relief to enforce the noise pollution regulations adopted in this section. (Code 1983, § 10.42, eff. 1-1-83) Sec. 10.43. Fire, burglary and safety alarm regulations and requirements. Subd. 1. Purpose. This section regulates the use of fire, burglary and safety alarms for the purpose of preventing the public safety services from misuse of public safety alarms through frequency of false alarms. Subd. 2. Definitions. For the purpose of this section: A. Alarm user means the person using an alarm system to protect his premises, regardless of whether he owns or leases the system. B. Alarm system means and includes any alarm installation designed to be used for the prevention or detection of burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system. C. False alarm means the occurrence of an alarm in an alarm system for any reason other than an authorized intrusion or attempted robbery; or call to an existing fire. D. Financial institution means a commercial bank, savings and loan association, credit union or establishment leasing safe deposit boxes. E. Audible alarm means a device designed for the detection of smoke or fire or of an unauthorized entry on the premises, which alarm activates or generates an audible sound on or near the premises. CD10:35 § 10.43 EAGAN CODE F. Calendar year means the period January 1 through December 31 of each year. Subd. 3. Regulations and requirements. A. Audible alarm. All audible alarms shall meet the following requirements: 1. Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or service to such alarm system during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. 2. Alarm systems with audible alarm signals, except for fire alarms, shall have an automatic shutoff which will silence the audible alarm signal within a period not to exceed 20 minutes. B. In-house enunciation panel. Financial institutions having an alarm system with multiple sensors shall have an in-house annunciation panel providing specific annunciation of the sensors at a private monitoring location on the premises. When, in the judgment of the police department, no such private monitoring location is possible upon the premises, the requirements of this subparagraph B may be waived. C. No person shall install an alarm system or use, monitor, and possess an operative alarm system which utilizes taped or prerecorded messages which deliver a telephone alarm message to the police or fire department. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number 911. Subd. 4. Schedule of payment rates. A. Users of alarm systems shall be permitted three false alarms per calendar year and pay an amount established by resolution for each false alarm thereafter. B. A false alarm is excused if prior written notification stating the exact time is given to the police department, and the alarm is activated for the purposes of testing or upgrading the alarm system. C. All billings provided for in this subdivision are delinquent 30 days after mailing a statement to the alarm users. Delinquent payments are subject to a ten -percent penalty of the amount due. All delinquent charges and penalties shall be certified by the city clerk to the county auditor who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the property of the delinquent alarm user. (Code 1983, § 10.43, eff. 1-1-83; Ord. No. 150, 2nd series, eff. 12-11-92) Cross reference —Fire department, § 2.32. Secs. 10.44-10.49. Reserved. CD10:36 • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.52 Sec. 10.50. Abandoning a motor vehicle. It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of such property. For the purpose of this section, a "motor vehicle" is as defined in Minn. Stat. ch. 169, and an "abandoned motor vehicle" is as defined in City Code, section 2.70. (Code 1983, § 10.50, eff. 1-1-83) Cross references —Disposal of abandoned motor vehicles, § 2.70; traffic regulations, ch. 8. Sec. 10.51. Junk cars, furniture, household furnishings and appliances stored on public or private property. It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle; household furnishings or appliances; or parts or components thereof on any property, public or private, unless housed within a lawfully erected building. Any violation of this section is declared to be a nuisance and, upon seven days written notice to the owner, as shown by the records in the office of the county auditor, of private premises on which such material is found, the city may remove the same and certify the cost of such removal as any other special assessment. (Code 1983, § 10.51, eff. 1-1-83) Cross reference —Traffic regulations, ch. 8. Sec. 10.52. Prohibited use and parking of mobile homes and recreational camping vehicles. Subd. 1. Definitions. The terms "mobile home" and "recreational camping vehicle" shall mean and include the following definitions: A. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer. B. Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. C. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. D. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. Subd. 2. Unlawful acts. A. It is unlawful for any person to park a mobile home or recreational camping vehicle upon public or private property for human habitation except in a licensed mobile home park. B. It is unlawful for any person to park or store a mobile home or recreational vehicle in the setback area of any property in a "residence district" for more than 72 hours, and CD 10:37 § 10.52 EAGAN CODE in no event may such mobile home or recreational vehicle be parked within 15 feet of the improved portion of any roadway. For the purpose of this provision, the term "setback" means within 15 feet of the improved portion of any roadway. (Code 1983, § 10.52, eff. 1-1-83) Cross references —Traffic regulations, ch. 8; parking regulations, ch. 9. Secs. 10.53-10.98. Reserved. Sec. 10.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a code adopted by reference by this chapter and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 10.99, eff. 1-1-83) CD10:38 • 11 Land Use Regulation (Zoning) • • • 12 Comprehensive Guide Plan and Land Use Regulations • • • • • • SUPPLEMENT NO. 3 July 1998 CODE OF ORDINANCES City of EAGAN, MINNESOTA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 257, 2nd, effective April 16, 1998. See the Code Comparative Table for further information. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) CD2:1, CD2:2 CD2:1, CD2:2 CD2:7, CD2:8 CD2:7—CD2:8.1 CD6:1 CD6:1 CD6:19, CD6:20 CD6:19, CD6:20 CD6:37, CD6:38 CD6:37—CD6:55 CD7:3—CD7:10 CD7:3—CD7:10.2 CD10:9—CD10:16 CD10:9—CD10:16.2 CD11:3—CD11:4.1 CD11:3—CD11:4.1 CD11:9—CD11:12.1 CD11:9—CD11:12.1 CD11:43—CD11:94 CD11:43—CD11:94.8 CCT:7, CCT:8 CCT:7—CCT:9 SLT:1, SLT:2 SLT:1, SLT:2 CDi:1—CDi:38 CDi:1—CDi:21 CDi:23—CDi:38.3 CDi:43, CDi:44 CDi:43, CDi:44 CDi:53, CDi:54 CDi:53, CDi:54 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE • • Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC CD2:23, CD2:24 OC iii OC CD3:1 OC vii, viii OC CD3:3, CD3:4 OC ix OC CD3:5, CD3:6 OC xi OC CD3:7, CD3:8 OC xii.i, xii.ii 1 CD3:9, CD3:10 OC xiii 1 CD3:11, CD3:12 OC CD1:1 OC CD3:13, CD3:14 OC CD1:3, CD1:4 OC CD3:15 OC CD1:5, CD1:6 OC CD4:1 2 CD1:7, CD1:8 OC CD4:3, CD4:4 OC CD1:9 OC CD4:5, CD4:6 OC CD2:1, CD2:2 3 CD4:7, CD4:8 OC CD2:3, CD2:4 OC CD4:9, CD4:10 OC CD2:5, CD2:6 OC CD4:11, CD4:12 OC CD2:7, CD2:8 3 CD4:13, CD4:14 OC CD2:8.1 3 CD4:15, CD4:16 OC CD2:9, CD2:10 OC CD4:17, CD4:18 OC CD2:11, CD2:12 2 CD4:19, CD4:20 OC CD2:13, CD2:14 OC CD4:21, CD4:22 OC CD2:15, CD2:16 OC CD4:23, CD4:24 OC CD2:17, CD2:18 OC CD4:25, CD4:26 2 CD2:19, CD2:20 OC CD5:1, CD5:2 OC CD2:21, CD2:22 OC CD5:3, CD5:4 1 Supp. No. 3 [1] EAGAN CODE Page No. Supp. No. Page No. Supp. No. CD5:5, CD5:6 1 CD7:9, CD7:10 3 CD5:6.1 1 CD7:10.1, CD7:10.2 3 CD5:7, CD5:8 OC CD7:11, CD7:12 OC CD5:9, CD5:10 2 CD8:1 OC CD5:11, CD5:12 OC CD8:3, CD8:4 OC CD5:13, CD5:14 OC CD8:5, CD8:6 OC CD5:15, CD5:16 OC CD8:7, CD8:8 OC CD5:17, CD5:18 2 CD8:9 OC CD5:19, CD5:20 2 CD9:1 OC CD5:21, CD5:22 OC CD9:3, CD9:4 OC CD5:23 OC CD9:5, CD9:6 OC CD6:1 3 CD9:7, CD9:8 OC CD6:3, CD6:4 OC CD10:1 OC CD6:5, CD6:6 OC CD10:3, CD10:4 OC CD6:7, CD6:8 OC CD10:5, CD10:6 OC CD6:9, CD6:10 OC CD10:7, CD10:8 OC CD6:11, CD6:12 OC CD10:9, CD10:10 3 CD6:13, CD6:14 OC CD10:11, CD10:12 3 CD6:15, CD6:16 OC CD10:13, CD10:14 3 CD6:17, CD6:18 OC CD10:15, CD10:16 3 CD6:19, CD6:20 3 CD10:16.1, CD10:16.2 3 CD6:21, CD6:22 1 CD10:17, CD10:18 OC CD6:23, CD6:24 1 CD10:19, CD10:20 OC CD6:24.1 1 CD10:21, CD10:22 OC CD6:25, CD6:26 OC CD10:23, CD10:24 OC CD6:27, CD6:28 OC CD10:25, CD10:26 OC CD6:29, CD6:30 OC CD10:27, CD10:28 OC CD6:31, CD6:32 OC CD10:29, CD10:30 OC CD6:33, CD6:34 OC CD10:31, CD10:32 OC CD6:35, CD6:36 1 CD10:33, CD10:34 OC CD6:37, CD6:38 3 CD10:35, CD10:36 OC CD6:39, CD6:40 3 CD10:37, CD10:38 OC CD6:41, CD6:42 3 CD11:1 OC CD6:43, CD6:44 3 CD11:3, CD11:4 3 CD6:45, CD6:46 3 CD11:4.1 3 CD6:47, CD6:48 3 CD11:5, CD11:6 OC CD6:49, CD6:50 3 CD11:7, CD11:8 OC CD6:51, CD6:52 3 CD11:9, CD11:10 3 CD6:53, CD6:54 3 CD11:11, CD11:12 3 CD6:55 3 CD11:12.1 3 CD7:1 OC CD11:13, CD11:14 OC CD7:3, CD7:4 3 CD11:15, CD11:16 2 CD7:5, CD7:6 3 CD11:17, CD11:18 2 CD7:7, CD7:8 3 CD11:19, CD11:20 2 Supp. No. 3 [2] • • • • • Page No. CD11:21, CD11:22 CD11:23, CD11:24 CD11:24.1 CD11:25, CD11:26 CD11:27, CD11:28 CD11:29, CD11:31, CD11:33, CD11:35, CD11:37, CD11:39, CD11:41, CD11:43, CD11:45, CD11:47, CD 11:49, CD11:51, CD11:53, CD11:55, CD11:57, CD11:59, CD11:61, CD11:63, CD11:65, CD11:67, CD11:69, CD11:71, CD11:73, CD11:75, CD11:77, CD11:79, CD11:81, CD11:83, CD11:85, CD11:87, CD11:89, CD11:91, CD11:93, CD11:30 CD11:32 CD11:34 CD11:36 CD11:38 CD11:40 CD11:42 CD11:44 CD11:46 CD11:48 CD11:50 CD11:52 CD11:54 CD11:56 CD11:58 CD11:60 CD11:62 CD11:64 CD11:66 CD11:68 CD11:70 CD11:72 CD11:74 CD11:76 CD11:78 CD11:80 CD11:82 CD11:84 CD11:86 CD11:88 CD11:90 CD11:92 CD11:94 CD11:94.1, CD11:94.2 CD11:94.3, CD11:94.4 CD11:94.5, CD11:94.6 CD11:94.7, CD11:94.8 CD11:95, CD11:96 CD11:97, CD11:98 CHECKLIST OF UP-TO-DATE PAGES Supp. No. 2 2 2 OC OC OC OC 2 OC 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 OC OC Supp. No. 3 [3] Page No. CD11:99, CD11:100 CD11:101, CD11:102 CD11:103, CD11:104 CD11:105, CD11:106 CD11:107, CD11:108 CD11:109 CD12:1 CD13:1 CD13:3, CD13:4 CD13:5, CD13:6 CD13:7, CD13:8 CD13:9, CD13:10 CD13:11, CD13:12 CD13:13, CD13:14 CD13:15, CD13:16 CD13:17, CD13:18 CD13:19, CD13:20 CD13:21, CD13:22 CD13:23, CD13:24 CD13:25, CD13:26 CD13:27, CD13:28 CD13:29, CD13:30 CD13:31, CD13:32 CD13:33, CD13:34 CD13:35, CD13:36 CD13:37, CD13:38 CD13:39, CD13:40 CD14:1 CD14:3, CD14:4 CD 15:1 CD25:1 CD25:3, CD25:4 CCT:1 CCT:3, CCT:4 CCT:5, CCT:6 CCT:7, CCT:8 CCT:9 SLT:1, SLT:2 CDi:1, CDi:2 CDi:3, CDi:4 CDi:5, CDi:6 CDi:7, CDi:8 CDi:9, CDi:10 CDi:11, CDi:12 Supp. No. OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC OC 3 3 3 3 3 3 3 3 3 EAGAN CODE Page No. Supp. No. CDi:13, CDi:14 3 CDi:15, CDi:16 3 CDi:17, CDi:18 3 CDi:19, CDi:20 3 CDi:21 3 CDi:23, CDi:24 3 CDi:25, CDi:26 3 CDi:27, CDi:28 3 CDi:29, CDi:30 3 CDi:31, CDi:32 3 CDi:33, CDi:34 3 CDi:35, CDi:36 3 CDi:37, CDi:38 3 CDi:38.1, CDi:38.2 3 CDi:38.3 3 CDi:39, CDi:40 2 CDi:41, CDi:42 OC CDi:43, CDi:44 3 CDi:45, CDi:46 OC CDi:47, CDi:48 2 CDi:49, CDi:50 OC CDi:51, CDi:52 OC CDi:53, CDi:54 3 CDi:55, CDi:56 OC CDi:57, CDi:58 OC CDi:59, CDi:60 OC CDi:61, CDi:62 2 CDi:63, CDi:64 2 Supp. No. 3 [41 • • • • • • Chapter 2 ADMINISTRATION AND GENERAL GOVERNMENT* Sec. 2.01. Authority and purpose. Sec. 2.02. Council meetings —Time and place. Sec. 2.03. Special meetings. Sec. 2.04. Council procedure at regular meetings. Sec. 2.05. City seal. Sec. 2.06. Right to administrative appeal. Sec. 2.07. Rules of procedure for appeals and other hearings. Sec. 2.08. Facsimile signatures. Sec. 2.09. City administrator. Sec. 2.10. Interim emergency succession. Sec. 2.11. Salaries of mayor and councilmembers. Sec. 2.12. Workers' compensation. Sec. 2.13. City clerk -treasurer. Sec. 2.14. Mayoral term of office. Sec. 2.15. Odd -year election. Sec. 2.16. Terms of office for transition to odd -year elections. Secs. 2.17-2.29. Reserved. Sec. 2.30. Departments generally. Sec. 2.31. Police department. Sec. 2.32. Fire department. Sec. 2.33. Legal department. Sec. 2.34. Public works department. Sec. 2.35. Protective inspections department. Sec. 2.36. Planning and zoning department. Sec. 2.37. Park and recreation department. Sec. 2.38. Issuance of citations. Secs. 2.39-2.49. Reserved. Sec. 2.50. Advisory commissions and committees generally. Sec. 2.51. Advisory planning commission. Sec. 2.52. Advisory parks commission. Sec. 2.53. Advisory board of adjustments and appeals. Secs. 2.54-2.69. Reserved. Sec. 2.70. Disposal of abandoned motor vehicles, unclaimed property and excess property. Sec. 2.71. Personnel rules and regulations. Sec. 2.72. Franchises. Sec. 2.73. Absentee ballot counting board. Sec. 2.74. Special assessment policy. Sec. 2.75. Deferment of special assessments. Sec. 2.76. Partial prepayment of special assessments. *Cross references —Reference to a public official, § 1.11; municipal and public utilities — rules and regulations, rates, charges and collections, ch. 3; administration of beer, wine and liquor regulations, § 5.02; administration and enforcement of land use regulations, § 11.40; administration and enforcement of subdivision regulations, § 13.40. State law reference —Statutory cities, Minn. Stat. § 412.013 et seq. Supp. No. 3 CD2:1 EAGAN CODE Sec. 2.77. Emergency preparedness plan. Sec. 2.78. Building numbers. Sec. 2.79. Community investment fund. Sec. 2.80. Local lodging tax. Secs. 2.81-2.98. Reserved. Sec. 2.99. Violation a misdemeanor. Stipp CD2:2 • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.15 Subd. 3. Duties of the interim emergency council. The interim emergency council shall exercise the powers and duties of their offices and appoint other key government officials to serve during the emergency. The council shall implement the city emergency plan then in effect. (Code 1983, § 2.10, eff. 1-1-83) Sec. 2.11. Salaries of mayor and councilmembers. Salaries of the mayor and council are hereby fixed as follows, which amounts are deemed reasonable: Subd. 1. The monthly salary of the mayor shall be $791.67. Subd. 2. The monthly salary of each councilmember shall be $573.33. (Code 1983, § 2.11, eff. 1-1-83; Ord. No. 178, 2nd series, eff. 3-18-94; Ord. No. 224, 2nd series, eff. 9-26-96) Sec. 2.12. Workers' compensation. Subd. 1. Contractors. The city shall not enter into any contract for doing public work before receiving from all other contracting parties acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes. Subd. 2. City officers. All officers of the city elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of workers' compensation entitlement. (Code 1983, § 2.12, eff. 1-1-83; Ord. No. 115, 2nd series, eff. 6-14-91) State law reference —Workers' compensation, Minn. Stat. ch. 176. Sec. 2.13. City clerk -treasurer. The offices of city clerk and city treasurer should be and they are hereby combined. (Code 1983, § 2.13, eff. 1-1-83) Cross reference —Payment into city treasury of fines and penalties, § 1.06. Sec. 2.14. Mayoral term of office. The term of office of the mayor of the city is hereby established to be four years, commencing with the ensuing term after the effective date of this section. (Ord. No. 123, 2nd series, eff. 8-16-91) Sec. 2.15. Odd -year election. The municipal general election in the city shall be held on the first Tuesday after the first Monday in November of every odd -numbered year, commencing with the odd -year elections immediately after the effective date of this section. (Ord. No. 124, 2nd series, eff. 8-30-91; Ord. No. 255, 2nd series, 3-26-98) Supp. No. 3 CD2:7 § 2.16 EAGAN CODE Sec. 2.16. Terms of office for transition to odd -year elections. Subd. 1. Terms of office. To provide an orderly transition to the odd -year election plan, the four-year term of office of the mayor and city councilmembers are hereby amended as follows: The terms of the two councilmembers whose current terms are scheduled to expire on the day before the first city council meeting in January 2001, are hereby shortened whereby the term shall expire on the day before the first city council meeting in January 2000. The terms of the mayor and the two councilmembers whose terms will commence in January 1999 and are scheduled to expire on the day before the first city council meeting in January 2003, are hereby shortened whereby the terms shall expire on the day before the first city council meeting in January 2002. (Ord. No. 256, 2nd series, eff. 3-26-98) Secs. 2.17-2.29. Reserved. Sec. 2.30. Departments generally. Subd. 1. Control. All departments of the city are under the overall control of the city administrator. Heads of all departments are responsible to the city administrator and subject to his supervision and direction, except as otherwise provided herein. Subd. 2. Appointment. All department heads and employees shall be recommended by the city administrator and appointed by the council. All appointments shall be for an indetermi- nate term and subject to any applicable civil service regulations in effect in the city. Subd. 3. Compensation. All wages and salaries shall be fixed and determined by the council. Subd. 4. Table of organization and lines of responsibility. The city administrator shall recommend, and the council may by resolution adopt, amend and from time to time revise, a table of organization and define lines of responsibility and authority for the efficient governmental organization of the city. Subd. 5. Budgetary information. The heads of all departments shall, during July in each year, file with the city administrator the projected financial needs of his department for the ensuing year. Such projections shall include information as to maintenance and operation of equipment, new equipment, personnel and such other information as may be requested by the city administrator. (Code 1983, § 2.30, eff. 1-1-83) Sec. 2.31. Police department. A police department is hereby established. The head of this department shall be known as the chief of police, and the number of additional members and employees of the police department shall be determined by the council, which may be changed from time to time. The mayor shall have, without the approval of the council, authority to appoint additional members of the police department for temporary duty when in his judgment an emergency exists for the Supp. No. 3 CD2:8 • • • • • • ADMINISTRATION AND GENERAL GOVERNMENT § 2.31 preservation of life or property. The chief of police and all members of the police department shall have the powers and authority of police officers generally and shall perform such duties as are required of them by the council or by law. The chief of police shall have general superintendence of the police department and custody of all property used and maintained for the purposes of said department. It is the duty of the chief of police, on or before the second business day in each month, to file with the city administrator a report as to all arrests made by and other activities of his department during the previous month. The chief of police shall also make and file such other reports as may be required by the council. For purposes of administration, animal control, civil defense and ambulance service are all a part of this department. (Code 1983, § 2.31, eff. 1-1-83) Cross references —Traffic regulations, ch. 8; parking regulations, ch. 9; public protection, crimes and offenses, ch. 10. Supp. No. 3 CD2:8.1 • • • Chapter 6 OTHER BUSINESS REGULATION AND LICENSING* Sec. 6.01. Definitions. Sec. 6.02. Applications. Sec. 6.03. Action on application, transfer, termination and duplicate license. Sec. 6.04. Fixing license fees. Sec. 6.05. Carrying or posting. Sec. 6.06. Penalty for property owner. Sec. 6.07. Responsibility of licensee. Sec. 6.08. Conditional licenses. Sec. 6.09. Renewal of licenses. Sec. 6.10. Insurance requirements. Sec. 6.11. License denial and fixing rates —Hearing. Sec. 6.12. Workers' compensation. Secs. 6.13-6.29. Reserved. Sec. 6.30. Mechanical amusement devices. Sec. 6.31. Dancehalls. Sec. 6.32. Shows. Sec. 6.33. Reserved. Sec. 6.34. Tobacco. Sec. 6.35. Gambling. Sec. 6.36. Solicitors. Sec. 6.37. Garbage, refuse and recycling haulers. Sec. 6.38. Kennels. Sec. 6.39. Massage therapy establishment and massage therapist licenses. Sec. 6.40. Reserved. Sec. 6.41. Stables. Sec. 6.42. Golf driving range. Sec. 6.43. Pet shops. Sec. 6.44. Tree maintenance contractors' licensing. Sec. 6.45. Pawnshop license. Sec. 6.46. Paintball sport facility. Sec. 6.47. Special hunting permit. Sec. 6.48. Commercial turf fertilizer application. Sec. 6.49. Adult establishments. Sec. 6.50. Adult companionship/escort services provider license. Secs. 6.51-6.98. Reserved. Sec. 6.99. Violation a misdemeanor. *Cross references —Construction licensing and permits, ch. 4; beer, wine and liquor licensing and regulation, ch. 5. Supp. No. 3 CD6:1 • • • OTHER BUSINESS REGULATION AND LICENSING § 6.37 in transit of liquid or solid cargo; that the vehicle be kept clean and as free from offensive odors as possible; and the vehicle not be parked in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. 1. There shall be four license categories defined by the type of account served: (1) commercial/multiple dwelling, (2) residential dwelling, (3) residential/multiple dwelling recycling, and (4) construction and demolition debris. 2. Commercial/multiple dwelling and residential dwelling hauling licenses include residential recycling licenses. (a) Residential recycling licensees may only collect recyclables as defined herein. 3. Residential dwelling hauling licensees shall make curbside recycling collection available to all residential dwelling accounts. Commercial/multiple-dwelling hauling licensees shall make recycling collection available to all multiple resi- dential dwelling accounts. At a minimum, such service shall include all targeted recyclables as defined herein. Commercial/multiple-dwelling hauling licensees shall make recycling collection available to all commercial establishment ac- counts no later than January 1, 1993. At a minimum, such service to commercial establishments shall include at least two targeted recyclables items as defined herein. 4. Residential dwelling hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all residential dwelling accounts within the daily hauling districts as defined by council action. (a) It is unlawful for refuse vehicles to operate on residential streets in such districts on any other day, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. 5. At a minimum, commercial/multiple dwelling hauling licensees shall make weekly collections of separated garbage, other refuse and recyclables for all multiple residential dwelling accounts no later than October 1, 1990. 6. It shall be the responsibility of the licensee that the name and telephone number of the owner of any and all containers which are located on and hauled off a construction or demolition site by the licensee be permanently affixed to each such container. B. Before a garbage, other refuse or recycling hauling license shall be issued, the applicant shall file with the city clerk -treasurer the following information evidencing insurance coverages and amounts from an insurance company authorized to do business within the state and/or a certificate of self insurance pursuant to Minnesota Statutes: 1. Auto liability coverage including all owned, nonowned and hired motor vehicles. Coverage provided should be in an amount of at least $250,000.00 for injury to or death of any one claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence, or a combined single limit of $500,000.00. Supp. No. 3 CD6:19 § 6.37 EAGAN CODE 2. Workers' compensation insurance certificate as required by Minnesota Statutes. C. The council, in the interest in maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The council shall issue no more than eight residential dwelling hauling licenses. No license shall be transferable between persons or entities. Any change in individual or corporate ownership or substitution in partners shall constitute a transfer and shall automatically terminate the license. D. Each applicant shall file with the city clerk -treasurer, before a garbage and refuse hauler or recycling license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. Every licensee shall provide prior notification of any change in rates to be implemented during the licensed period. 1. Residential dwelling hauling licensees rates shall include a minimum of three levels of regular service, priced on the basis of volume or weight with a rate structure designed to encourage reduction, re -usage and recycling. Residential dwelling hauling licensees are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle. E. No hauler operating on a route in a residential district shall operate a truck on any city street when the weight of said vehicle exceeds eight tons per axle. F. No hauler shall operate in a residential district after 8:30 p.m. or before 6:30 a.m. of any day, and no hauler shall operate in a residential district on Sunday. G. Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on said vehicle. H. All residential dwelling, commercial/multiple dwelling, and recycling hauling licensees shall report to the city, on the form provided for such purpose, the quantity of all recyclables and yard waste abated from the landfills. Such quantities shall be reported by tonnage, with the exception that yard waste may be reported in estimates of cubic yardage abated. Failure to certify accurate volumes in a timely manner may be cause for revocation of the hauling license. (Code 1983, § 6.37, eff. 1-1-83; Ord. No. 93, 2nd series, eff. 12-15-90; Ord. No. 130, 2nd series, eff. 11-29-91; Ord. No. 136, 2nd series, eff. 5-15-92; Ord. No. 192, 2nd series, eff. 1-12-95; Ord. No. 210, 2nd series, eff. 2-8-96; Ord. No. 213, 2nd series, eff. 3-14-96; Ord. No. 218, 2nd series, eff. 5-2-96; Ord. No. 222, 2nd series, eff. 9-12-96; Ord. No. 254, 2nd series, eff. 1-29-98) Sec. 6.38. Kennels. Subd. 1. Defined. For the purpose of this section, the term "kennel" means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats or combination, over six months of age, are kept, kept for sale, or boarded. Subd. 2. License required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the city. Supp. No. 3 CD6:20 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.48 Subd. 5. Conditions of license. The licensee shall comply with the following requirements: A. Random sampling. During the term of the license, the licensee shall permit the city to obtain a sample of any fertilizer to be applied within the city. The cost of analyzing fertilizer samples obtained from the licensee shall be paid by the licensee if the sample analysis indicates that the phosphorus content exceeds the levels permitted herein. B. Possession of license. The license, or a copy thereof, shall be in the possession of the licensee or its employees or agents when making fertilizer applications within the city. C. Timing of application. No fertilizer applications shall be made when the ground is frozen and in no event during the period of November 15 through April 1 of the succeeding year. D. Impervious surfaces. The licensee, or any employee or agent thereof, shall not apply, spill, or otherwise deposit fertilizer on impervious surfaces. Any fertilizer applied, spilled or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completely removed by the licensee before leaving the site. E. Buffer zones. No fertilizer shall be applied within 15 feet of the edge of any wetland, pond or lake. F. Fertilizer content and application rate. No licensee shall apply any fertilizer to turf within the city which contains more than three percent by weight of phosphate express as P205. Annual amounts shall not exceed 0.5 pounds of phosphate expressed as P205 per 1,000 square feet of lawn area unless the need for increasing the total application and rate of application is documented by a lawn soil phosphorus test by the University of Minnesota soil testing lab and taken within the previous two years. The provisions of this paragraph regarding fertilizer content and application rate restrictions shall not apply to newly established turf areas for the turfs first growing season. G. Recordkeeping. The licensee shall be responsible for maintaining a record of the pounds of phosphate, expressed as P205 per 1,000 square feet of land, applied to each site by the licensee during the year. Subd. 6. Responsibility of licensees. The conduct of agents or employees of a licensee, while engaged in the performance of their duties for the licensee under the license, shall be deemed the conduct of the licensee. Subd. 7. Non-compliance. Failure to comply with any requirement set forth in this section, any other violation of city code or any provision of Minn. Stat., Chapters 18C and 18D, shall constitute sufficient cause for the revocation of the license by the city council following a public hearing. Subd. 8. Duration and transferability of license. The license issued hereunder is effective for the period of January 1 to the following December 31 and must be renewed annually by the licensee. No license fee shall be prorated. A license issued hereunder is not transferable and any change in ownership of the licensed business shall terminate the license. (Ord. No. 231, 2nd series, eff. 4-1-97) Supp. No. 3 CD6:37 § 6.49 EAGAN CODE Sec. 6.49. Adult establishments. A. Findings and purpose. Minnesota State Attorney General's Office and the Cities of St. Paul, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Seattle, Washington; Houston, Texas; and Los Angeles, California, have conducted studies of the impact of adult establish- ments on their respective communities. Based on these studies and the information received at the public hearings on this issue, the city council finds: 1. Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult establishments experience increased crime rates (sex -related crimes in particular), lowered property values, increased transiency, neighborhood blight and potential health risks; 2. Adult establishments can have an adverse impact on adjacent commercial uses; 3. The adverse impacts which adult establishments have on surrounding areas diminish as the distance from the adult establishments increases; 4. Many members of the public perceive areas within which adult establishments are located as less safe than other areas which do not have such uses; 5. Adult establishments can exert a dehumanizing influence on persons attending nearby places of worship; children attending family day care homes, group family day care homes and child care centers; students attending schools; and people using parks. 6. The concentration of adult establishments in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the concentration of adult establishments. The presence of such businesses is perceived by others as an indication that the area is deteriorating which can cause other businesses and residents to move out of the vicinity. Declining real estate values, which can result from the concentration of such businesses, erode the city's tax base and contribute to a feeling that section of the city is depressed. 7. Adult establishments can increase the risk of exposure to communicable diseases. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of such establishments but also the general public. In order to minimize the detrimental effect adult establishments have on adjacent land uses, and to promote the public health, safety and general welfare of the city, the city council adopts the following licensing regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of adult establishments to locate in the city. Supp. No. 3 CD6:38 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.49 B. Definitions. For purposes of this section, these terms shall be defined as follows: 1. Adult establishment means any adult use as defined in this section or any business engaged in any of the following activities or which utilizes any of the following business procedures or practices: (a) A business that is conducted exclusively for the patronage of adults and to which minors are specifically excluded from patronage either by operation of law or by the owners of such business; or (b) Any business that has a substantial or significant portion of the business or establishment that is devoted to material or persons depicting, exposing, describ- ing, discussing or relating to specified sexual activities or specified anatomical areas. 2. Adult use means any of the activities and businesses defined below: (a) Adult body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or non - transparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas as defined herein. (b) Adult book store means an establishment used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tapes, video- tapes, motion picture films, CD ROMs or any other form of media, if such business is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such business or establishment is devoted to material distinguished and charac- terized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." (c) Adult cabaret means a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." (d) Adult companionship or escort services establishment or business means any person or business entity which receives a source of income, compensation or other consideration from providing the services of an escort to, or the placement of an escort with, a customer. For purposes of this section, an escort shall mean any individual hired for the purpose of accompanying another to or about social affairs, entertainments, or places of amusements, or at any place of public resort, or within any private quarters for compensation or consideration of any kind. An adult companionship or escort services establishment or business shall be licensed under this section. Any individual providing services as an escort, individually or as an agent of an adult companionship or escort services Supp. No. 3 CD6:39 § 6.49 EAGAN CODE establishment or business, shall be licensed pursuant to the adult companionship/ escort services provider license regulations in this chapter, subject to the regulations therein and in this section. (e) Adult conversation/rap parlor means a building or portion of a building which excludes minors by reason of age, or which provides the services of engaging in or listening to conversation, talk, or discussion distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (f) Adult entertainment facility means a building or portion of a building wherein an admission is charged for entrance or food or nonalcoholic beverages are sold or intended for consumption and wherein live presentation or entertainment distin- guished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas may be observed. (g) Adult health /sport club means a building or portion of a building which excludes minors by reason of age and wherein activities that are distinguished and characterized by an emphasis on "specified sexual activity" or "specified anatom- ical areas" occur. (h) Adult hotel or motel means a building or portion of a building wherein hotel or motel services are provided from which minors are specifically excluded from patronage and in which material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." (i) Adult massage parlor means an adult establishment which restricts minors by reason of age and which provides the services of massage services, other than therapeutic, health-care related massage services governed by Chapter 6 of this Code, that is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (j) Adult mini motion picture theater means a building or portion of a building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matters, depicting, describing, or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase "used for" in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material. (k) Adult modeling studio means an adult establishment which its primary business is the provision to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities as defined herein or display specified anatomical areas as defined herein while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. Supp. No. 3 CD6:40 • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.49 (1) Adult motion picture arcade means any building or portion of a building in which coin or slug -operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed are distinguished and character- ized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." (m) Adult motion picture theater means a building or portion of a building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase "used for" in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material. (n) Adult novelty business means a business which has as principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (o) Adult sauna means a sauna which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent and if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined herein. 3. Specified anatomical areas means: (a) Less than completely and opaquely covered: i. Human genitals, pubic region or pubic hair; ii. Buttock; iii. Female breast or breasts below a point immediately above the top of the areola; iv. Any combination of the foregoing; or (b) Human male genitals in a discernibly turgid state even if completely and opaquely covered. 4. Specified sexual activities include, but are not limited to, the following activities: (a) Human genitals in a discernible state of sexual stimulation or arousal; (b) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast or breasts; or (c) Actual or simulated intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagella- tion or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following CD6:41 Supp. No. 3 § 6.49 EAGAN CODE sexually -oriented acts or conduct: anilingus, autoeroticism, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (d) Use of human or animal ejaculation, sodomy, oral copulation, coitus or mastur- bation; or (e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person; or (f) Erotic or lewd touching, fondling or other sexually -oriented contact with an animal by a human being; or (g) Human excretion, urination, menstruation, vaginal or anal irrigation. 5. Substantial or significant means for purposes of this section, the phrase "substantial or significant" means that: (1) at least one-fourth of the portion of the floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public and open to employees/agents only); or (2) at least 350 square feet of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public and open to employees/agents only), whichever is less, is devoted to items, merchandise or other material that is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." 6. Booths, stalls, or partitioned portions of a room or individual room means: (a) Enclosures specifically offered to persons for a fee or as an incident to performing high -risk sexual conduct; or (b) Enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls, or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers, or persons employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. 7. Doors, curtains or portal partitions means full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure. 8. Health inspectors means inspectors employed by the County of Dakota or their agents. 9. Minor means any natural person under the age of 18 years. Supp. No. 3 CD6:42 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.49 10. Nudity means the showing of the human male or female genitals or pubic area with less than fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state. 11. Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room means either the absence of any entire "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as a glass, plexi-glass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure. 12. Person means one or more natural persons; a partnerships, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; a limited liability corporation; professional association; or any other business organization or entity. C. Prohibition; license required. No person shall own or operate an adult establishment within the city except within Limited Industrial (I-1), Community Shopping Center (CSC), General Business (GB), and Business Park (BP) Districts pursuant to a license issued by the city under this section. No license shall be issued hereunder for any proposed adult establishment within 1,000 feet of another licensed adult establishment, residential use, day care provider, on- or off -sale liquor establishments, park or public facility. No person shall engage in adult establishment activities, including the sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, regardless of the area size devoted to the activities at any indoor or outdoor public show, movie, caravan, circus, carnival, flea market or the like, theatrical or other performance, or exhibition presented to the general public where minors are admitted. D. License application. The application for a license under this section shall be made on a form supplied by the city clerk and shall request the following information: 1. For all applicants: (a) Whether the applicant and owner is a natural person, corporation, partnership, or other form of organization. (b) Name, address, phone number and birth date of the applicant, owner and the operator or manager of such operation who shall be responsible for all daily operations, if different from applicant or owner. (c) The legal description and address of the premises where the adult establishment is to be located. (d) A floor plan of the premises which details all internal operations and activities including a statement of the total floor space occupied by the business. The floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Supp. No. 3 CD6:43 § 6.49 EAGAN CODE (e) A site plan of the premises for which the license is sought, showing dimensions, locations of buildings, site and building lighting, street access, and parking facilities. Illumination of the exterior premises must be adequate to observe the location and activities of all persons on the exterior of the premises. (f) A building elevation drawing which shows exterior construction, proposed build- ing signs, materials and colors of the proposed adult establishment. Signs for the adult establishments shall comply with the city's sign ordinance; in addition, signs for adult establishments shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation. (g) The name of the business. If the business is to be conducted under a designation, name, or style other than the name of the applicant, a certified copy of the certificate required by Minn. Stat. § 333.01 shall be submitted. (h) The activities and types of business to be conducted. (i) The intended hours of operation. (j) The names, residences and business addresses of three persons, residents of the state, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to regarding the applicant's character or, in the case where information is required of an operating officer, the operating officer's character. (k) Whether all taxes due and owing on the premises to be licensed have been paid. (1) Abstractor's certificate of property ownership of the subject parcel and all parcels within 1,000 feet of the subject parcel. 2. If the applicant is a natural person: (a) The name, place and date of birth, street and city address, and phone number of the applicant and operator/manager. (b) Whether the applicant and operator/manager have ever used or has been known by a name other than his/her name, and if so, the name or names used and information concerning dates and places where used. (c) The street and city addresses at which the applicant and operator/manager have lived during the preceding ten years. (d) The type, name and location of every business or occupation in which the applicant's spouse and operator/manager have been engaged during the preced- ing two years and the name(s) and address(es) of their employer(s) and partner(s), if any, for the preceding two years. (e) Whether the applicant, applicant's spouse and operator/manager have ever been convicted of a felony, crime, or violation of any ordinance other than traffic. If so, they shall furnish information as to the time, place, and offense for which there were convictions. Supp. No. 3 CD6:44 • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.49 3. If the applicant is a partnership: (a) The name(s) and address(es) of all general partners and the operator/manager and all of the information concerning each general partner and the operator/ manager that is required of applicants in D.1.(b) of this section. (b) The name(s) of the managing partner(s) and the interest of each partner in the business. (c) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stat. § 333.01, a certified copy of such certificate shall be attached to the application. 4. If the applicant is a corporation or other business organization or entity: (a) The name of the corporation or business entity, and if incorporated, the state of incorporation. (b) A true copy of the certificate of incorporation, articles of incorporation or association agreement, and by-laws shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required by Minn. Stat. § 303.06, shall be attached. (c) The name of the manager(s), proprietor(s), owner(s), or other agent(s) in charge of the business and all of the information concerning each manager, proprietor, or agent that is required of applicants in subsection D.1.(b) of this section. (d) A statement detailing any felony convictions of the owners of more than five percent of the interest in the entity and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities. E. Application execution and verification of information. 1. If the application is that of a natural person, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof, if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer thereof. 2. The fee owner of the property on which the adult establishment is proposed to be located and operated shall sign the application before a notary public as to verify his/her approval of the application. 3. Applications for licenses under this section shall be submitted to the city clerk. Within 30 calendar days of receipt of a completed application and payment of all licensing application fees, the city clerk and police chief or their designees shall verify any and all of the information requested of the applicant in the application including the ordering of criminal background checks, and conduct any necessary investigation to assure compliance with this section. The period for investigation may be extended 15 days by the city council if an out-of-state investigation is required. Supp. No. 3 CD6:45 § 6.49 EAGAN CODE F. Application consideration. No later than 30 calendar days after the completion of the license application verification and investigation by the city clerk, as prescribed in this section, the city clerk shall grant or deny the license in accordance with this section. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. During the application consideration process prescribed herein, an applicant operating a business not previously subject to the license provisions of this section may remain operating pending the outcome of the application consideration. If the license is denied, the city clerk shall notify the applicant of the determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided on the application form. The applicant shall have the right to appeal the city clerk's determination to the city council. The applicant shall file a request for an appeal with the city clerk's office within 20 calendar days of receipt of the notice of denial. If a request for an appeal to the city council is timely filed with the city clerk, a hearing before the city council shall take place within 20 calendar days of the receipt of the request for an appeal by the city clerk. The applicant's right to appeal or otherwise contest the city clerk's denial of the application shall be deemed waived by the applicant if the applicant fails to timely file a written request for appeal as required herein or fails to appear at the scheduled appeal hearing before the city council. The notice of denial shall advise the applicant of the applicant's right to request an appeal and the appeal request procedures. G. Fees. 1. Application fee: (a) The annual license application fee shall be determined by city council resolution. The license application fee shall be prorated if the application is submitted for a license issuance before December 31. (b) The license application fee shall be paid in fill before the application for a license is accepted. All fees shall be paid to the city clerk for deposit into the general fund of the city. Upon rejection of any application for a license or upon withdrawal of application before approval by the city clerk the license fee shall be refunded to the applicant. (c) When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by the issuing authority or upon the date an occupancy permit is issued for the building. 2. Investigation fee: (a) At the time of each original application for a license, applicant shall pay, in full, an investigation fee, which shall be determined and set by city council resolution. If any investigation outside the State of Minnesota is required, the applicant shall Supp. No. 3 CD6:46 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.49 be charged the cost, not to exceed $10,000.00, which shall be paid prior to issuance of a license, after deducting the initial application fee, whether or not the license is granted. (b) At any time an additional investigation is required because of a change in the ownership of any license or control of a corporate license, the licensee shall pay an additional investigation fee. The investigation fee shall be determined by city council resolution. If any of the additional investigation outside the State of Minnesota is required, the applicant shall be charged the cost, not to exceed $10,000.00, which shall be paid after deducting the initial investigation fee. (c) At any time an additional investigation is required because an amendment to the license is required under this section, the licensee shall pay an additional investigation fee as specified by city council resolution. (d) Fees for additional investigation required because of a change in the operating officer or proprietor or other agent in charge of the licensed premises shall be as specified by city council resolution. H. Persons and locations ineligible for a license. The city clerk shall issue or renew a license under this section to an applicant unless one or more of the following conditions exist: 1. The applicant is under the age of 21 at the time the application is submitted; 2. The applicant failed to supply all of the information requested on the license application; 3. The applicant or applicant's spouse is overdue in his/her payment of city, county or state taxes, fees, fines or penalties. 4. The applicant gave false, fraudulent, or untruthful information on the license appli- cation; 5. The applicant, spouse, or anyone residing with the applicant has had an adult establishment license revoked or suspended or has been denied a license to operate an adult establishment within a one-year period immediately preceding the date the application was submitted; 6. The applicant or spouse has had a conviction of a felony or a gross misdemeanor or misdemeanor relating to sex offenses, obscenity offenses, or adult uses in the past five years; 7. The operator or manager of the proposed licensed adult establishment is not eligible for a license pursuant to this section; 8. The spouse of the applicant is ineligible for a license pursuant to this section or the applicant is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. "Interest" shall have the meaning as defined in this section; 9. The adult establishment does not meet all of the requirements prescribed in the City of Eagan Code, the city's zoning ordinance, building code, fire code and the city's health regulations, this section and all provisions of state and federal laws; Supp. No. 3 CD6:47 § 6.49 EAGAN CODE 10. The premises to be licensed as an adult establishment is currently licensed by the city as an adult establishment, therapeutic massage enterprise, or an establishment licensed to sell alcoholic beverages; 11. The applicant has not paid the license and investigation fees required. 12. The fee owner of the property on which the proposed licensed premises is located has not signed or approved the license application. I. Renewal application. 1. All licenses issued under this section shall be effective until December 31 of the year of issuance. An application for the renewal of an existing license shall be submitted to the city clerk no later than 4:30 p.m. on November 1 of the year of issuance. 2. Within 30 calendar days of receipt by the city clerk of a fully completed renewal application, the city clerk and chief of police or designee shall verify any and all of the information requested of the applicant in the renewal application, including the ordering of criminal background checks, and shall conduct any necessary investigation to assure compliance with this section. No later than 30 calendar days after the completion of the renewal application verification and investigation as prescribed herein, the city clerk shall issue a renewal license unless one or more of the conditions which is listed for denial of the license herein exists. 3. If the city clerk denies a renewal application, the city clerk shall notify the applicant in accordance with this section and the notice shall, in addition, state the grounds for the denial. 4. After the denial of a renewal application by the city clerk, the applicant may appeal the city clerk's determination to the city council as provided for an initial denial of a license under this section or by immediately challenging the determination in a court of law. If the city denies renewal of a license under this section, the applicant shall not be issued a license under this section for one year from the date of denial. If, subsequent to the denial, the city finds that the basis for the denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the denial became final. J. General license requirements. 1. Posting of license. A license issued under this section must be posted in a conspicuous place in the premises for which it is issued in order that it is plainly visible to all persons entering the premises. 2. Scope of license. A license issued under this section is only effective for the compact and contiguous space specified in the approved license application. 3. Maintenance of order. A licensee and licensee's designated operator or manager under this section shall be responsible for the conduct of the business being operated and shall not allow any illegal activity to take place within or outside on the property of the Supp. No. 3 CD6:48 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.49 licensed premises, including but not limited to prostitution, public indecency, indecent exposure, disorderly conduct, or the sale or use of illegal drugs. Every act or omission by an employee or independent contractor of the licensee constituting a violation of this section shall be deemed the act or omission of the licensee and licensee's operator or manager if such act or omission occurs either with the authorization, knowledge, or approval of the licensee, operator or manager, or as a result of the licensee's, operator's or manager's negligent failure to supervise the licensed premises. 4. Alcohol on licensed premises. No alcohol shall served or present on the licensed premises. K. Restrictions regarding license transfer. 1. A license granted under this section is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. 2. An adult establishment license under this section shall terminate immediately upon the sale or transfer in ownership of the adult establishment business. Upon the sale or transfer, the licensee shall immediately notify the city clerk of the sale or transfer and the new owner or operator must immediately apply for a license under this section including payment of the investigation fee. L. Change in business entity ownership. 1. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, within the meaning of the term in this Code unless such change is approved by the council, in which event said license shall continue in force until the end of the then current license year. 2. License issued to any other business entity shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of the entity unless such change is approved by the council, in which event said license shall continue in force until the end of the then current license year. 3. Any business entity holding an adult establishment license shall submit written notice to the clerk of any such changes described herein on or before 60 days prior to the effective date of any such change and pay any fee required by this section. Notwith- standing the definition of "interest" as given in this Code, in the case of a corporation, the licensee shall submit written notice to the clerk when a person not listed in the application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this chapter. 4. Corporations holding an adult establishment license shall submit written notice to the clerk of any change in operating officers within ten days of such change. The written notice shall designate the interim operating officer and shall contain all the informa- Supp. No. 3 CD6:49 § 6.49 EAGAN CODE tion about said person as is required of a single applicant in this section. The operating officers shall be subject to the investigation required by this section. Investigation fees shall be as determined by the city council pursuant to this section. 5. The designation of a new operating officer or manager shall not cause the corporation's license to become invalid before a decision is rendered by the city council provided proper notice and application are made pursuant to this section. A proposed new operating officer shall be referred to as the interim operating officer. In the event an interim operating officer is rejected by the city clerk, the corporation shall designate another interim operating officer and make the required application pursuant to this section within 15 calendar days of the council's decision. M. Change in building, premises and character of business. An application for approval of any proposed enlargement, change in character of the establishment or extension of premises previously licensed shall be made to the clerk before the time application is made for a building permit for any such change. Any additional fee required by the fee provisions of this section shall be paid at the time of application if the enlargement, substantial alteration or extension requires an amendment to the license. The change shall not be allowed unless the city clerk approves an amendment to the license prior to the issuance of any building permit. N. Restrictions regarding hours of operation. A licensed premise shall not be open for business to the public during the hours of 1:00 a.m. to 8:00 a.m. and no person other than a licensee's bonafide employees shall be in the licensed premises between the hours of 1:00 a.m. and 8:00 a.m., provided no employee of the licensee shall be in the premises more than 75 minutes after 1:00 a.m. or before 8:00 a.m. O. Restriction regarding minors. No licensee shall allow minors to enter the licensed premises. The licensee shall request proof of age of all persons entering the licenses premises. Proof of age may be established only by: a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada; a valid military identification card issued by the United States Department of Defense; or in the case of a foreign national from a nation other than Canada, a valid passport, all of which shall include the photograph and date of birth of the person to be identified. P. Restrictions regarding sanitation and health. 1. Partitions facilitating sexual activity. A licensee under this section shall not allow any partition between a subdivision, portion, or part of the licensed premises having any aperture which is designed or constructed to facilitate sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region or pubic hair, buttocks, or female breast between persons on either side of the partition. 2. Restrictions on booths, stalls, and partitions. A licensee under this section shall not allow or have on the licensed premises or adjoining areas any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment, including but not limited to live entertainment that have doors, curtains, or portal partitions, unless such booths, stalls, or partitions have at least one side open to an Supp. No. 3 CD6:50 • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.49 adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms. No reclining surfaces inside any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment including but not limited to live entertainment shall be permitted. 3. Distance requirement for live adult entertainment. All performers, dancers, and persons providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where such entertainment can be seen by patrons of the licensed facility shall remain at all times a minimum distance of ten feet from all patrons, customers, or spectators and shall dance or provide such entertainment on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which patrons or spectators occupy. 4. Interaction with patrons. No dancer, performer, or person providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where the entertainment can be seen by patrons of the licensed facility shall fondle or caress any patron or spectator. 5. Authority of health inspectors. City staff or designees shall have the authority to inspect or cause to be inspected the licensed premises and adjoining areas in order to ascertain sources of infection or reduce the spread of communicable diseases. Such officials shall have the authority to issue appropriate orders to the licensee regarding health and sanitation. 6. Limitation on number of persons in partitioned areas. Any booths, stalls, or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment including but not limited to live entertainment shall not be occupied by more than one person at a time. 7. Duty to supervise. The licensee shall not permit specified sexual activities as defined herein to take place on the premises and shall have an affirmative duty to supervise the licensed premises and prevent such activities. Q. Right of inspection. Prior to issuance of an initial license or renewal license, a police officer, building inspector or a city designee must inspect the premises for compliance with this section and applicable building and health codes. Any police officer, building inspector or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of any licensee hereunder at any time without a warrant. Supp. No. 3 CD6:51 § 6.49 EAGAN CODE R. License and criminal violations. 1. Suspension. The city council may suspend a license issued pursuant to this section for up to 60 days if the city council determines that a licensee or the licensee's designated operator or manager has committed the following: (a) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (b) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (c) Any violation of this section. (d) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minn. Stat., § 364.03, Subd. 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minn. Stat., § 364.03, Subd. 3. (e) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. 2. Revocation. The city council may revoke a license if the city council determines that: (a) The licensee's license was suspended in the preceding 14 months and an additional cause for suspension as detailed in (a) above is found by the city. council to have occurred within the fourteen -month period; (b) The licensee gave false or misleading information in the material submitted to the city during the application process; (c) A licensee or an employee or independent contractor of the licensee has knowingly allowed possession, use, or sale of controlled substances on the premises; (d) A licensee or an employee or independent contractor has knowingly allowed prostitution on the premises; (e) A licensee violated any of the provisions of Minn. Stat. §§ 617.241-617.299 relating to the illegal distribution, possession, or sale of obscene materials; (f) A licensee or an employee knowingly operated the adult establishment during a period of time when the licensee's license was suspended; (g) A licensee or licensee's operator or manager has been convicted of an offense listed in this section for which the time period required has not elapsed; (h) On two or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in this section for which a conviction has been obtained, and the person or persons were employees or independent contractors of the licensee at the time the offenses were committed; Supp. No. 3 CD6:52 • • • • • • OTHER BUSINESS REGULATION AND LICENSING § 6.50 (i) A licensee or an employee or independent contractor of the licensee has knowingly allowed specified sexual activities to occur in or on the licensed premises; or A licensee is delinquent in payment to the city, county, state or federal govern- ments for hotel occupancy taxes, ad valorem taxes, sales taxes, or other financial obligations. 3. Hearing procedures. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight days notice of the time and place of the public hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. 0) 4. Any act enumerated as a grounds for suspension or revocation shall constitute an unlawful act and violation of this section. S. Criminal penalty. A violation of this section shall be a misdemeanor under Minnesota law. The city may also pursue injunctive remedies. T. Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have adopted this section and each subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. No. 249, 2nd series, eff. 12-25-97) Sec. 6.50. Adult companionship/escort services provider license. Subd. 1. Purpose. The purpose of this section is to prescribe licensing requirements for escort services operating within the city in order to prevent criminal activity and provide for the health and welfare of citizens. Subd. 2. Findings of the city council. The city council finds that escort services can be used as fronts for prostitution and other criminal activity including but not limited to prostitution, thereby taxing city law -enforcement resources. The Council finds that escort services used as fronts for illegal sexual activity can also increase the risk of the spread of sexually transmitted diseases including but not limited to Acquired Immune Deficiency Syndrome (AIDS) for which currently there is no cure. Subd. 3. Definitions.The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: Escort shall mean any individual hired for the purpose of accompanying another to or about social affairs, entertainments, or places of amusements or at any place of public resort or within any private quarters for compensation or consideration of any kind. The term "escort" as used in this chapter does not include baby-sitters, child care providers or any other person providing child care services to a minor or providing health care services to any person. Supp. No. 3 CD6:53 § 6.50 EAGAN CODE Escort service shall mean any individual having a source of income or compensation derived from providing the services of an escort, or placement of an escort with a customer. Within the city includes physical presence as well as telephone referrals such as phone -a - massage operations in which the business premises, although not actually located within the city, serves as a point of assignment of employees who respond to requests for services from within the city. Subd. 4. License required. It is unlawful for any person to provide, or to advertise for or offer to provide, escort services, whether individually or as an agent of or for an adult companion- ship establishment or business, within the city without first obtaining a license therefor from the city. For purposes of this section, the phrase "for a fee" shall mean to sell, trade or barter the companionship/escort services, for goods or services, which need not be simultaneously exchanged. Subd. 5. License application. All applications for a license hereunder shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the state, stating that the applicant has no communicable disease. All initial applications shall be accompanied by the license fee and the nonrefundable investigation fee. Applications shall be on a form provided by the city and shall contain all requested information set forth therein as the city may require. All applicants shall be at least 21 years of age. Subd. 6. Restrictions and regulations. A. Whenever companionship/escort services are provided, it shall be required by the licensee that the person who is receiving the services shall have his/her buttocks, anus, breasts and/or genitals covered with appropriate nontransparent covering. B. The licensee, while providing companionship/escort services, shall at all times have his/her buttocks, anus, breasts and/or genitals covered with an appropriate nontranspar- ent covering. C. The licensee shall comply with any and all amendments to this chapter and failure to do so shall be grounds for revocation of any license issued hereunder. D. The licensee shall not engage in, or permit any customer to engage in, fondling, caressing or specific sexual activities between the licensee and the customer, or between the licensee and any other third party, or between any other third parties. For purpose of this paragraph, the term "specific sexual activities" shall mean as the term is defined in the adult establishment regulations in this chapter. E. No companionship/escort services shall be provided during the hours of 1:00 a.m. and 8:00 a.m. F. The licensee shall not provide any companionship/escort services to any person under the age of 21 years. For purposes of this paragraph, it is the licensee's burden to obtain a customer's proof of age which may be established only by one of the following: 1. A valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; Supp. No. 3 CD6:54 • • • e • OTHER BUSINESS REGULATION AND LICENSING § 6.99 2. A valid military identification card issued by the United States Department of Defense; or 3. In the case of a foreign national, from a nation other than Canada, by a valid passport. Subd 7. License and investigation fees. The annual license fee and the applicant's investi- gation fee for a license hereunder shall be determined by city council resolution. The initial license fee shall be prorated if the application is submitted for a license issuance before December 31. Subd 8. Application process and requirements. The provisions of the adult establishment regulations in section 6.49 of this Code governing application, execution and verification of information; application consideration; persons eligible for a license; renewal license applica- tion; and restrictions regarding license transfer shall be incorporated herein and applicable to a license issued hereunder. Subd 9. License and criminal violations —Suspension and revocation. The provisions in the adult establishment regulations in section 6.49 of this Code shall be incorporated herein and applicable to a license issued hereunder. (Ord. No. 251, 2nd series, eff. 1-15-98) Secs. 6.51-6.98. Reserved. Sec. 6.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1983, § 6.99, eff. 1-1-83) Supp. No. 3 CD6:55 • • STREETS AND SIDEWALKS GENERALLY § 7.04 Sec. 7.01. Definitions. Except as otherwise defined in the City Code or where the context clearly indicates a contrary intent, the words and terms defined in Minn. Stat. ch. 169, shall be applicable to City Code chapters 7, 8 and 9. For purposes of chapter 8 only, the following words shall have the meaning stated: "street" or "highway" means the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right, for the purpose of vehicular traffic, and any private road or driveway used for vehicular access to any business establishment. (Code 1983, § 7.01, eff. 1-1-83; Ord. No. 84, 2nd series, eff. 6-16-89) Sec. 7.02. Application. The provisions of City Code, chapters 7, 8 and 9, are applicable to the drivers of all vehicles and animals upon streets, including, but not limited to, those owned or operated by the United States, the state, or any county, town, city, district, or other political subdivision. (Code 1983, § 7.02, eff. 1-1-83) Sec. 7.03. Scope and orders of officers. Subd. 1. Scope. The provisions of chapters 7, 8 and 9 relate exclusively to the streets, alleys and private roads in the city, and the operation and parking of vehicles refer exclusively to the operation and parking of vehicles upon such streets, alleys and private roads. Subd. 2. Orders of an officer. It is a misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of any police or peace officer invested by law with authority to direct, control or regulate traffic. (Code 1983, § 7.03, eff. 1-1-83) Sec. 7.04. Traffic and parking control. Subd. 1. Council action. No device, sign or signal shall be erected or maintained for traffic or parking control unless the council shall first have approved and directed the same, except as otherwise provided in this section; provided, that when traffic and parking control is marked or signposted, such marking or signposting shall attest to council action thereon. Subd. 2. Temporary restrictions. The city, acting through the chief of police or the director of public works, may temporarily restrict traffic or parking for any private, public or experimental purpose. It is the duty of the chief of police or the director of public works to so restrict traffic or parking when a hazardous condition arises or is observed. Subd. 3. Traffic restrictions and prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street or contrary to signposted, fenced, or barricaded restrictions or prohibitions. Subd. 4. Parking restrictions and prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on any curb or contrary to signposted, fenced, or barricaded restrictions or prohibitions. Supp. No. 3 CD7:3 § 7.04 EAGAN CODE Subd. 5. Damaging or moving markings. It is a misdemeanor for any person to deface, mar, damage, move, remove, or in any way tamper with any structure, work, material, equipment, tools, sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the city or is an agent, employee or contractor for the city or other authority having jurisdiction over a particular street and acting within the authority or scope of a contract with the city or such other authority. (Code 1983, § 7.04, eff. 1-1-83) Sec. 7.05. Obstructions in streets. Subd. 1. Obstructions. It is a misdemeanor for any person to place, deposit, display, install or maintain any fence, goods, structure, landscaping or other obstructions upon, over, across or under any street without first having obtained a written permit from the council, and then only in compliance in all respects with the terms and conditions of such permit, and the regulations of this Code, taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. A violation of this subdivision shall be deemed a public nuisance. Any person who is in violation of this subdivision shall immediately remove the obstruction upon demand by the city and upon failure to do so, the violator shall pay the costs incurred by the city in connection with its removal. Subd. 2. Fires. It is a misdemeanor for any person to build or maintain a fire upon a street. Subd. 3. Dumping in streets. It is a misdemeanor for any person to throw, deposit, track or place onto any street any dirt, soil or clay, waste or abandoned products, including, but not limited to: any nails; soil; glass or glassware; cans; cloth or clothing; metal scraps; garbage; leaves; grass or tree limbs; paper or paper products; shreds or refuse; oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this section to haul any such material, inadequately enclosed or covered, or to fail to remove any dirt, soil or clay from a motor vehicle thereby permitting the same to fall upon streets. It is also a violation of this section to place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the council. Subd. 4. Signs and other structures. Except as otherwise permitted by the City Code, it is a misdemeanor for any person to place or maintain a sign, advertisement, or other structure in any street without first having obtained a written permit from the council. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon such terms and conditions as may be set forth in the zoning or construction provisions of the City Code. A violation of this subdivision shall be deemed a public nuisance. Any person who is in violation of this subdivision shall immediately remove the obstruction upon demand by the city and upon failure to do so, the violator shall pay the costs incurred by the city in connection with its removal. Supp. No. 3 CD7:4 • • • STREETS AND SIDEWALKS GENERALLY § 7.05 Subd. 5. Snow in streets or on sidewalks. A. Removal of snow from sidewalks. (1) Removal of snow required. The owner or occupant of any property adjacent to a public sidewalk, which is expressly designated as a snow removal sidewalk by resolution of the city council, shall remove all snow from such sidewalk within 24 hours after its deposit thereon. Any snow upon such designated sidewalk which is not removed as prescribed herein shall constitute a public nuisance. (2) City may order work done. If any owner or occupant fails to remove snow as required under this subdivision, and after notice given by the city has not within 12 hours complied with this subdivision, the city may perform such work, keeping accurate account of the costs thereof for each lot, piece or parcel abutting the designated sidewalk. The owner or occupant shall be personally liable and shall pay the costs within 30 days of mailing of invoice by the city. (3) Assessment. When payment is not remitted as required herein, the city clerk - treasurer may, at the next meeting, present such information to the city council. The city council may approve all or a portion of any snow removal costs as herein provided as a special assessment against the abutting property and such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessments are certified and collected pursuant to Minn. Stat. § 429.101. (4) Definition of sidewalk. For purposes of this paragraph, the term sidewalk shall mean any public concrete walkway adjacent to a residential zoned property. B. Placement of snow or ice within street right-of-way. No person, unless acting under a specific contract with the city or with special permission from the city, shall place snow or ice in any travel portion of any street right-of-way. C. Violation. Any violation of this subdivision shall be a petty misdemeanor offense. Subd. 5.1. Tracking dirt, clay or soil onto streets. A. Any person who has a motor vehicle upon any construction site or area shall remove any dirt, clay, soil or other similar substance from such motor vehicle before driving upon any street right-of-way in order that such dirt, clay or soil shall not be deposited upon the street. It shall be the responsibility of the construction project's development contract obligee and permit holder to immediately clean up any siltation, dirt, clay or soil deposited upon any street right-of-way as a result of motor vehicle traffic from such construction site or area or improper or insufficient erosion control measures on such construction site or area. B. All direct or indirect costs incurred by the city for the removal of any siltation, dirt, clay or soil deposited upon any street not so removed as required in subparagraph A, above, shall be charged to the development contract obligee or permit holder. Supp. No. 3 CD7:5 § 7.05 EAGAN CODE Subd. 6. Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. Subd. 7. Condition. Before granting any permit under any of the provisions of this section, the council may impose such insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of such obstruction. (Code 1983, § 7.05, eff. 1-1-83; Ord. No. 152, 2nd series, eff. 12-11-92; Ord. No. 227, 2nd series, eff. 11-19-96; Ord. No. 246, 2nd series, eff. 11-27-97) Sec. 7.06. Street openings or excavations. It is a misdemeanor for any person, except a city employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the city, to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the city as herein provided. Subd. 1. Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation, and such other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the city. Subd. 2. Investigation and payment of estimated costs. Upon receipt of such application, the city shall cause such investigation to be made as it may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of such investigation shall be included in such estimate. Payment of such estimated costs shall be made before the permit is issued. Subd. 3. Protection of the city and the public. A. Noncompletion or abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith or shall cease or be abandoned without due cause or is determined to be unacceptable, the city may, after 48 hours' notice in case of a nonemergency, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. In an emergency where it is necessary to eliminate an existing hazard, the city may perform such work without prior notice. B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the city satisfactory evidence in writing that the applicant will keep in effect public liability insurance of not less than $100,000.00 for any person, Supp. No. 3 CD7:6 • • • • • STREETS AND SIDEWALKS GENERALLY § 7.07 $300,000.00 for any occurrence and property damage insurance of not less than $25,000.00, issued by an insurance company authorized to do business in the state on which the city is named as a coinsured. C. Indemnification. Before issuance of a permit, the applicant shall, in writing, agree to indemnify and hold the city harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work or any expense whatsoever incurred by the city incident to a claim or action brought or commenced by any person arising therefrom. Subd. 4. Issuance of permit. The city shall issue such permit after (1) completion of such investigation, (2) payment by the applicant in advance of all estimated costs as aforesaid; (3) agreement by the applicant to the conditions of time and manner as aforesaid; (4) agreement in writing by the applicant to pay all actual cost of repairs over and above such estimate, and (5) agreement in writing by the applicant to be bound by all of the provisions of this section. Subd. 5. Repairs. All temporary and permanent repairs, including backfilling, compacting and resurfacing shall be the responsibility of the applicant and shall be performed in accordance with standards adopted by the city. In the event that the applicant does not fulfill such responsibility, the work may be performed, repaired or replaced by the city. Subd. 6. Cost adjustment. As to the payment already made, within 60 days following completion of permanent repairs, the city shall determine actual costs to the city and prepare and furnish to such permit holder an itemized statement thereof and claim additional payment from or make refund, without interest, to the permit holder, as the case may be. Subd. 7. Alternate method of charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the city may charge on the basis of surface square feet removed, excavated cubic feet, or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged. In lieu of a cash deposit a letter of credit, in a form acceptable to the city attorney, may be filed. (Code 1983, § 7.06, eff. 1-1-83) Sec. 7.07. Parades. Subd. 1. Definition. The term "parade" means any movement of vehicles, persons or animals or any combination thereof, which either moves together and as a body so as to in some way impede or affect the free and unobstructed flow of vehicular or pedestrian traffic or which moves so that some part thereof is in violation of one or more traffic laws or regulations, if such movement is without a permit hereunder. Subd. 2. Permit required. It is a misdemeanor to sponsor or participate in a parade for which no permit has been obtained from the city, and it is also a misdemeanor to obtain a parade permit and not conduct the same in accordance with the permit granted by the city. Application for such permit shall be made to the city administrator at least 15 days in advance of the date on which it is to occur and shall state the sponsoring organization or individual, the Supp. No. 3 CD7:7 § 7.07 EAGAN CODE route, the length, the estimated time of commencement and termination, the general composition, and such application shall be executed by the individuals applying therefor or the duly authorized agent or representative of the sponsoring organization. Subd. 3. Investigation. The city shall forthwith refer all applications for parades to the chief of police for his consideration, which shall take no longer than seven days. If any county or state trunk highways are in the route, the chief of police shall make all necessary arrange- ments with the appropriate authority for alternate routes or whatever may be necessary. If the chief of police finds that such a parade will not cause a hazard to persons or property and will cause no great inconvenience to the public and if he is able to make arrangements for necessary direction and control of traffic, he shall endorse his acceptance and return the application to the city. If the chief of police finds the parade described in the application to be a hazard, a substantial inconvenience, or if he is unable to make adequate arrangements for direction or control of traffic, he shall return the same to the city with his findings. Subd. 4. Council action. The city shall refer the application and results of investigation to the council at its next regular meeting. The council may either (1) deny the permit, (2) grant the permit, or (3) grant the permit with conditions, including a date, time or route. Subd. 5. Unlawful acts. A. It is unlawful for any person to hamper, obstruct, or impede or interfere with any parade, parade assembly or any person, animal or vehicle participating in the parade. B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade when such parade is in motion. C. It is unlawful for any person to enter into a parade without prior authorization from the parade chairman. Subd. 6. Exceptions. This section shall not apply to (1) funeral processions, or (2) a governmental agency acting within the scope of its functions. (Code 1983, § 7.07, eff. 1-1-83) Sec. 7.08. Regulation of grass, weeds, trees, and landscaping. Subd. 1. City to control landscaping and irrigation. A. In no cases shall prohibited species be planted within street rights -of -way. Prohibited species are defined as the following trees: Ginkgo (female only) Box elder Non -disease -resistant elm species Nonhybrid cottonwood species B. The city shall have control and supervision of planting shrubs and trees and installation of landscaping and irrigation systems upon, within or overhanging all city streets or other public property. The city shall establish and enforce uniform standards Supp. No. 3 CD7:8 • • • • STREETS AND SIDEWALKS GENERALLY § 7.08 relating to the species, varieties and sizes of trees and shrubs to be planted, and the installation, standards, and the placement of trees, shrubs, landscaping and irrigation system. These standards shall be on file in the office of the city forester. C. Any owner or occupant of a lot or land parcel abutting a public street shall, prior to the planting of trees and shrubs or installation of landscaping or irrigation systems within the street right-of-way, obtain a written permit from the city. Permits, when so issued, shall identify the species to be planted, size, location thereof, and timeline for installation and the terms of which, in addition to the regulations of this Code, shall be met. The city shall retain the authority to regulate, authorize or deny any request for said permit in the interest of ensuring the public's safety and general orderliness of improvements within street rights -of -way. D. The placement of trees, shrubs, landscaping or irrigation systems in public property and street rights -of -way shall be in compliance with the following requirements, in addition to the standards on file with the city engineer: 1. Trees, shrubs or landscaping shall not be planted nor installed within ten feet, horizontally, of any sewer line, water line or driveway or within four feet of any public trail or sidewalk. 2. The placement of trees, shrubs and landscaping shall not disturb any ground within two feet, horizontally, of any gas lines, electric lines, phone lines, or cable television lines, except in those specific cases where utility easements provide for wider setback requirements. 3. Any trees, shrubs or landscaping planted or installed within a street right-of-way shall be at least ten feet from the back of curb or 20 feet from the edge of the road surface where no curb and gutter exists. 4. Trees, shrubs, and landscaping shall not be planted or maintained on public or private property, in such a manner as to obscure or impede the visual sight lines required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trails, pathways and sidewalks. Trees, shrubs or landscap- ing shall not be planted as to block the visibility of any regulatory, warning, or street identification sign or block the illumination of streetlights or as a physical obstruction for the street right-of-way maintenance. The city shall have the authority to determine the minimal amount of required setback and clear zones in each circumstances subject to the minimum standards on file with the city engineer. 5. Branches of all deciduous trees which overhang street rights -of -way or public trails or pathways, shall be at least 131/2 feet above street surfaces and at least eight feet above any public trail or pathway. This requirement includes trees that are planted on private property, but overhang street rights -of -way or public trails or pathways. 6. The city may establish a master plan for street tree planting. The plan shall identify those streets which have been designated by the council for the planting Supp. No. 3 CD7:9 § 7.08 EAGAN CODE of said boulevard trees. In accordance with the master plan, responsibility for the planting and maintenance of boulevard trees shall be the responsibility of the city, except for new subdivisions where the developer shall be responsible for planting boulevard trees. The planting and maintenance of trees within residential street rights -of -way, not included in the city's master street tree planting plan, shall be the responsibility of the abutting property owners. In such cases, the property owner shall first obtain, from the city forester, a written permit to plant, in accordance with the requirements of this subdivision. E. Any tree, shrub or landscaping within a street right-of-way, which is in violation of this section, shall be trimmed or removed, as the city shall require, as to ensure elimination of any threat to public safety due to sight line or physical obstruction. The city shall have the authority to remove or trim any tree, shrub or landscaping, without first notifying the property owner, in the case where imminent public danger exists if removal or trimming is not immediately completed. It shall be the property owner's responsibility to trim, or remove when necessary, any shrub or landscaping within the street right-of-way which is in violation of this subdivision. It shall be the responsi- bility of the city to trim and the responsibility of the property owner to remove when trimming is not a feasible option, any tree in violation of this subdivision. The city may perform the work that is the responsibility of the property owner when the property owner has failed to do so. The city may charge the property owner the cost incurred by the city in performing any work required under this paragraph pursuant to subdivision 5 herein. F. The city shall establish and enforce uniform standards for the maintenance of trees, shrubs and landscaping planted or located within the street right-of-way. Such standards shall be kept on file in the office of the city forester. G. It is unlawful for any person to deface, destroy, or tamper with any trees or landscaping on public property, including trees within a street right-of-way. H. A tree within a public right-of-way shall not be used for signs, permanent lighting, television antennas, or other inappropriate uses. I. Removal of trees and shrubs from public property shall be by city permit only. Subd. 2. Duty of property owners to establish turfgrass within street rights -of -way. It is the primary responsibility of any owner or occupant of property abutting on any street to establish suitable turfgrass, from the line of such property nearest to such street to the centerline of such street, within a period of one full growing season from the completion of final grading or date of occupancy, whichever is sooner. Subd. 3. Duty of property owners to maintain turfgrass within street rights -of -way. Every owner of property abutting on any street shall be responsible for the maintenance of suitable turfgrass from the line of such property nearest to such street to the curbline of such street. If the grass or weeds in such a place attain a height in excess of six inches, it shall be prima facie evidence of a failure to comply with this subdivision. Supp. No. 3 CD7: 10 • • • • STREETS AND SIDEWALKS GENERALLY § 7.10 Subd. 4. Duties to maintain street right-of-ways. A. Duty of property owners to maintain shrubs and landscaping within street rights -of - way. Every owner of property abutting city street rights -of -way shall, in accordance with this section and the standards on file in the office of the city forester, maintain and trim, all shrubs and landscaping or remove any nonconforming trees, shrubs or landscaping located within the boulevard area of a street right-of-way. If any owner or occupant fails to assume the responsibility of this paragraph, and after notice given by the city, has not within ten (10) days complied with this paragraph, the city may perform such work, keeping accurate account of the cost thereof for each lot, piece, or parcel abutting upon such street. B. Duty of city to maintain trees in street rights -of -way. The city shall have responsibility for the trimming of trees within the street right-of-way. Any tree within a street right-of-way that does not comply with the requirements of this section or the standards on file with the city engineer, may be trimmed by the city as determined necessary by the city and the costs thereof assessed against the abutting property owner upon notice of the work to be completed by the city pursuant to Subd. 5. Subd. 5. City may order work done. If any such owner or occupant fails to assume the responsibility of this section, and after notice given by the city has not within seven days been complied with, the city may perform such work, keeping accurate account of the cost thereof for each lot, piece, or parcel abutting upon such street. Subd. 6. Assessment. When any work is performed by the city as prescribed herein, the city forester shall forthwith, upon completion thereof, ascertain the cost of such work. The city clerk -treasurer may, at the next meeting, present such information to the council and obtain its approval thereof. When the council deems fitting, it may extend these work costs as herein stated as a special assessment against abutting land, and such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessments are certified and collected. (Code 1983, § 7.08, eff. 1-1-83; Ord. No. 106, 2nd series, eff. 7-27-90; Ord. No. 247, 2nd series, eff. 11-27-97) Sec. 7.09. Limiting time of railway -street crossing obstruction. It is a misdemeanor for any person operating or in charge of a railroad train, car, engine, locomotive, or other railroad equipment or combination thereof to so operate, park or leave the same standing upon the railroad at its intersection with a street, so as to prevent unobstructed vehicular traffic on such street for a period longer than 15 minutes. (Code 1983, § 7.09, eff. 1-1-83) Sec. 7.10. Curb and gutter, street and sidewalk painting or coloring. It is unlawful for any person to paint, letter or color any street, sidewalk or curb and gutter for advertising purposes or to paint or color any street, sidewalk or curb and gutter for any Supp. No. 3 CD7:10.1 § 7.10 EAGAN CODE purpose, except as the same may be done by city employees acting within the course or scope of their employment. Provided, however, that this provision shall not apply to uniformly coloring concrete or other surfacing or uniformly painted house numbers, as such coloring may be approved by the city engineer. (Code 1983, § 7.10, eff. 1-1-83) Supp. No. 3 CD7:10.2 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 which season may not conflict with state law or regulations established by the council for the purpose of wildlife management, or such other place during such time or times as authorized by the council. (Code 1983, § 10.10, eff. 1-1-83; Ord. No. 171, 2nd series, eff. 10-29-93; Ord. No. 212, 2nd series, eff. 2-15-96) Sec. 10.11. Dog and cat regulation and dog licensing. Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply: A. At large means off the premises of the owner and is neither controlled by a leash or voice command of owner of suitable age nor confined in a vehicle or cage. B. Business day means a day during which the city hall is open to the public. C. Cat means any domesticated feline animal, male or female, whole or neutered. D. Dog means any domesticated dog, male or female, whole or neutered. Any wolf or wolf hybrid shall be deemed as an animal wild by nature and shall not be deemed as a "dog" under this section. E. Dangerous dog means any dog that has: 1. Without provocation, inflicted substantial bodily harm on a human being on public or private property; 2. Killed a domestic animal without provocation while off the owner's property; or 3. Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. F. Hearing officer means the city administrator, or any other city employee, as duly appointed by the city administrator. G. Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog or cat. H. Potentially dangerous dog means any dog that has: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property. (2) When unprovoked, chases or approaches a person upon the streets, sidewalks or any public property in an apparent attitude of attack; or (3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. I. Substantial bodily harm means bodily injury which involves a temporary but substan- tial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Supp. No. 3 CD10:9 § 10.11 EAGAN CODE Subd. 2. Running at large prohibited. It is unlawful for the owner of any dog or cat to permit such animal to run at large. The police officers or animal control officer may seize, impound or restrain any dog or cat found running at large. Subdivisions 4 and 5 shall apply to any dog or cat impounded under this subdivision. Subd. 3. Dog license required. It is unlawful for the owner of any dog, six months of age or more, to keep said dog within the city unless the owner first obtains a license therefor from the city. A. Application. Application for a dog license shall be upon a form supplied by the city and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine in the state, which certificate shall state that the dog for which application for a license is made, has been inoculated against rabies for at least the period for which the license is applied. B. Period and fees. All dog licenses shall expire on February 20 of each even -numbered year and shall become delinquent on February 21 in each even -numbered year or within six months after the dog's birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the city clerk -treasurer and open to inspection during regular business hours. C. Tag required. Upon payment of the license fee, the city clerk -treasurer shall deliver one appropriate tag to the owner of the said licensed dog. It is unlawful for the owner of any dog to fail to have the tag firmly affixed to a collar, which shall at all times be kept on the dog for which the license is issued. A duplicate for a lost tag may be issued by the city upon presentation of the receipt showing the payment of the license fee for the current year. Tags shall be nontransferable, and no refund shall be made on any license fee because of leaving the city or death of the dog before the expiration of the license. D. Impoundment. The police officers or duly appointed animal control officer may seize, impound or restrain any unlicensed dog or any dog without the license tag found in the city. The fact that a dog is without a tag attached to a collar shall be presumptive evidence that the dog is unlicensed. To enforce this section, said officers are empowered and instructed to enter upon any public or private property on which they have reasonable cause to believe there is a dog that is not licensed or tagged as required under this subdivision. Subd. 4. Disposition of impounded dogs and cats. A. Notice of impounding. The officer who seized, impounded or restrained any dog or cat pursuant to subdivisions 2 and 3 of this section shall, without delay, notify the owner, personally or through the United States mail, if such owner be known to the officer or Supp. No. 3 CD10:10 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 can be ascertained with reasonable effort, but if the owner be unknown or cannot be ascertained, then the officer shall make available to the police department, city hall and impounding kennel for public inspection the following information: (1) A description of the dog; (2) Location of impoundment; and (3) The condition for its release. B. Redemption. All dogs and cats seized, impounded or restrained pursuant to this section must be held by the poundmaster for redemption by the owner for at least five regular business days of the pound. For the purpose of this section, "regular business day" means a day during which the pound is open to the public not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. If, after the five regular business days the owner does not claim the dog, then any right of redemption shall be deemed to have been waived, and the dog shall be disposed of as provided in subparagraph C of this subdivision. Any impounded dog or cat shall be released to its owners, as follows: 1. If such dog or cat is owned by a resident of the city, after payment of the impounding fees, and, in addition, in the case of a dog, purchase of a license. 2. If such dog or cat is owned by a person not a resident of the city, such owner must provide proof of rabies immunization of any such dog or cat within 48 hours of release, excluding Saturdays, Sundays and legal holidays, and payment of the impounding fee for the period for which the dog or cat was impounded. C. Disposition of unclaimed dogs and cats. Any dog or cat which is not claimed within the five-day period, as defined in subparagraph B of this subdivision, must be made available to any licensed institution which has requested the animal as required by Minn. Stat. § 35.71. If a tag affixed to the animal or a statement by the animal's owner after the animal's seizure specifies that the animal may not be used for research, the animal must not be made available to any such institution and may, in the discretion of the pound, be sold for not less than the amount of the required licensing fee, if applicable, to anyone desiring to purchase the animal, or be destroyed in a proper and humane manner after the expiration of the five-day period. Subd. 5. Animal pound records. Upon the impoundment of any dog or cat pursuant to this section, an accurate record of the time of such impoundment shall be kept on each animal. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal was received; and (5) the name and address of the person to whom any animal three months of age or over was transferred. Subd. 6. Public nuisance. It is unlawful for the owner of any dog or cat to: A. Unlawful acts. It is unlawful for the owner of any dog or cat to: 1. Permit such animal to habitually bark, cry, whimper, howl, whine, or emit any other loud or unusual noises; Supp. No. 3 CD10:11 § 10.11 EAGAN CODE 2. Permit such animal to damage or defecate in or upon public property or the property of another; 3. Permit dog or cat feces to accumulate on the owner's premises for more than 24 hours; 4. Interfere with any police officer or other city employee in the performance of his duty to enforce this section; 5. Keep or own four or more dogs or cats or combination thereof over six months of age without a kennel permit. B. Impoundment. The animal control officer or police officer may seize, impound or restrain any dog or cat which has been permitted to habitually bark, cry, whimper, howl, whine or emit any other loud or unusual noise for a period of two or more hours whenever the owner of such animal cannot be immediately located or has failed, upon order by the animal control officer or a police officer, to prevent such animal from habitually making such noises. Subdivisions 4 and 5 of this section shall apply to any dog or cat impounded under this subdivision. Subd. 7. Potentially dangerous and dangerous dogs. A. Minn. Stat., §§ 347.50-347.55 adopted by reference. Except as otherwise provided in this chapter, the regulatory and procedural provisions of Minn. Stat., §§ 347.50- 347.55 (commonly referred to as the dangerous dog regulations), as amended through Laws 1997, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. B. Declaration of potentially dangerous or dangerous dog. A city police officer, community service officer or animal control officer may declare a dog to be potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. A written notice declaring the dog potentially dangerous or dangerous shall be personally served upon the owner of the dog. The officer shall provide a copy of the notice served upon the dog owner, along with an affidavit of service, to the city clerk. For purposes of a notice declaring a dog dangerous, the notice must include a copy of the provisions of this section and Minn. Stat. §§ 347.50-347.55 and a form, with instructions, to request an appeal of the declaration of the owner's dog as dangerous. C. Appeal. Any owner of a dog declared dangerous may appeal by serving upon the city clerk, within three (3) business days of receipt of the notice declaring the dog dangerous, inclusive of the date the notice is received, a written notice of appeal. The appeal hearing shall be heard by the hearing officer within 14 days of the date the declaration notice is served upon the dog owner. The appeal hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests transcription. Supp. No. 3 CD10:12 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 After considering all evidence submitted, the hearing officer shall make written findings of fact and conclusions on the issue of whether the dog is a dangerous dog within five business days of the date of appeal hearing. The findings and conclusions shall be served upon the owner by U.S. mail, within the five-day time period. An owner's right to appeal or otherwise contest a dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal as required herein or fails to appear at the scheduled appeal hearing date. D. Compliance with dangerous dog regulations. Immediately upon receipt of the notice declaring the dog dangerous, the owner shall confine the dog in a proper enclosure as defined in Minn. Stat. § 347.50. If no timely appeal is received by the city clerk or the appeal hearing officer finds the owner's dog is dangerous, the owner shall comply with the requirements of this section, the provisions of Minn. Stat. § 347.50 to 347.55, and the following: (1) County registration required. It is unlawful to own or keep a dangerous dog within the city unless such dog is duly registered with the county auditor's office. (2) Tag required. It is unlawful for the owner of any dangerous dog to own or keep such dog within the city, unless a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol is affixed to the dog's collar at all times. (3) Enclosure and muzzling required. It is unlawful for the owner of any dangerous dog, while on the owner's property, to have such a dog outside a proper enclosure unless such dog is muzzled, as to prevent the dog from biting any person or animal but not injurious to the dog, and restrained by a substantial chain or leash and under the physical restraint of a responsible person. For purposes of this provision, "proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements for the dog. (4) Destruction of dangerous dog. In the event that a dangerous dog appears to be an immediate danger to any persons or property, a police officer, animal control officer, or other employee or agent of the city assisting a police officer or animal control officer is hereby authorized to summarily destroy such animal. (5) Nonapplication to police dogs. The provisions of this subdivision shall not apply to any dangerous dog used by law enforcement officials for public work. Subd. 8. Disposition of certain animals. A. Generally. The hearing officer is authorized to order the destruction or other disposi- tion of any animal upon a finding that: (1) The dog has habitually destroyed property or habitually trespassed in a damag- ing manner on the property of persons other than the owner; Supp. No. 3 CD10:13 § 10.11 EAGAN CODE (2) The animal has been declared dangerous, the owner's right to appeal under this section has been exhausted or expired and the owner has failed to comply with the provisions of this section or Minn. Stat. § 347.50 through 347.55; or (3) The animal that habitually barks, cries, whimpers, howls, whines, or emits any other loud or unusual noises. In the event the hearing officer waives his/her authority under this subparagraph, a sworn complaint of any person that any one of the foregoing facts exist may be brought before a district court judge in this county. Said judge shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before said judge to show cause why said animal should not be seized and killed or otherwise disposed of by the poundmaster or any police officer or animal control officer. Such summons shall be returnable not more than five days from the date thereof and shall be served at least three days before the time of appearance mentioned therein. Upon such hearing and finding of the facts true as complained of, the judge may either order the animal killed or order the owner to remove it from the city or may order it confined to a designated place or may order its sale or other disposition as herein provided for the impounded animals. B. Notice and hearing. The hearing officer, after having been advised of the existence of such animal as defined in subparagraph A of this subdivision and having decided to retain its authority under this subdivision, shall proceed as follows: 1. The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this subdivision and, where applica- ble, the dates, times, and places of animals and persons bitten, attacked, injured or disfigured or of other violations and shall be given ten days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten days of the notice, the council shall make an appropriate order including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 2. If the owner requests a hearing for determination as to the disposition of the animal, the hearing shall be held before the hearing officer at a date not more than three weeks after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After considering all evidence, the hearing officer shall make an appropriate order within 30 days of hearing, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 3. The hearing officer may apply to the district court of the county for subpoenas for hearings under item 2, above. C. Concealing of animals. It is unlawful for any person to harbor, hide or conceal an animal which has been ordered into custody for destruction or other proper disposition. Supp. No. 3 CD10:14 • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.11 Subd. 9. Immobilization of dogs or cats. For the purpose of enforcement of this section, any peace officer, animal control officer, or other person assisting a police officer or animal control officer may use a so-called "tranquilizer gun" or other instrument for the purpose of immobilizing or seizing, impounding, or restraining any animal reasonably believed to be in violation of this section. Subd. 10. Rabies control. A. Inoculation. Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this subdivision and possess a certificate of a veterinarian duly licensed to practice veterinary medicine within the state, which certificate shall state that the dog or cat has a current inoculation against rabies. Any dog vaccinated with a modified live or trimmune killed rabies vaccine shall be revaccinated at no more than 24-month intervals; any dog vaccinated with any other killed rabies vaccine or while under 12 months of age shall be revaccinated at no more than 12-month intervals. Any cat shall be revaccinated at no more than 12-month intervals for any and all types of vaccines used. B. Animal bites. 1. Persons bitten. (a) Whenever any dog or cat has bitten a person, the owner, having been so notified either orally or in writing, must: (1) provide a certificate of current rabies inoculation; and (2) immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of ten days after the occurrence. (b) During the quarantine, the dog or cat shall be securely confined in a building, locked kennel or a yard which is enclosed by a fence not less than five feet high and so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. (c) If the dog or cat dies or shows signs of illness or if it escapes, the animal control officer or police department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred, as the result of a dog or cat biting a person, shall be at the expense of the owner of the animal. (d) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the university diagnostic lab to be determined if the animal has been infected with rabies. Supp. No. 3 CD10:15 § 10.11 EAGAN CODE 2. Dog or cat bitten. (a) Whenever any rabid -bearing animal has bitten a dog or cat, the owner of the bitten dog or cat, having been so notified either orally or in writing, must: (1) provide a certificate of current rabies inoculation to the police department; (2) immediately revaccinate the dog or cat; and (3) immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of 180 days. The dog or cat may be released from quarantine after 40 days if the following are satisfied: (1) The dog or cat was vaccinated for rabies at least 21 days before exposure; (2) The dog or cat was revaccinated for rabies immediately after exposure, at which time the 40-day period shall begin; and (3) A written report as required by state law is received by the board of animal health. (b) Any quarantine of a dog or cat under this subparagraph shall be in accordance with subparagraph B, item 1(b) of this subdivision. (c) If the dog or cat dies or shows signs of illness or escapes, the animal control officer or police department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat bitten by another animal, shall be at the expense of the owner of the dog or cat bitten. (d) In the event that a certificate of current rabies inoculation is not provided or the owner of the dog or cat bitten failed to comply with the provisions herein or, upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subject to the necessary test by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies and shall be quarantined as provided in subparagraph B, item 1(b) of this subdivision. Any animal, other than a dog or cat, which has bitten a dog or cat shall be destroyed and taken to the university diagnostic lab to be determined if the animal has been infected with rabies. (Code 1983, § 10.11, eff. 1-1-83; Ord. No. 135, 2nd series, eff. 4-17-92; Ord. No. 165, 2nd series, eff. 5-14-93; Ord. No. 203, 2nd series, eff. 7-13-95; Ord. No. 252, 2nd series, eff. 1-15-98) Cross references —Kennels, § 6.38; pet shops, § 6.43. State law references —Animals generally, Minn. Stat. § 346.01 et seq.; dogs and cats, Minn. Stat. § 347.01 et seq. Sec. 10.12. Animals and fowl —Keeping, transporting, treatment, housing. Subd. 1. Definitions. As used in this section, the following definitions shall apply: A. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. Supp. No. 3 CD10:16 • • • • • • PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12 B. Animals includes farm animals and all other animals, reptiles and feathered birds or fowl, except dogs, cats, gerbils, hamsters and caged household birds. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the city zoned agricultural and containing not less than five acres, or (2) animals kept as part of a show licensed under the City Code, or (3) animals used in a parade for which a permit has been issued, or (4) animals kept in a laboratory for scientific or experimental purposes, or (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian, or (6) animals kept in a pet shop licensed under the City Code, or (7) as otherwise provided in this section. Subd. 3. Animals in transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or (2) farm animals being transported in a portion of the city zoned agricultural, or (3) restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 4. Treatment. It is unlawful for any person to treat any animal, as herein defined, or any other animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein defined, or any other animal in any structure infested by rodents, vermin, flies or insects or inadequate for protection against the elements. Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the owner. Subd. 7. Harboring carrier pigeons. A. Definitions. As used in this subdivision, the following definitions shall apply: 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless such pigeons are raised for food or for similar commercial purposes. 3. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any carrier pigeon without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. Supp. No. 3 CD10:16.1 § 10.12 EAGAN CODE C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal control officer inspects the premises and lofts thereof. All applications for permit renewal shall be filed within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following: 1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premises on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; Supp. No. 3 CD10:16.2 • • • • • • LAND USE REGULATIONS (ZONING) § 11.03 Sec. 11.01. Intent and purpose. This chapter is adopted for the purpose of (1) protecting the public health, safety and general welfare; (2) dividing the city into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, and percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; (3) promoting orderly development of the residential, business, industrial, recreational and public areas; (4) providing adequate light, air and convenience of access to property; (5) limiting congestion in the public rights -of -way; (6) preventing the overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (7) providing for the compatibility of different land uses and the most appropriate use of land throughout the city; (8) providing for the more orderly transition from a rural to an urban or suburban environment; (9) providing for the administration of this chapter and amendments thereto; (10) defining the powers and duties of the administrative officers and bodies, as provided hereinafter; and, (11) prescribing penalties for the violation of the provisions of this chapter or any amendment thereto. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.01, eff. 1-1-83) Sec. 11.02. Rules of language construction. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in such definition thereof. All measured distances expressed in feet shall be the nearest tenth of a foot. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.02, eff. 1-1-83) Sec. 11.03. Definitions. The following terms, as used in this chapter, shall have the meanings stated: Abutting means making contact with or separated only by public thoroughfare, railroad or public right-of-way. Accessory use or structure means a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Addition means an extension or increase in floor area or height of a building or structure. Adult establishment means that term as defined in Chapter 6 of this Code. Amusement device; mechanical amusement device means, as used herein, a machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description or which may be used for any such game, contest or amusement and which contains no automatic payoff device for the return of money coins, checks, tokens or merchandise or which provides for no such payoff by any other means or manner. Supp. No. 3 CD11:3 § 11.03 EAGAN CODE Antenna means a device used for transmitting or receiving electromagnetic waves, including but not limited to: Television or video, AM/FM radio, analog or digital, microwave, cellular or personal communications service (PCS), telephone or data, or similar signals. Architectural concrete means a building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the architectural design of the building and is available in a variety of colors. Automobile reduction yard means a lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of scrap, storage or abandonment. Automobile repair, major means general repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service. Automobile repair, minor means the replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross weight. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Building means any structure used or intended for supporting or sheltering any use or occupancy. Building coverage means the area of a lot covered by building(s). Building height means the vertical distance above "grade," as herein defined, to the highest point of a flat roof or a mansard roof or to the highest gable of a pitched or hipped roof. Carport means an automobile shelter having one or more sides. Carwash means any building or portions thereof used for the cleaning or washing of automobiles. Case in place panel means a building wall section of concrete poured into place in a form at the building construction site. Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. Commission means the planning commission of the city. Comprehensive guide plan means the city comprehensive guide plan as duly adopted and as amended from time to time by the city council. Supp. No. 3 CD11:4 • • • • • • LAND USE REGULATIONS (ZONING) § 11.03 Conditional use permit means a permit specially and individually granted by the council after review thereon by the planning commission for any conditional use so permitted in any use district. Day care facility means a facility licensed by the state or county, public or private, which, for gain or otherwise, regularly provides care of one or more children on a regular basis, for periods of less than 24 hours per day, in a place other than the child's own home. Decorative block means a masonry building block or cast concrete and aggregate rock that has a split -rock, brick -like, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors. Supp. No. 3 CD11:4.1 • • • LAND USE REGULATIONS (ZONING) § 11.03 Office/showroom means a multitenant building with gross floor area consisting of at least 30 percent finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Office/warehouse means a multitenant building with gross floor area consisting of at least 15 percent finished office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Outdoor display means to store or exhibit outside a commercial building a representative sample of merchandise, goods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business. For purposes of this chapter, any outdoor display exceeding the restrictions thereof as set forth in section 11.10 shall constitute outdoor storage. Outdoor storage means to stock, keep, sell or trade outside a commercial or industrial building any items of merchandise, supplies, materials, finished goods, inventory or other movable property or motor vehicles. For purposes of this definition and the regulation of outdoor storage, a temporary outdoor event and seasonal outdoor sale shall not constitute outdoor storage. Parking space means a suitably surfaced or permanently maintained area on privately owned property of sufficient size to store one motor vehicle either within or outside of a building. Performance standard means criteria established to control noise, odor, toxic or noxious matter, vibration, fire or explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Plain concrete block means a masonry building block of cast concrete that has no additional surface texturing. Planned development means an urban development developed according to an approved overall plan (1) having two or more principal uses (within a single plat) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or (2) having a single use which does not comply with all of the restrictions of any one zoning district. Planned development zoning shall be allowed only where the council determines that, because of topography, location, design, public need, amenities, or for other similar reasons, the develop- ment represents good planning in relation to existing and proposed development in the area. Precast panel means a building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation. Preferred co -location site means an existing or approved tower, structure or building which may accommodate planned equipment for a proposed new tower within a one-half (1/2) mile search radius of the proposed tower location. Supp. No. 3 CD11:9 § 11.03 EAGAN CODE Processing means the crushing, washing, compounding or treating of rock, sand, gravel or similar materials. Public hearing, unless otherwise specifically redefined, means a public hearing pursuant to a notice published once in the official newspaper of the city at least ten days prior to the date of such hearing, which notice shall specify the general purpose, time and place of such hearing. Any such hearing after such publication may be continued, recessed or adjourned, from time to time, without any further publication or notice thereof. Public right-of-way means the entire area dedicated to public use or contained in an easement or other conveyance or grant to the state, county or city and shall include but not be limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines in which the street or roadway lies. Public utility services means the providing of electric power, gas, telephone, sanitary sewer and water. Public utility tower means a permanent steel tower structure which is owned by the city or a public utility corporation or cooperative and is designed and constructed to carry high voltage transmission lines and will bear the additional weight of an antenna as defined herein. Publication means notice placed in the official city newspaper stating time, location, and date of meeting and description of topic. Recyclables means "recyclables" as defined in Chapter 10 of this Code. Regional flood means a flood which is representative of large 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 of the 100-year recurrence interval. Regional flood is synonymous with 100-year floodplain and with the term "base flood" used in the flood insurance rate map. Rental shop means a business operated within a principal structure and engaged exclusively in providing movable property to another for temporary use in exchange for consideration paid, except for the incidental sale of accessories related to those items rented. Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Restaurant, class I —Traditional restaurant means an eating facility where food is served to a customer and consumed by him while seated at a counter or table. Cafeteria means an eating establishment where food is selected by a customer while going through a serving line and taken to a table for consumption. Restaurant, class II —Fast food means a majority of the customers order food and are served their food at a counter and then take their food to a table or counter where it is consumed. However, a significant number may take their food outside to eat in an automobile or off the Supp. No. 3 CD11:10 • • LAND USE REGULATIONS (ZONING) § 11.03 premises. Drive-in restaurant means most customers consume their food in an automobile regardless of how it is served. Carryout and delivery restaurants means food is prepared for consumption off the premises only. Retail sales means a use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Satellite dish means an antenna device used for transmitting or receiving electromagnetic waves, but which incorporates a reflective surface that is solid, open mesh, or bar figured and is in the shape of a shallow dish, cone, horn or cornucopia. For purposes of this chapter only, a satellite dish, which technologically constitutes an antenna as defined herein, shall be deemed as a separate and distinct antenna and shall be specifically regulated as such in this chapter. Seasonal outdoor sales means the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principle use or structure. Setback. A. For purposes of measuring the setback between a building, structure, or use and a lot line that is contiguous to or a common boundary for an adjacent lot, the setback is the horizontal distance from the lot line to the nearest point of the building, structure or use located or to be located on the lot. B. For purposes of measuring the setback between a building, structure or use, including a parking area, and a street right-of-way, as defined in chapter 1 and to include any easement, conveyance or other grant to the county or state, the setback is the horizontal distance from the edge of said street right-of-way which abuts the lot to the nearest point of the building, structure or use, including any parking area, located or to be located on the lot. Sign means as defined in section 4.20 of the City Code. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under -floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar or unused under -floor space shall be considered a story. Street means a public right-of-way which affords a primary means of access to abutting property. Structure means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, and other similar items. Supp. No. 3 CD11:11 § 11.03 EAGAN CODE Synthetic stucco means a nonbearing exterior wall cladding system providing both insula- tion value and finished exterior surface (e.g., EIFS panels). Technical, business or vocational school means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility. Temporary outdoor event means an exhibition or sale with a duration of ten continuous days or less which does not occur more than once per 30 days and more than three times per year or a combination of twenty days total in a calendar year. A temporary outdoor event includes, but is not limited to: promotional and fund raiser event; car wash; nursery stock, fresh fruit and vegetables sale, and prepared food, clothing and crafts display or sale. Thoroughfare means those streets as shown on the city thoroughfare plan at the right-of- way widths indicated. Tower means any freestanding structure designed specifically to elevate an antenna, satellite dish or similar apparatus. Townhouse means a single-family building having one or more walls in common with another single-family building oriented so all exits open directly to the outside. Trash means "garbage" and 'other refuse" as defined in Chapter 10 of this Code. Use means the purpose of activity for which the land or building thereon is designated, arranged or intended or for which it is occupied. Use for accessory, special or conditional. See definitions contained herein. Use, permitted means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such districts. 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. Wind energy conversion system means a device including a wind charger, windmill or wind turbine designed to convert wind energy to another form of usable energy such as electricity or heat. Yard means a required open space on a lot which is unoccupied and unobstructed by a building from its lowest ground level to the sky, except as expressly permitted by this chapter. A yard shall extend along a lot line and at right angles to such a lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Supp. No. 3 CD11:12 • • • • • LAND USE REGULATIONS (ZONING) § 11.10 Zoning district means an area or areas within the limits of the city for which the regulations and requirements governing use, lot and size of building and premises are uniform. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 8-8-80; Code 1983, § 11.03, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 176, 2nd series, eff. 1-26-94; Ord. No. 188, 2nd series, eff. 11-17-94; Ord. No. 191, 2nd series, eff. 1-5-95; Ord. No. 202, 2nd series, eff. 5-11-95; Ord. No. 214, 2nd series, eff. 3-28-96; Ord. No. 225, 2nd series, eff. 10-15-96; Ord. No. 232, 2nd series, eff. 5-6-97; Ord. No. 239, 2nd series, eff. 8-19-97; Ord. No. 250, 2nd series, eff. 12-25-97; Ord. No. 257, 2nd series, eff. 4-16-98) Secs. 11.04-11.09. Reserved. Sec. 11.10. General provisions. Subd. 1. Application. A. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. B. Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, City Code provision, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. C. Except as in this chapter specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter. Subd. 2. Separability. It is hereby declared to be the intention of the council that the several provisions of this chapter are separable in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provisions of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment. B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. Subd. 3. Nonconforming structures and uses. A. Policy. It is the policy of the city that nonconforming structures and nonconforming uses in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a uniform use of and within the districts established within this chapter. Supp. No. 3 CD11:12.1 • • • LAND USE REGULATIONS (ZONING) § 11.10 (3) Building mounted satellite dishes located within any agricultural district (A), estate district (E), residential district (R-1, R-2, R-3, R-4, and R-5) or planned development district, within the area designated solely for residential uses under a planned development agreement (PD) shall not be larger than one meter (39 inches) in diameter; and (4) Building mounted satellite dishes and antennae located within any agricultural district (A); estate district (E); residential district (R-1, R-2, R-3, R-4, and R-5); or planned development district, within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. B.1. Public utility tower mounted antennae. Public utility tower mounted antennae shall be a permitted use in all zoning district of the city in which the public utility tower is located, subject to the following requirements: (1) The height of any antennae mounted to a public utility tower shall not exceed 20 feet above the highest point of the public utility tower. (2) Accessory equipment associated with the antennae shall be located within an enclosure which shall not be greater in area than 400 square feet and shall be designed and constructed of material and color scheme compatible with accessory structures on the surrounding properties. Notwithstanding any provision to the contrary in this subdivision, a freestanding tower for the purpose of elevating an antennae shall be a permitted use in all zoning districts of the city in which a public utility tower is located, as defined in this chapter, provided that it is located within the base area of the public utility tower and directly surrounding by the support structure of the public utility tower and meets all of the requirements in this subparagraph. C. Freestanding satellite dishes. Freestanding satellite dishes shall be permitted in all zoning districts, subject to the following requirements: (1) Freestanding satellite dishes shall be located in the rear yard; (2) Accessory equipment associated with a freestanding satellite dish shall be located within the principal building or within an enclosure which is constructed of materials and color scheme compatible with the principal building or within an equipment encasement not exceeding 10 feet (w) x 10 feet (1) x 5 feet (h) in size; (3) Satellite dishes and any accessory equipment enclosures shall meet the setback requirements for accessory structures as set forth in this chapter of the City Code; (4) Satellite dishes and accessory equipment enclosures shall not be located within any utility or drainage easement; and (5) Freestanding satellite dishes located within any agricultural district (A); estate district (E); residential district (R-1, R-2, R-3, RA, and R-5); or planned develop- ment district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. Supp. No. 3 CD11:43 § 11.10 EAGAN CODE (6) Freestanding satellite dishes shall not exceed fifteen (15) feet in height. D. Freestanding towers and antennae. (1) Freestanding towers and antennae in residential use districts. Freestanding towers and antennae shall be permitted as an accessory use only in agricultural districts (A); estate districts (E); residential districts (R-1, R-2, R-3, R-4 and R-5); and planned development districts within the area which is designated solely for residential uses under a planned development agreement (PD), subject to the following requirements: (a) The combined height of a freestanding tower and any antenna mounted thereto shall not exceed 60 feet, in height, measured from ground elevation of the tower to the highest point of the tower, including any antenna mounted thereto; (b) Permanent platforms or structures, exclusive of antennae, that increase off -site visibility are prohibited; (c) No more than one freestanding tower shall be permitted on any one residential lot; (d) All setback requirements for accessory structures, as set forth in this chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower; (e) The tower shall be located in the rear yard; (f) The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration; (g) No tower shall be used for commercial purposes. (2) Freestanding towers and antennae in non-residential use districts. Notwithstand- ing paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a conditional use permit approved by city council only in limited industrial districts (I-1); general industrial districts (I-2); public facility districts (P) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD), provided an antenna shall be a permitted use in a public facility (P) provided the antenna is placed or mounted on a city water reservoir tank or tower. Freestanding towers and antennae permitted under this paragraph shall be subject to the following requirements: (a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: (i) 100 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination; or (ii) 125 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least one addi- tional comparable antennae for other communication providers; Supp. No. 3 CD11:44 • • • • • • LAND USE REGULATIONS (ZONING) § 11.10 (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (iii) 150 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least two addi- tional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the minimum setback distance of the tower from any property line of a parcel or lot within a residential use district shall be equal to two times the height of the tower or 300 feet, whichever is greater; (c) The tower shall be located in the rear yard; (d) The tower shall be self-supporting through the use of a design that uses an open -frame or monopole configuration; (e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off -site visibility are prohibited; (f) Existing vegetation on the site shall be preserved to the greatest possible extent practical; (g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet (w) x 10 feet (1) x 5 feet (h) in size. (h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. (i) No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co -location site. The city council may find that a preferred co -location site cannot accommodate the planned equipment for the follow- ing reasons: (i) The planned equipment would exceed the structural capacity of the preferred co -location site, and the preferred co -location site cannot be reinforced, modified, or replaced to accommodate the planned equip- ment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer; (ii) The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred co -location site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer; Supp. No. 3 CD11:45 § 11.10 EAGAN CODE (iii) A preferred co -location site cannot accommodate the planned equip- ment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or (iv) The applicant, after a good -faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred co -location site. E. Wind energy conversion systems. Wind energy conversion systems shall be permitted only in agricultural districts (A); limited industrial districts (I-1); general industrial districts (I-2); public facility districts (P) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD) pursuant to a conditional use permit approved by city council subject to the following requirements: (1) The system shall not exceed a height of 100 feet; (2) All setback requirements for accessory structures as set forth in this Code shall be met, provided the minimum setback distance from any residential structure shall be equal to 2 times the height of the main structure of the system; (3) All systems shall have an automatic speed control device as part of the design; (4) All systems shall comply with the Minnesota Pollution Control Agency's Noise Pollution Section (NPC 1 and NPC 2), as amended; and (5) Any wind energy conversion system which utilizes a propeller shall have neither a blade rotation diameter of greater than 35 feet nor a blade arc less than 30 feet above the ground. F. General standards. All antennae, satellite dishes, towers, and wind energy conversion systems shall be subject to the following additional requirements: (1) Location and color shall be in a manner to minimize off -site visibility to the greatest possible extent. (2) Compliance with all applicable provisions of the City Code, including the provisions of the state building code therein adopted, in addition to the require- ments set out in this subdivision. (3) No signs, other than for public safety warnings or equipment information, shall be affixed to any portion thereof; (4) No artificial illumination, except when required by law or by a governmental agency to protect the public's health and safety, shall be utilized; (5) The placement of transmitting, receiving and switching equipment shall be integrated within the site, being located within an existing structure whenever possible; any new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color scheme compatible with the principal structure and/or surrounding area or within an equipment encasement not exceeding 10 feet (w) x 10 feet (1) x 5 feet (h) in size. Supp. No. 3 CD11:46 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 (6) Accessory equipment or buildings shall be screened by suitable landscaping, as set forth in this chapter, except where a design of non -vegetative screening better reflects and compliments the architectural character of the surrounding neigh- borhood; (7) Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems; (8) Structural design, mounting and installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer; and (9) Towers, and any equipment attached thereto, shall be unclimable by design for the first 12 feet or completely surrounded by a six-foot high security fence with a lockable gate. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 5-25-75; eff. Ord. of 5-28-76; eff. Ord. of 9-24-76; Code 1983, § 11.10, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 154, 2nd series, eff. 12-11-92; Ord. No. 158, 2nd series, eff. 1-27-93; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 188, 2nd series, eff. 11-17-94; Ord. No. 189, 2nd series, eff. 11-17-94; Ord. No. 198, 2nd series, eff. 3-16-95; Ord. No. 204, 2nd series, eff. 10-5-95; Ord. No. 205, 2nd series, eff. 10-12-95; Ord. No. 217, 2nd series, eff. 3-28-96; Ord. No. 225, 2nd series, eff. 10-15-96; Ord. No. 232, 2nd series, eff. 5-6-97; Ord. No. 234, 2nd series, eff. 6-3-97; Ord. No. 240, 2nd series, eff. 8-19-97; Ord. No. 241, 2nd series, eff. 8-19-97; Ord. No. 242, 2nd series, eff. 8-19-97; Ord. No. 248, 2nd series, eff. 12-11-97; Ord. No. 257, 2nd series, eff. 4-16-98) Secs. 11.11-11.19. Reserved. Sec. 11.20. Use districts. Subd. 1. Classification. The following land use districts are hereby established under which all lands in the city shall be classified: A Agricultural district E Estate district P Public facilities district R-1 Residential single district R-2 Residential double district R-3 Residential townhouse district R-4 Residential multiple district R-5 Mobile home district LB Limited business district NB Neighborhood business district GB General business district Supp. No. 3 CD11:47 § 11.20 EAGAN CODE CSC Community shopping center district RSC Regional shopping center district RB Roadside business district I-1 Limited industrial district I-2 General industrial district R-D Research and development park district PD Planned development district FP Floodplain district BP Business park district Subd. 2. Zoning map. The boundaries of the above districts are hereby established as shown on that certain map entitled "Zoning Map of the City of Eagan, Minnesota," which map is properly approved and filed in the office of the city clerk, hereinafter referred to as the "zoning map." Said map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set down therein and are hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the zoning map and make same available to the public. Where a dispute arises over the city clerk's determination of the exact location of a district boundary, said dispute shall be heard by the board of appeals and adjustments for recommendation, with final determination to be made by the council. Subd. 3. A agricultural district. A. Permitted uses. Within any agricultural district no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. All types of agricultural pursuits and accessory farm structures. 2. Commercial greenhouses and nurseries. 3. Stands for the sale of agricultural products provided said products are raised on the premises. 4. One -family detached dwelling. 5. Public parks, playgrounds and public utility service facilities. 6. Public utility tower mounted antennae, subject to the regulations thereof in this Code. B. Conditional uses. Within any agricultural district no structure or land shall be used for the following uses or uses deemed similar by the council except by a conditional use permit: 1. Any conditional use in the R-1 district as regulated therein. 2. Riding stables, boarding stables, auction facilities or sales barns, commercial feedlots or dog kennels subject to the requirements of section 6.38 of the City Code. 3. Commercial storage facilities. Supp. No. 3 CD11:48 • • LAND USE REGULATIONS (ZONING) § 11.20 4. Day care facilities providing services to 11 or more children at one time. C. Accessory uses. Within any agricultural A district, any accessory use permitted in an R-1 district shall be permitted and a wind energy conversion system, subject to the regulations thereof in this Code, shall be permitted. Subd. 4. E estate district. A. Permitted uses. Within any estate district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. One -family detached dwelling. 2. Public utility tower mounted antennae, subject to the regulations thereof in this Code. B. Conditional uses. Within any estate district, no structure or land shall be used for the following use or uses deemed by the council except by conditional use permit: 1. Golf courses, country clubs and tennis clubs. C. Permitted accessory uses. Within any estate district, no structure or land or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the council: 1. Private garages and parking space. 2. Private swimming pool, tennis court, or recreation building. 3. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted on the premises. 5. Decorative landscape features. 6. The keeping of domestic animals (household) for noncommercial purposes, for the use of the occupants of the premises. 7. Building mounted antennae and satellite dishes, subject to the regulations thereof in this Code. 8. Freestanding towers, subject to the regulations thereof in this Code. Subd. 5. Residential districts. A. Permitted uses. Within any R-1, R-2, R-3, R-4, or R-5 district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. R-1 districts, one -family detached dwellings only. 2. R-2 districts, two-family dwellings only. 3. R-3 districts, townhouses only to a maximum density of 6,000 square feet per unit. Supp. No. 3 CD 11:49 § 11.20 EAGAN CODE 4. R-4 districts, apartments only. 5. R-5 districts, mobile homes only developed under the requirements of section 4.40 of the City Code. 6. R-1, R-2, R-3, R-4, and R-5 districts, home occupations as defined in section 11.03. 7. Reserved. 8. Manufactured homes, other than mobile homes, as defined by Minn. Stat. §§ 327.31-327.35 (R-5 only). 9. Public utility tower mounted antennae, subject to the regulations thereof in this Code. B. Conditional uses. Within any R-1, R-2, R-3, R-4 or R-5 district, no structure or land shall be used for the following use or uses deemed similar by the council except by conditional use permit: 1. Golf courses, country clubs and tennis clubs. 2. Day care facilities providing services to 11 or more children at one time. 3. Beauty parlors, in R-1 districts only, subject to the following conditions: (a) Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. (b) The only employee shall be an occupant of the household. (c) The parking shall be on site and shall be limited to two customer automo- biles. (d) There shall be no commercial signs advertising the business except for the type of sign that is allowed in R-1 districts. (e) There shall be no over-the-counter sales of merchandise. 4. Off-street parking, in R-4 districts only, subject to section 11.10, subdivision 12.1, except those portions thereof regarding outdoor storage. C. Permitted accessory uses. Within any R-1, R-2, R-3, R-4 or R-5 district, no structure or land or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the council: 1. Private garages and parking space. 2. Private swimming pool, tennis court, recreation building or tot -lot. 3. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted on the premises. 5. Decorative landscape features. 6. The keeping of domestic animals (household) for noncommercial purposes, for the use of the occupants of the premises. 7. Building mounted antennae and satellite dishes, subject to the regulations thereof in this Code. Supp. No. 3 CD11:50 • • • • • LAND USE REGULATIONS (ZONING) § 11.20 8. Freestanding towers, subject to the regulations thereof in this Code. Subd. 6. Minimum area, setback and height requirements. The following chart shall establish the minimum lot area, lot width, building setback and maximum height require- ments for agricultural, estate and residential districts. Where a conflict may arise between the minimum requirements of this section and those contained in the general provision section 11.10, subdivision 6, subparagraph C, the greater requirement shall be required. A. Minimum area, setback and height regulations (also see section 11.10 subdivision 6-C). Side Yard Setback Front Yard or Max - Setback Garage imum Along or Height Use Lot Public Dwelling Accessory Rear Yard Limita- Symbol District Lot Area Width Street Unit Structure Setback tions A Agricul- 5 ac. per 300 feet 30 feet 30 feet 5 feet 30 feet tural dwelling unit E Estate 20,000 100 feet 30 feet 30 feet 10 feet 30 feet for 2'/2 sq. ft., 1 a dwelling stories ac. w/o unit, 10 music- feet for an ipal accessory sewer & bldg. water R-1 Single- 12,000 85 feet 30 feet 10 feet 5 feet 15 feet 2'/2 family sq. ft., 1 stories ac. w/o munic- ipal sewer & water R-2 Double 15,000 100 feet 30 feet 10 feet 5 feet 15 feet 2'/z sq. ft. stories R-3 Townhouse 6,000 sq. 30 feet 30 feet 10 feet 30 feet for 3 stories ft. per a dwelling unit unit, 10 ft. for an accessory bldg. R-4 Multiple See sec. 50 feet 30 feet 10 feet 30 ft. for dwelling 11.20, a dwelling subd. 6-B unit, 10 ft. for an accessory bldg. Supp. No. 3 CD11:51 § 11.20 EAGAN CODE Side Yard Setback Front Yard or Max - Setback Garage imum Along or Height Use Lot Public Dwelling Accessory Rear Yard Limita- Symbol District Lot Area Width Street Unit Structure Setback tions R-5 Mobile See sec. homes 4.40 of City Code chapter 4 Manufac- Shall be constructed according to the standards in R-1, R-2, R 3 or R-4 district, de- tured pending upon the design of the proposed development homes B. Minimum area requirements for multiple dwellings. Number of Bedrooms Number of Stories Efficiency 1-Bedroom 2-Bedroom 3-Bedroom 1 3,960 (11)* 4,355**(10) 4,840 (9) 8,270 (5) 2 2,920 (15) 3,090 (14) 3,350 (13) 5,455 (8) 3 2,720 (16) 2,900 (15) 3,100 (14) 4,360 (10) 4 2,180 (20) 2,200 (19) 2,560 (18) 3,630 (12) 5 1,900 (22) 2,075 (21) 2,180 (20) 3,090 (14) 6 1,700 (24) 1,800 (23) 1,900 (22) 2,720 (16) *( ) units per acre **Square feet of land per unit All minimum required lot areas stated above shall not include public streets. C. Additional setback for heights. In all R districts, all minimum required building setbacks as stated in subparagraph A of this subdivision 6 shall be increased by three feet for each one foot of height over 35 feet. D. Special density credits. The minimum lot area requirements as stated in subparagraph B of this subdivision 6 shall be decreased in residential R-4 districts where garages are buried to the extent that the site area normally covered by garages can be occupied by other uses. The minimum required lot area in subparagraph B of this subdivision 6 shall be reduced by 300 square feet for each dwelling unit served by an underground garage. E. Ponding area as lot area. In determining the minimum required lot area under subparagraphs A and B of this subdivision 6, ponding areas or similar unbuildable areas as determined by the council shall not comprise more than ten percent of the total site area. F. Building coverage of the site. All buildings including accessory buildings together shall not cover more than 20 percent of the site area. Supp. No. 3 CD11:52 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 G. Uniform building code. All homes built in a residential district, other than R-5 must meet uniform building code requirements. Manufactured homes, as defined by Minn. Stat. §§ 327.31-327.35 will be allowed in R-5 zones when constructed in compliance with the said statute. H. Exterior building finish. In all R-3 and R-4 zones, at least 50 percent of any exterior building finish shall consist of a combination of materials which are noncombustible, nondegradable and maintenance free (for example, base brick, natural stone, glass, and aluminum siding) or those comparable in grade and quality. No exterior building fmish shall be sheet aluminum, asbestos, iron, steel, corrugated aluminum or un- treated block. Samples of exterior building materials shall be submitted with the application. I. Architectural standards. In all R-3 and R-4 districts, architectural plans shall be prepared by a registered architect and include (1) elevations of all sides of the building; (2) dimensions of all structures; (3) location and screening of heating, air conditioning and ventilation systems. All sides of all buildings shall be treated as a front with the same architectural treatment. Subd. 7. P public facilities district. A. Permitted uses. Within any public facilities district, no structures or land shall be used except for one or more of the following uses or uses deemed similar by the council: public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools, hospitals and building mounted antennae and satellite dishes and antennae on a city water reservoir tank or tower and public utility tower mounted antennae, subject to the regulations thereof in this Code. B. Conditional uses. Within any public utilities district, no structure or land shall be used for the following uses or uses deemed similar by the city, except by a conditional use permit: 1. On -sale beer at golf courses with clubhouses only in conformity with City Code chapter 5. 2. On -sale beer through temporary licenses with a maximum of four days only in conformity with City Code chapter 5. 3. Subject to section 11.10, subdivision 29, seasonal outdoor sales. 4. Freestanding tower, and wind energy conversion system subject to the regula- tions thereof in this Code. C. Permitted accessory uses. Within any public facilities district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Subject to section 11.10, subdivision 29, temporary outdoor event. D. Developments within a public facilities district shall meet the following requirements: 1. Prior to construction or alteration of any such facility, a building permit approved by the council shall be required. Supp. No. 3 CD11:53 § 11.20 EAGAN CODE 2. Every structure within a public facilities district shall have a minimum setback from its lot or land area boundaries of two feet of setback for each one foot in height of such structure, excluding steeples, ornaments or antennas. This provision shall not allow a minimum structure setback of less than 30 feet nor require a minimum structure setback of more than 50 feet. (Example: 15-foot tall or less structure = minimum 30-foot setback; 20-foot tall structure = minimum 40-foot setback; and 25-foot or taller structure = minimum 50-foot setback.) 3. Parking areas commensurate with the type of and use of any public facility shall be required which shall be determined by the council. 4. Public utility structures and equipment, even though owned by profit -making enterprises, however, may be permitted where the location thereof is necessarily restricted by virtue of operation or utility. Subd. 8. PD planned development district. A. Purpose and intent. This is supplementary to all other zoning districts contained in this chapter, the purpose of which is to encourage, under appropriate circumstances, a more creative, varied and efficient use of land in the city. Where such supplementary zoning is approved, it shall be deemed supplementary and superimposed over the basic zoning of the property under consideration. Where a conflict may arise between the require- ments of the supplementary and basic zoning, those requirements related to the supplementary zoning shall prevail. B. Determination. In considering any petition for such district, the planning commission and the council, in the interests of carrying out the intent and purpose of this subdivision, shall determine whether or not such planned development will: 1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; 2) be feasible for the owner and developer economically to complete according to proposed plans; and 3) benefit the community at large to a greater degree than would development of the underlying zoning district. C. Procedure. All petitions for a planned development shall be processed in accordance with applications for zoning under this chapter, building permits under City Code chapter 4 and subdivisions under City Code chapter 13, and all other applicable City Code provisions. In addition, the applicant shall be required to submit all such further data, drawings, exhibits, plans, specifications, time projections for development of the district, financial information and any other materials that the planning commission and/or the council shall deem necessary and appropriate to a consideration of any planned development petition. Initially such petition shall be in the form of a "preliminary plan" as outlined in subdivision 6, subparagraph B of section 11.40. Upon approval being granted by the council and prior to any construction, the applicant shall be required to submit "final plans" as described in subdivision 6, subparagraph D of section 11.40. Supp. No. 3 CD11:54 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 D. Planned development agreement. As a part of the approval of the "preliminary plan," a "planned development agreement" shall be approved by the council as described in subdivision 6, subparagraph C of section 11.40. E. Annual review, extension and termination. 1. The planning commission and the council shall review annually, after approval of the preliminary plan, the progress of each planned development to determine whether or not the applicant has substantially complied with the planned development agreement. (a) Each body shall make note thereof in its minutes. (b) If the applicant/owner/developer of an unexpired planned development agreement has failed to comply with the agreement, the council may, in its sole discretion, after recommendation by the advisory planning commission, at a duly advertised and noticed public hearing as required by section 11.40, subdivision 5, remove the superimposed planned development zoning by resolution, and the land area within the planned development shall auto- matically revert to its prior basic zoning classification. 2. Upon the expiration of the term of a planned development agreement for a development which has not been substantially completed, a duly advertised and noticed public hearing, as required by section 11.40, subdivision 5, shall be held by the planning commission, which shall make a recommendation to the council whether the planned development agreement shall be terminated, and if termi- nated, whether the planned development zoning shall be removed. The applicant shall provide an accurate list of property owners within 350 feet of the develop- ment. (a) The council may extend the planned development agreement noting its reasons in its minutes. (b) If the council determines that the planned development agreement shall be terminated, it shall also determine whether the planned development zoning shall be removed. F. Permitted accessory uses. Within any planned development district, the following uses or uses deemed similar by the council shall be permitted accessory uses to any commercial or industrial principle use: 1. Subject to section 11.10, subdivision 29, temporary outdoor event. Subd. 9. LB limited business district. A. Description. Limited business districts are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). B. Permitted uses. Within any LB district, no structure or land shall be used except for one or more of the following uses, or uses deemed similar by the council: 1. Municipal buildings where the use conducted is customarily considered to be an office use. Supp. No. 3 CD11:55 § 11.20 EAGAN CODE 2. Professional offices, banks and savings and loan. 3. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 4. Clinics for human care. 5. Institutional uses: library, swimming pools, churches, public schools, religious centers, health centers, and community buildings. 6. Funeral homes and mortuaries. 7. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within any LB district, no structure or land shall be used for the following uses or uses deemed similar by the council except by conditional use permit: 1. Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers, private schools. 2. Art, interior decorating, photographic or music studio, provided no retail sales are made of products not manufactured on the site. 3. Radio and television studios. 4. Private clubs and lodges. 5. Historical buildings, museums, art institutions, galleries and playhouses. 6. Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district. 7. On -sale liquor in conjunction with a restaurant facility. 8. Restaurants —Class I only those granted a permit according to applicable City Code provisions to serve 3.2 beer or wine. 9. Reserved. 10. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 11. Subject to section 11.10, subdivision 29, seasonal outdoor sales. D. Permitted accessory uses. Within any LB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Private garages, off-street parking and loading spaces, as regulated by this chapter. 2. Building temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. Supp. No. 3 CD11:56 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 3. Public telephone booths provided all yard requirements are met. 4. Subject to section 11.10, subdivision 29, temporary outdoor event. 5. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. Subd. 10. NB neighborhood business district. A. Description. Neighborhood business districts are small business areas located in the center of a residential neighborhood to serve the daily retail needs of adjoining residents. B. Permitted uses. Within any NB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Retail shopping center developed under the following conditions: (a) An overall plan shall be submitted and approved by the city including architecture, parking, driveways, landscaping and screening before construc- tion is commenced. 2. Retail shopping center uses shall be limited to the following unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: dairy store or quick -stop food store; bakeries; barbershop, beauty parlor; Christmas tree sales (including outdoor sales); drugs; florists; gifts; hardware; hobby shops; laundry and dry cleaning; laundromat; phonograph records; photography studios; shoes; sporting goods; variety stores; off -sale liquor store; restaurants with sit-down facility only; clubs; lodges; sports and health clubs; indoor theater; offices and quick -print. 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. 4. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 5. Banks and savings and loan office. 6. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 7. Rental shops. 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within any NB district, no structure or land shall be used for the following uses or uses deemed similar by the council, except through the granting of a conditional use permit: 1. Subject to section 11.10, subdivision 29, outdoor storage and then only conducted by an occupant of the principal building. Supp. No. 3 CD11:57 § 11.20 EAGAN CODE 2. On -sale liquor, wine or 3.2 beer. 3. Automobile service stations which may be permitted under the following condi- tions: (a) The size, location, design and number of stations shall be approved by the city as a part of the approval of the overall design required under subpara- graph B, item 1 of this subdivision. (b) The opening of any service station shall follow and not precede the construction and occupancy of a minimum of 10,000 square feet of retail shopping center floor space. (c) Access shall be approved as a part of the approval of the overall plan. (d) Rental of trailers or similar vehicles shall not be permitted. 4. Banks and savings and loan offices with drive -up tellers. 5. Animal clinic when contained within a building. 6. Amusement devices exceeding three machines at one licensed location or within 200 feet of any other licensed location. 7. Subject to section 11.10, subdivision 29, seasonal outdoor sales. D. Permitted accessory uses. Within any NB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Accessory uses as permitted in any other business district. 2. Essential service facilities such as printing shops and cafeterias which are accessory and customarily associated with the principal use. 3. Subject to section 11.10, subdivision 29, temporary outdoor event. E. Conditional accessory uses. 1. Carwash. Limited to one stall. Subd. 11. GB general business district. A. Description. General business districts areas are designed for heavy uses and those businesses which tend to serve other businesses and industry, as well as residents. These uses can be incompatible with residential development; therefore, businesses in this zoning classification are concentrated and insulated as much as possible from residential areas. B. Permitted uses. Within any GB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Offices where goods are not produced. 2. Lumber, heating and plumbing shops and similar constructional material sales and service facilities (outdoor storage subject to conditional use). 3. Wholesale office, sales or showroom for furniture, carpets and rugs and similar household goods. Supp. No. 3 CD11:58 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 4. Bowling alley, tennis club, skating, theater, archery and similar commercial recreation facilities when contained within a building. 5. Carwash (motor fuel sales subject to conditional use). 6. Auto accessories sales (service facilities subject to conditional use). 7. Storage facilities contained within a building (outdoor storage subject to condi- tional use). 8. Rental shop (outdoor display or storage subject to conditional use). 9. Animal hospital or clinic when contained within a building. 10. Television and radio studios (towers subject to conditional use). 11. Stone or monument sales (outdoor display or storage subject to conditional use). 12. Private clubs and lodges, or health clubs. 13. Armories or conventional hall. 14. Motor vehicle sales when conducted entirely within a building (outdoor sales and/or storage subject to conditional use). 15. Small engine appliance or repair conducted entirely within a building. 16. Research testing laboratories conducted within a building. 17. Garden store when conducted within a building (outdoor sales subject to condi- tional use). 18. Bicycle, boat, motorcycle, snowmobile sales and service (outdoor display or storage subject to conditional use). 19. Printing business. 20. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 21. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within any GB district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Motor fuel sales. 2. Subject to section 11.10, subdivision 29, outdoor storage and then only conducted by an occupant of the principal building. 3. Motor vehicle repair or service facilities. 4. Outdoor research or testing facilities. 5. Reserved. Supp. No. 3 CD11:59 § 11.20 EAGAN CODE 6. Reserved. 7. Retail sales of liquor, 3.2 beer or wine as part of any facility. 8. Restaurant facilities or food sales. 9. Animal kennels. 10. Truckstops. 11. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 12. Subject to section 11.10, subdivision 29, seasonal outdoor sales. D. Accessory uses. Within any GB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Accessory uses as permitted in any other business district. 2. Subject to section 11.10, subdivision 29, temporary outdoor event. Subd. 12. CSC community shopping center district. A. Description. Community shopping center districts are areas located in the center of several residential neighborhoods to serve the weekly needs of adjoining residents and a population from 10,000 to 40,000 persons. B. Permitted uses. Within any CSC district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Retail shopping center developed under the following conditions: (a) An overall plan shall be submitted and approved by the city including architecture, parking, driveways, landscaping and screening before construc- tion is commenced. (b) Initial construction shall include a minimum of 20,000 square feet of floor area to insure that the center will function as described in subparagraph A above. 2. Retail shopping center uses shall be limited to the following uses unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies; bakeries; barbershops; beauty parlor; bicycles; carpets and rugs; catering estab- lishments; china and glassware; clothes pressing; wearing apparel; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances; florists; food; furniture; furrier shops; garden supplies; gifts; hardware; hats; hobby shops; interior decorating; jewelry; watch repair; laundry and dry cleaning pickup; laundromat; leather goods and luggage; locksmith shops; musical instruments; office supplies; paint and wallpaper; phonograph records; photography studios; shoes; sporting goods; tailoring; theater, except open air drive-ins; tobacco; toys; variety stores; grocery stores; off -sale liquor; sports and health clubs; private clubs and lodges; and any use permitted under subdivision 13, subparagraph B, item 2 for the principal shopping center building only. Supp. No. 3 CD11:60 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. 4. Restaurants, class I only. 5. Offices of a general nature when the operations do not include retail sales or warehousing from the site. 6. Banks and savings and loan office. 7. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 8. Pawnshops. 9. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within any CSC district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Subject to section 11.10, subdivision 29, outdoor storage, and then only conducted by an occupant of the shopping center. 2. On -sale liquor, 3.2 beer or wine. 3. Restaurants, class II. 4. Multiple -dwelling complexes. 5. Transit station. 6. Carwash. 7. Automobile service stations under the following conditions: (a) The size, location, design and number of stations shall be approved by the city as a part of the approval of the overall design of the shopping center. (b) The opening of any service station shall follow and not precede the construction and occupancy of a minimum 20,000 square feet of retail shopping center floor space. (c) Direct access shall orient toward the interior of the shopping center and not directly from peripheral streets. (d) Rental of trailers and similar vehicles where adequate parking space is provided and as specifically approved with the granting of a conditional use permit. 8. Banks and savings and loan offices with drive -up tellers. 9. Bowling alley, skating, archery or similar commercial recreation when conducted entirely within a building. Supp. No. 3 CD11:61 § 11.20 EAGAN CODE 10. Outside storage and sales of garden supplies. 11. Motel or hotel. 12. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 13. Subject to section 11.10, subdivision 29, seasonal outdoor sales. D. Permitted accessory uses. Within any CSC district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Accessory uses permitted in any other business district. 2. Essential public service facilities such as public telephone booths. 3. Subject to section 11.10, subdivision 29, temporary outdoor event. Subd. 13. RSC regional shopping center district. A. Description. Regional shopping center district is an area designed to serve the monthly shopping needs of a population up to about 200,000 persons or a geographical area which extends beyond the corporate limits of the city. B. Permitted uses. Within any RSC district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Retail shopping center district developed under the following conditions: (a) Development shall only be under a planned development as provided by city ordinance. (b) An overall plan shall be submitted and approved including architecture, parking, driveways, landscaping and screening. This shall include a prelim- inary plat of all lots, including those for peripheral developments. (c) Initial construction of the shopping center shall include a minimum of 100,000 square feet of floor area to insure that the center will function as described in subparagraph A above. 2. Retail shopping center uses shall be limited to the following unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: antiques; art and school supplies; banks; auto accessories; bakeries; barbershops; coin shops; beauty parlors; bicycles; books and stationery; ice cream stores; candy; hobby shops; cameras and photo supplies; carpets and rugs; florist; catering establishments; china and glassware; garden store; gift shops; finance and savings and loan; clothes pressing; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; hardware; locksmiths; electrical and household appliances; interior decorating; jewelry; watch repair; shoe repair; paint and wallpaper; printing shops; phonograph records; photography studios; shoes; leather goods; sporting goods; tailoring; theater, except open air drive-in; small vehicle or boat sales; tobacco; toys; variety stores; wearing apparel; grocery Supp. No. 3 CD11:62 • • • • • LAND USE REGULATIONS (ZONING) § 11.20 store; off -sale liquor store; professional offices; medical and dental clinics; government services; amusement rooms; health and sports clubs; pet shops; schools; ticket agencies; travel bureaus. 3. Restaurants, class I; class II when access thereto is from the interior of the major shopping center building. 4. Peripheral commercial uses, not a part of the shopping center building shall be permitted as follows (a) (b) (c) (d) (e) Any use permitted under item 2 of this subparagraph B, except those that are only permitted by conditional use permit. Garden store when outside storage is completely screened from view. Laboratories, medical, dental or research. Motel or hotel. Mass transit terminal or pickup station. 5. Multiple -dwelling complexes approved as a part of the planned development and subject to the requirements of the R-4 district. 6. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 7. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within any RSC district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Subject to section 11.10, subdivision 29, outdoor storage and then only conducted by an occupant of the principal building. 2. Automobile agencies, boat or marine sales as a peripheral commercial use. 3. Motor fuel sales, service station, auto storage or repair facilities, carwash and automobile accessories sales or service as a peripheral use 4. Fast food or restaurant when carryout facilities or drive-in restaurant when developed separate from major shopping center building. 5. Bowling alley or similar commercial recreational facility when developed sepa- rate from major shopping center building. 6. Heliport. 7. On -sale liquor, 3.2 beer or wine. 8. Lumberyards, home repair or remodeling shops. 9. Multiple dwellings when integrated into a multi -use structure and approved as a part of the planned development. Supp. No. 3 CD11:63 § 11.20 EAGAN CODE 10. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 11. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Permitted accessory uses. Within any RSC district, accessory uses permitted in any other commercial district shall be permitted. Subd. 14. RB roadside business district. A. Description. Roadside business districts are areas with good access located and developed primarily to serve the transient population attracted by Interstate 35E, the Minnesota Zoological Garden or similar facilities. B. Permitted uses. Within any RB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Motel or hotel. 2. Restaurant, class I only of a minimum of 4,000 square feet. 3. Service station under the following conditions: (a) The service station shall follow and not precede development of either a motel or restaurant. (b) The design, location, public street access, architecture, landscaping and development shall be compatible with the motel and/or restaurant as approved by the council. 4. On -sale liquor, 3.2 beer or wine with a motel, hotel or restaurant. 5. Mass transit terminal or pickup station. 6. Commercial recreational facilities such as bowling alleys, tennis clubs, skating facilities and theaters, when conducted entirely within a building. 7. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within any RB district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit and only after a motel or restaurant has been constructed in the same general area: 1. Carwash of compatible architectural design. 2. Restaurant, class II. 3. Truckstops. 4. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. Supp. No. 3 CD11:64 • • • • LAND USE REGULATIONS (ZONING) § 11.20 5. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Permitted accessory uses. Within any RB district, accessory uses shall be permitted as permitted in any other commercial district. Subd. 15. Area standards and requirements. A. The following area standards and requirements for commercial districts shall be met, and no improvements shall be placed on such lands unless the lands to be so used or improved shall meet the following minimum area and dimensional requirements, unless otherwise approved under a planned development: Minimum Building Setbacks: Along major, minor, ar- terial, state or inter- state hwy. Along public streets Side lot line Rear lot line Adjacent to residential or agricultural district Minimum Parking Setbacks: Along public street Side or rear lot line Adjacent to residential or agricultural district Maximum Building Cover- age: Coverage of lot Maximum Building Height: Maximum height LB NB GB CSC RSC RB See section 11.10, subdivision 6-C for all commercial districts 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. 30 ft. 30 ft. 20 ft. 20 ft. 5 ft. 5ft. 20 ft. 20 ft. 50 ft. 50 ft. 20 ft. 20 ft. 5ft. 5ft. 20 ft. 20 ft. 30 ft. 10 ft. 50 ft. 50 ft. 20 ft. 20 ft. 5 ft. 5ft. 20 ft. 20 ft. 20% 20% 35% 30% 30% 30% 30 ft. 20 ft. 35 ft. 35 ft. 35 ft. Minimum Retail Floor Area: Minimum area (initial 20,000 100,000 bldg.) sq. ft. sq. ft. B. Additional area standards and requirements for commercial districts. The following requirements are in addition to those in subparagraph A above. Where there may be a conflict, those requirements under this subparagraph shall prevail: 1. Front setbacks —Prevailing. Where adjoining structures existing on the effective date of this chapter have a different setback from that required, the front setback of a new structure shall conform to the prevailing setback in the immediate vicinity. The chief building official shall determine the necessary front yard setback in such cases. 2. Side and rear setbacks —Party walls. Buildings may be excluded from side and rear setback requirements if party walls are used and if the adjacent buildings are constructed as an integral structure. This shall not permit structures closer to residential districts, however, than required under subparagraph A above. Supp. No. 3 CD11:65 § 11.20 EAGAN CODE 3. Height. Buildings or structures in excess of the maximum height limitations imposed by subparagraph A above may be allowed as conditional uses as defined in section 11.03, subject to the following conditions: (a) The height of buildings or structures in commercial and industrial districts shall be as approved by the city except as regulated in air traffic corridors. (b) The front setbacks shall not be less than three -fourths of the height of the building or structure. The rear and side setbacks shall not be less than one-half of the height of the building. (c) The maximum required green area for the buildings or structures over three stories shall be 60 feet on the front and 25 feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts by five feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure, and number of guest parking spaces shall be determined by the council. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the designated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single-family residential district as measured from the nearest point of such building or structure to the nearest point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structures top floor elevation in relation to single-family residential dwellings in the area. Subd. 16. Limited industrial (I-1) district. A. Purpose. The purpose of the I-1 limited industrial district is to provide for the establishment of a variety of warehousing, manufacturing and light industrial uses, including large volume truck oriented uses. The regulations in this subdivision set forth the development requirements that are to minimize any potential detrimental effects of a particular industrial use and ensure compatibility with adjacent land uses. Supp. No. 3 CD 11:66 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 B. Permitted uses. Within any limited industrial (I-1) district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 2. Animal hospital or clinic (with no outside kennel). 3. Armories or convention hall. 4. Assembly, processing, fabrication, packaging or manufacturing of a wide variety of products that produce no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. 5. Athletic complexes. 6. Automobile major repair when conducted completely in an enclosed building. 7. Churches. 8. Ice, cold storage plants, bottling works. 9. Machine and welding shops. 10. Mini -warehouse storage facilities. 11. Offices. 12. Radio, television and movie productions studios. 13. Research laboratories. 14. Restaurants, class 1 only. 15. Tennis club, skating, theater, bowling alley or similar indoor commercial recre- ation. 16. Trade school. 17. Warehousing and wholesaling and related sales or showrooms. 18. Adult establishments, subject to the regulations thereof in Chapter 6 of this Code. No adult establishment may be located within 1,000 feet of another adult establishment residential use, day care provider, on- or off -sale liquor establish- ments, park or public facility. No two adult establishments shall be located in the same building. 19. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within the limited industrial (I-1) district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Amusement devices exceeding three machines at one licensed location or to be located within 500 feet of any other licensed location. Supp. No. 3 CD11:67 § 11.20 EAGAN CODE 2. Car or truck wash when conducted as a principal use. 3. Contractors' yards. 4. Dog kennels with outside pens and subject to Chapter 6 of the City Code. 5. Freestanding tower or wind energy conversion system, subject to the regulations thereof in this Code. 6. Fuel storage tank(s) located above ground, subject to the outdoor storage regulations in this chapter. 7. Manufacture, storage or utilization of explosives. 8. Motor fuel sales serving industrial or trucking uses. 9. Off -site off-street parking and off -site outdoor storage, subject to the regulations thereof in this chapter. 10. On -sale wine and 3.2 beer. 11. Outdoor storage conducted by an occupant of the principal building, subject to the outdoor regulations in this chapter. 12. Sales, leasing, or service for trucks or passenger cars when conducted as a principal use. 13. Sales yards for building materials, conducted by an occupant of the principal building, subject to the outdoor storage regulations in this chapter. 14. Truck and freight terminals. 15. Truckstops. D. Permitted accessory uses. Within any limited industrial (I-1) district, the following uses shall be permitted when conducted as accessory to the principal use on the property. 1. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. 2. Car or truck was consisting of a single wash bay, when serving only the principal use. 3. Sales, leasing, or service of trucks or passenger cars when serving only the principal use. 4. Temporary outdoor event, subject to the regulations thereof in this chapter. Subd. 17. General industrial (I-2) district. A. Purpose. The purpose of the limited industrial (I-2) general industrial district is to provide for the establishment of heavier industrial uses that, because of the nature of the product or character of operation, require separation from or special protections for non -industrial uses. Supp. No. 3 CD11:68 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 B. Permitted uses. Within any limited industrial (I-2) district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Any use permitted as a conditional use in the limited industrial (I-1) district, except: (a) Manufacture, storage or utilization of explosives; (b) Off -site off-street parking and off -site outdoor storage subject to the regu- lations thereof in this chapter. 2. Any use permitted in the limited industrial (I-1) district. 3. Crude oil, gasoline or other liquid storage tanks. 4. Manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: Brewing, cement, concrete, stone cutting, brick, glass, batteries (wet cell), ceramic products, mill working, metal polishing and plating, paint (pigment manufacturing), vinegar works, rubber products, plastics, meat packing, flour, feed or grain milling, coal or tar asphalt distillation, rendering works, distillation of bones, sawmill, lime, gypsum, plaster of Paris, glue, size, cloth, and similar uses. 5. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within the limited industrial (I-2) district, no structure or land shall be used for the following uses or uses deemed similar by the council except by conditional use permit: 1. Acid manufacture. 2. Auto wrecking, junkyard, used auto parts (open storage) and similar uses. 3. Commercial stockyard, auction sales or slaughtering of animals. 4. Creosote plant. 5. Incineration or reduction of waste material other than customarily incidental to a principal use. 6. Kilns, or other heat processes fired by means other than electricity. 7. Manufacture or storage of poison, fertilizer, fuel briquettes. 8. Manufacture, storage or utilization of explosives. 9. Off -site off-street parking and off -site outdoor storage subject to the regulations thereof in this chapter. 10. Refining of crude oil. 11. Refuse or garbage disposal. Supp. No. 3 CD11:69 § 11.20 EAGAN CODE C. Permitted accessory uses. Within any limited industrial (I-2) district, the following uses shall be permitted when conducted as accessory to the principle use on the property: 1. All uses permitted as accessory uses in the limited industrial (I-1) district except temporary outdoor events. Subd. 18. R-D research and development district. A. Purpose. The purpose of the research and development (R-D) district is provide for professional research and development and limited industrial structures and opera- tions. The development standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design so as to be compatible with and protect the full use, benefit, and enjoyment of surrounding residential property. It is not the purpose of this subdivision to permit ordinary and usual types of industrial structures and operations which more appropriately qualify only under the foregoing industrial classifications. B. Permitted uses. Within research and development (R-D) districts, no structure or land shall be used or excepted for one or more of the following uses or uses deemed similar by the council. 1. Agriculture. 2. Any combination of research and development (R-D) laboratories and general offices. 3. General offices. 4. Light manufacturing and processing of a type producing negligible smoke, dust, odor, fumes or noise when conducted in conjunction with research and develop- ment (R-D) laboratories or general offices and compatible with subparagraph A above. 5. Research and development laboratories. 6. Adult establishments, subject to the regulations thereof in Chapter 6 of this Code. No adult establishment may be located within 1,000 feet of another adult establishment residential use, day care provider, on- or off -sale liquor establish- ments, park or public facility. No two adult establishments shall be located in the same building. 7. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Reserved. D. Permitted accessory uses. Within research and development (R-D) districts, the following uses shall be permitted when conducted as an accessory to the principal use on the property: 1. Guesthouses owned and maintained in conjunction with permitted uses. Supp. No. 3 CD11:70 • • • s • • LAND USE REGULATIONS (ZONING) § 11.20 2. Recreational areas and similar uses for the primary benefit of employees. 3. Temporary outdoor event subject to the regulations thereof in this chapter. Subd. 19. BP business park district. A. Description. The business park (BP) district is intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to nonindustrial development. More intensive industrial uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design to create an attractive and unified development character. B. Permitted uses. Within any business park (BP) district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Financial institutions and banks (without drive -through). 2. Office and office buildings. 3. Office/warehouses and office/showrooms. 4. Processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meet and maintain all applicable standards established by the state. 5. Public utility uses. 6. Research laboratories, when wholly contained within a building and which meet and maintain all applicable standards established by the state. 7. Technical, vocational and business schools. 8. Adult establishments, subject to the regulations thereof in Chapter 6 of this Code. No adult establishment may be located within 1,000 feet of another adult establishment residential use, day care provider, on- or off -sale liquor establish- ments, park or public facility. No two adult establishments shall be located in the same building. 9. Public utility tower mounted antennae, subject to the regulations thereof in this Code. C. Conditional uses. Within the business park (BP) district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Day care facilities. 2. Elementary and middle schools. 3. Financial institutions and banks with drive -through facilities. 4. Health care facilities. 5. Health and fitness clubs. Supp. No. 3 CD11:71 § 11.20 EAGAN CODE 6. Hotels and motels. 7. Off-street parking and loading as regulated in section 11.10, subdivision 12.1, herein. 8. Restaurants (class I). D. Permitted accessory uses. Within the BP district, the following uses shall be permitted when incidental to and clearly subordinate to the permitted principal use: 1. Coffeeshops and cafeterias located within the principal structure. 2. Garage or similar structure to store vehicles and equipment. 3. Parking and loading as regulated herein. 4. Retail sales of products manufactured, warehoused or distributed on the premises where the retail floor area does not exceed 15 percent of the gross floor area or 3,000 square feet, whichever is less, of the building in which the sales area is located. Subd. 20. Minimum area requirements. The following table sets forth the minimum area and size requirements for property development in the RD, BP, I-1, and I-2 districts. RD Research & Develop- BP Business I-1 Limited I-2 General ment Park Industrial Industrial Lot area (acres) 401 1.5 acres ii, 1 Lot width (feet) 300 100 100 200 Building setback from public 40 40 40 40 street (see also section 11.20, subd. 6C) (feet) Building setback - side (feet) 20 20 20 20 Building setback - rear (feet) 20 20 20 20 Parking setback from public 20 20 20 20 street and property guided2 P, parks, and PF, public facilities (feet) Parking setback - side (feet) 5 5 5 5 Parking setback - rear (feet) 5 5 5 5 Building, parking and outdoor 50 50 100 100 storage3 setback adjacent to properties guided2 for residen- tial use when properties di- rectly abut each other (feet) Supp. No. 3 CD11:72 • • • • • • LAND USE REGULATIONS (ZONING) Building and outdoor storage3 setback adjacent to properties guided2 for residential or pub- lic use when properties are sep- arated by a street, or when directly abutting property guid- ed2 P, park, and PF, public fa- cilities (feet) Building height (feet) Building coverage (percent of total lot area) RD Research & Develop- BP Business ment Park § 11.20 I-1 Limited I-2 General Industrial Industrial 50 50 50 50 45 454 20 40 Note: Additional lot requirements are outlined in Subd. 21. 40 40 35 35 1For R-D district, the minimum required 40-acre lot shall only pertain to the initial planning and rezoning and shall not preclude the subsequent subdivision of an area into small lots for development in accordance with plans for the overall area initially rezoned. 2Land use guide designation per city's comprehensive guide plan. 3In the BP and RD districts, outside storage shall not be allowed. Long-term outdoor parking or storage of commercial tractors and trailers is also prohibited. 4In BP districts, building heights up to 80 feet may be permitted subject to air traffic corridor regulations and a one -foot increase in setback for each additional foot of building height over the maximum allowed per subdivision 20, up to a maximum setback of 60 feet on the front and 40 feet on the side and rear yards. Subd. 21. Additional standards and requirements. The following requirements are in addition to those in subdivisions 16, 17, 18, 19 and 20 of this section for industrial districts (I-1, I-2, RD and BP). Where there is a conflict, the requirements under this subdivision shall prevail. A. Height. Buildings or structures in excess of the maximum height limitations imposed by subdivision 20 of this section may be allowed subject to the following standards: 1. Buildings in air traffic corridors, as defined in the comprehensive guide plan, shall be subject to additional height restrictions per air traffic corridor regula- tions. 2. The maximum required setback for buildings structures over three stories shall be 60 feet on the front and 30 feet on the side and rear yards. The setbacks shall be increased from the standard setback requirements by five feet per story on the front, side and rear yards until the maximum required setback has been obtained. CD11:73 Supp. No. 3 § 11.20 EAGAN CODE 3. A building or structure in excess of the permitted maximum height, per subdivi- sion 20, shall not be allowed if it is located less than 300 feet from a single-family residential district as measured from the nearest point of such building or structure to the nearest point of the residential district. B. Screening and landscaping requirements. Screening and landscaping of development shall be provided in accordance with the requirements of section 11.10, subdivision 15, with the following additional requirements: 1. Whenever an I-1, I-2, RD or BP district is across the street from property guided for residential or public facilities land uses, or directly abutting property guided PF (Public Facilities) a buffer yard/setback with a minimum depth of 50 feet shall be maintained adjacent to the street, to provide screening of all loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combination thereof, to provide a minimum height of 6 feet and a minimum 75 percent opacity at the time of installation. 2. Whenever an I-1 or I-2 district is directly abutting property guided for residential land uses, a bufferyard/setback with a minimum depth of 100 feet shall be maintained, to provide screening of all parking, loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combination thereof to provide a minimum height of 6 feet and a minimum 75 percent opacity at the time of installation. 3. Whenever an RD or BP district is directly abutting property guided for residential land uses, a bufferyard/setback with a minimum depth of 50 feet shall be maintained to provide screening of all loading and outside storage areas. Screening may consist of landscaping, berms, fencing and walls, or any combina- tion thereof to provide a minimum height of 6 feet and a minimum 75 percent opacity at the time of installation. 4. In the RD and BP districts, a minimum three-foot high solid screen, consisting of plantings, berms, and/or decorative walls shall be provided within the required setback where off-street parking areas abut a public right-of-way or property with a different zoning or land use designation. 5. In the RD and BP districts, ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets. C. Signage provisions. Signage shall be provided in accordance with the requirements of Chapter 4 with the following additional requirements: 1. Building facade signage on multi -tenant buildings shall be evenly distributed between all tenants. 2. In multi -lot developments, the design and placement of monument and direc- tional signs shall be coordinated through an overall signage plan. 3. In the RD and BP districts, no pylon or roof signs shall be allowed. 4. In the RD and BP districts, building facade signage shall be limited to ten percent of the facade area. Supp. No. 3 CD11:74 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 D. Building exterior treatment. In business park (BP) districts exclusively, building exterior treatments shall comply with the following requirements: 1. Building materials. Major exterior surfaces of all primary structures shall be constructed of face brick, stone, glass, stucco, synthetic stucco, architectural concrete, cast in place or precast panels, or decorative block. Up to 15 percent of any wall surface may be constructed of wood, vinyl, or metal, as accent materials, provided they are appropriately integrated into the overall building design. No exterior surfaces shall be constructed of sheet aluminum, asbestos, iron, steel, plain concrete block or corrugated aluminum. Roofs, except flat roofs, shall be constructed of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. 2. Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size (scale), and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25 percent of the canopy area. Internally illuminated canopies must be compatible with the overall color scheme of the building. The area of illumination shall be considered signage. Subd. 22. Floodplain districts. Floodplain districts may be established under normal procedures for zoning property established by this chapter. Floodplain district zoning shall pertain to those areas of the city subject to periodic flooding. Floodplain districts shall be a zoning in addition to the base zoning district. Where a conflict may arise between the requirements of the base zone or the overlying floodplain zoning, the requirements or regulations related to floodplain zoning shall prevail. Floodplain district regulations shall be established by a separate section of this chapter. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 5-25-75; eff. Ord. of 5-28-76; eff. Ord. of 9-24-76; eff. Ord. of 7-21-78; eff. Ord. of 3-23-79; eff. Ord. of 4-23-79; eff. Ord. of 8-8-80; eff. Ord. of 10-2-81; eff. Ord. of 4-27-82; eff. Ord. of 8-10-82; Code 1983, § 11.20, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 36, 2nd series, eff. 4-11-86; Ord. No. 55, 2nd series, eff. 6-10-88; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 76, 2nd series, eff. 2-7-89; Ord. No. 120, 2nd series, eff. 5-17-91; Ord. No. 131, 2nd series, eff. 11-19-91; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 177, 2nd series, eff. 1-26-94; Ord. No. 191, 2nd series, eff. 1-5-95; Ord. No. 206, 2nd series, eff. 10-12-95; Ord. No. 208, 2nd series, eff. 12-7-95; Ord. No. 215, 2nd series, eff. 3-28-96; Ord. No. 220, 2nd series, eff. 5-16-96; Ord. No. 225, 2nd series, eff. 10-15-96; Ord. No. 237, 2nd series, eff. 7-1-97; Ord. No. 243, 2nd series, eff. 8-19-97; Ord. No. 245, 2nd series, eff. 11-13-97; Ord. No. 250, 2nd series, eff. 12-25-97; Ord. No. 257, 2nd series, eff. 4-16-98) Sec. 11.21. Shoreland zoning. Subd. 1. Purpose and intent. The unregulated use of shorelands within the city contributes to the pollution of public waters and impairment of the local tax base, thereby threatening the public health, safety and general welfare. Therefore, it is in the best interests of public health, safety and welfare to regulate the use and development of shorelands of public waters to Supp. No. 3 CD11:75 § 11.21 EAGAN CODE preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for effective and efficient use of waters and related land resources. Subd. 2. Scope. The provisions of this section shall apply to conduct, including, but not limited to, the use of any shoreland of public waters; the size and shape of shoreland lots; the use, size, type and location of structures on shoreland lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land which has shoreland area. Subd. 3. Enforcement. The city shall be responsible for the administration and enforcement of this section. It is unlawful for any person to violate the provisions of this section, including violation of conditions or restrictions of building permits, shoreland alteration permits, variances or conditional use permits. Subd. 4. Abrogation and greater restrictions. This section shall not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, except to the extent the provisions of this section are more restrictive. Subd. 5. Definitions. For purposes of this section only, the following terms shall have the meaning stated: 1. Bluff means a topographic feature, such as a hill, cliff, or embankment, having all of the following characteristics. An area with an average slope of less than 18 percent over a horizontal distance for 50 feet or more shall not be considered part of the bluff. A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25 feet above the ordinary high water level of the water body; C. 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 D. The slope must drain toward the water body. 2. Bluff impact zone means a bluff and the land located within 20 feet from the top of a bluff. 3. Building line means a line parallel to a lot line or the ordinary high water level at the minimum required setback beyond which a structure may not extend. 4. Clearcutting means the removal of an entire stand of trees. 5. Commercial planned development means a planned development of various commer- cial uses. 6. Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services. 7. DNR means the commissioner of the department of natural resources. Supp. No. 3 CD11:76 • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 8. 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 dwelling site and at any point extending more than three feet aboveground. 9. Duplex means a dwelling structure on a single lot, having two dwelling units, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 10. 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. 11. Dwelling unit means any structure or portion of a structure, or other shelter designed as shortterm or longterm living quarters for one or more persons. 12. Extractive use means the use of land for the removal of surface or subsurface sand, gravel, rock, industrial minerals, a nonmetallic mineral, or peat not regulated by Minn. Stat. §§ 93.44-93.51 and amendments thereto. 13. Forest land conversion means the clearcutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. 14. 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. 15. Intensive vegetation clearing means the complete removal of trees, grasses or shrubs in a contiguous patch, strip, row, or block. 16. Ordinary high water level (OHWL) means 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 of the top of the bank of the channel. 17. Planned development means a 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, whereby these units or sites provide areas of common space, density, increase mix of structure types and land uses. Planned developments may include, but are not limited to, condominiums, timeshare condominiums, cooperatives, full fee ownership, commer- cial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses or apartment buildings, and accessory land uses to the principal uses. 18. Public waters has the meaning given it in Minnesota Water Law (Minn. Stat. § 103G.005, subd. 15). 19. 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. 20. Riparian lot means a lot which borders on a lake, river or stream. 21. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Supp. No. 3 CD11:77 § 11.21 EAGAN CODE 22. Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection. 23. Setback means the minimum horizontal distance between a structure, sewage treat- ment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 24. Sewage treatment system means a septic tank and soil absorption system or other individual or cluster -type sewage treatment system as described and regulated in subdivision 9 of this section. 25. Sewer system means the pipelines or conduits, pumping stations, and force main and all other constructions, devices, appliances, facilities or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 26. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 27. Shoreland, shoreland area, shoreland district and shoreland overlay district mean land located within the following distances from public waters: 1,000 feet from the ordinary high water level of any lake, pond, or flowage; and 300 feet from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. 28. Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is an unplatted cemetery within the provisions of Minn. Stat. § 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 Society. All unplatted cemeteries are automatically considered to be signif- icant historic sites. 29. Steep slopes 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 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 this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 30. Structure means any building or appurtenance, except aerial or underground utility pipes or lines, including, but not limited to, decks, sewer, electric, telephone, telegraph, gas, towers, poles and other supporting facilities. 31. Subdivision is as defined in City Code chapter 13. Supp. No. 3 CD11:78 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 32. Surface -water -oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. 33. Toe of the bluff means the lower point of a 50-foot segment with an average slope exceeding 18 percent. 34. Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding 18 percent. 35. Undue hardship means the property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if a reasonable use for the property exists under terms of the official controls. 36. Variance has the meaning given it in this chapter. 37. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971). Subd. 6. Administration. A. Permits required. The provisions of chapter 4 of the City Code regarding the issuance of building permits shall apply to this section. 1. No buildings, building additions, including fences higher than six feet, decks, signs or sewage treatment systems shall be constructed, installed or altered, and no grading or filling activities not exempted by subdivision 12(I) of this section shall be permitted without first obtaining a permit from the city. Application for a permit shall be filed with the city clerk on the form provided by the city. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a conforming sewage treatment system will be provided should any building permits or conditional use permits be issued. 2. Any permit issued hereunder shall state that an identified, existing sewage treatment system, as defined by subdivision 9, shall be reconstructed or replaced in accordance with the provisions of this section. 3. The general provisions of this section shall be complied with before the issuance of the permit. B. Zoning compliance. Zoning compliance by the city shall be required for each activity requiring a permit as specified in subparagraph A, above. This will specify that the use of land conforms to the requirements of this ordinance. Any use, activity, or construc- tion not authorized by permit shall be unlawful. Supp. No. 3 CD11:79 § 11.21 EAGAN CODE C. Variances. 1. No variance may be granted except in accordance with Minn. Stat. ch. 462 and the provisions of this chapter. A variance shall not circumvent the general purposes and intent of this section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance with this chapter, and to protect adjacent properties and the public interest. In considering a variance request, the city council will also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or yearround, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of devel- opment on adjacent properties. 2. The city shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with the zoning provisions governing variances. When a variance is approved after the depart- ment of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required therein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require reconstruction of a nonconform- ing sewage treatment system. D. Notifications to the department of natural resources. 1. Copies of all notices of any public hearings to consider variances, amendments, planned development or conditional uses under shoreland management controls shall be sent to the DNR or the DNR's designated representative and postmarked at least ten days prior to the hearing. Notices of hearings to consider proposed preliminary plats shall include copies thereof. 2. A copy of approved amendments and subdivisions/plats, and final decisions granting variances, planned developments, or conditional uses under shoreland management controls must be sent to the DNR or the DNR's designated representative and postmarked within ten days of final action. Subd. 7. Shoreland classification. A. Shoreland classification system. The public waters of the city have been classified in this subdivision consistent with criteria found in Minnesota Rules, part 6120.3300, and Supp. No. 3 CD11:80 • • • LAND USE REGULATIONS (ZONING) § 11.21 the Protected Waters Inventory Map for Dakota County, Minnesota and the shoreland area for the water bodies listed below shall be as defined in this section and as shown on the official zoning map of the city: 1. Lakes: Land DNR Section ID# (T27N-R23W) Natural Environment Lakes (NE) 1. Holland 19-65 26, 35 2. Gerhardt 19-69 33SW 3. Jensen 19-71 34 4. O'Brien 19-72 35SW 5. Unnamed 19-73 35 6. Unnamed 19-74 35SE 7. Schultz 19-75 35 8. Gun Club 19-78 4, 5 Recreation Development Lakes (RD) 1. Blackhawk 19-59 16, 17, 21 2. McCarthy 19-60 22 3. Unnamed 19-63 25, 26 4. McDonough 19-76 35, 36 General Development Lakes (GD) 1. Unnamed 19-54 1 2. Lemay's 19-55 10 3. O'Leary 19-56 15 4. Fish 19-57 15, 16 5. Bald 19-61 23NE 6. Unnamed 19-62 25 7. Unnamed 19-64 36 8. Quigley 19-66 27 9. Thomas 19-67 27, 28 10. Unnamed (Pitt Lake) 19-68 29SW 11. Unnamed 19-70 33 12. Unnamed 19-77 36 3. Urban rivers: River Supp. No. 3 CD11:81 § 11.21 EAGAN CODE Minnesota River 4. Tributaries: (a) Kennellys Creek Section 18 (b) Harnack Creek Section 18 B. Land use and shoreland zoning regulations. 1. The shoreland of the water bodies classified in this subdivision shall be an overlay districts which shall be applied and superimposed upon all existing land use zoning districts, or as amended by the city, which lie within the shoreland. The regulations and requirements of this section shall be in addition to those established for the land use zoning district which jointly apply, provided the more restrictive regulation for use, setback, height, site coverage, density and any other applicable regulation shall apply. 2. District boundaries for the shoreland overlay districts shall be as shown on the official zoning map of the city. 3. Land use zoning districts in the shoreland area shall be in conformance with the criteria specified in Minnesota Rules, part 6120.3200, subpart 3. 4. Conditional use permits shall be processed by the city as provided by the provisions of this chapter. 5. Nonconforming uses. Any approved use within a shoreland district in existence prior to the effective date of this section as amended which was permitted by the previous ordinance requirements but which does not meet the requirements of this section, as amended, shall be declared to be a nonconforming use. Noncon- forming uses, including substandard sanitary facilities, shall be allowed to continue. However, any structural alteration or addition to a nonconforming use which will increase the present use's dimensions shall not be permitted. Any improvement shall require any substandard sanitary facilities to be upgraded in accordance with the provisions of this section. Subd. 8. Dimensional requirements. The following minimum requirements shall apply to all shorelands of the public waters within the city, except where any requirement of the land use zoning district, as shown on the official zoning map, is more restrictive than the requirement set forth herein, the land use zoning district requirement shall apply. A. Unsewered areas. (1) Single detached dwelling uses which are not served by municipal sanitary sewer services within a shoreland overlay district shall comply with the following dimensional requirements: Supp. No. 3 CD11:82 • • LAND USE REGULATIONS (ZONING) § 11.21 Natural Recreational General Single Detached Environment Development Development Dwelling Uses Waters Waters Waters Lot area (s.f.) Riparian and 80,000 40,000 40,000 nonriparian Lot width (ft.)1 Riparian 200 100 150 Nonriparian 200 100 100 Structure and sewer sys- 150 100 75 tem setback from OHWL (ft.)2 Structure setback from Determined by the zoning district provisions of this chapter roads and highways Maximum structure Determined by the zoning district provisions of this chapter height Maximum impervious sur- 25 25 25 face coverage (%) 1Lot width must be met at both the building setback line and at the OHWL. 2Structure setbacks apply to principal and accessory structures. (2) Attached (multiple) dwelling uses and commercial and industrial uses shall be prohibited in areas not served by municipal sanitary sewer services. B. Sewered areas. (1) Single detached dwelling uses which are served by municipal sanitary sewer services within a shoreland overlay district shall comply with the following dimensional requirements: Natural Recreational General Single Detached Environment Development Development Dwelling Uses Waters Waters Waters Average lot area (s.f.) Riparian 40,000 20,000 15,000 Nonriparian 20,000 15,000 12,000 Minimum lot width (ft.)1 125 100 75 Structure setback from 100 75 50 OHWL (ft.)2 Structure setback from Determined by the zoning district provisions of this chapter roads and highways (ft.)2 Maximum structure Determined by the 35 35 height (ft.) zoning district pro- visions of this chap- ter Supp. No. 3 CD11:83 § 11.21 Single Detached Dwelling Uses Maximum impervious sur- face coverage (%)3 EAGAN CODE Natural Environment Waters 25 Recreational Development Waters General Development Waters 25 25 1Lot width must be met at both the building setback line and OHWL. 2Structure setbacks apply to principal and accessory structures. 3May be increased with conditional use permit; see provisions of Subd. 9.L. of this section. (2) Attached (multiple) dwelling uses, pursuant to a planned development, which are served by municipal sanitary sewer services shall comply with the dimensional requirements: Attached (Multiple) Dwell- ing Uses by Planned De- velopment Only Average lot area per unit Minimum lot width per development) Structure setback from OHWL (ft.)4 Structure setback from roads and highways (ft.)4 Maximum structure height (ft.) Maximum impervious sur- face coverage (%)3 Natural Environment Waters) Recreational Development Waters General Development Waters Determined by PD 200 200 75 50 Determined by the zoning district provi- sions of this chapter Four stories above ground; over 35 feet must meet provisions for CUP in Sec. 11.4, Subd. 4 of this chapter 25 25 'Lot width must be met at both the building setback line and OHWL. 2Attached (multiple) dwelling uses are prohibited within the shoreland of natural environment waters. 3May be increased with conditional use permit; see provisions of Subd. 9.L. of this section. 4Structure setbacks apply to principal and accessory structures. (3) Attached (multiple) dwelling uses not pursuant to a planned development shall be prohibited. (4) Commercial and industrial uses which are served by municipal sanitary sewer services shall comply with the dimensional requirements: Supp. No. 3 CD11:84 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 Natural Commercial and Indus- Environment trial Uses Waters2 Average lot area per unit Riparian Nonriparian Minimum lot width' (ft.) Structure setback from OHWL (ft.)4 Structure setback from roads and highways (ft.)4 Maximum structure height Maximum impervious sur- face coverage (%)3 Recreational Development Waters 40,000 40,000 75 75 General Development Waters 40,000 20,000 100 50 Determined by the zoning district provi- sions of this chapter Four stories above ground; over 35 feet must meet provisions for CUP in Sec. 11.4, Subd. 4 of this chapter 25 25 'Lot width must be met at both the building setback line and OHWL. 2Commercial and industrial uses are prohibited within the shoreland of natural environment waters. 3May be increased with conditional use permit; see provisions of Subd. 9.L. of this section. 4Structure setbacks apply to principal and accessory structures. (5) Commercial and industrial uses and attached (multiple) residential dwelling uses are prohibited within the shoreland of natural environment waters. C. Urban rivers and tributaries. No development shall be permitted along urban rivers and tributaries. D. Lot area and width requirements. The provisions of this subdivision with respect to the minimum lot area in square feet and minimum lot width requirements in lineal feet shall apply to residential lots created after the date of enactment of this section, as amended. Only land above the ordinary high water level of public waters can be used to meet lot area and lot width requirements. These minimum requirements shall be met at both the ordinary high water level and at the building line. Subd. 9. General provisions. A. Lots for controlled accesses. Lots used for controlled accesses to public waters or as recreation areas by owners of nonriparian lots within subdivisions shall meet or exceed the following standards: 1. Lots shall meet the minimum width and area requirements for residential lots and be suitable for the intended uses; Supp. No. 3 CD11:85 § 11.21 EAGAN CODE 2. In the event docking, mooring, or over -water storage of more than six watercraft is present on a controlled access lot, the width of the lot (keeping the same lot depth) shall be increased by 25 percent in lot frontage for each watercraft beyond six; 3. Lots shall be jointly or commonly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot in a manner acceptable to the city and the DNR; and 4. Land covenants or other equally effective legal instruments shall be executed and provide the following restrictions: (a) Lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They may also include other outdoor recre- ational activities that do not significantly conflict with general public use of the public water or the enjoyment or normal property rights of adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. (b) The total number of vehicles allowed to be parked on the lot. (c) The total number of watercraft allowed to be continuously moored, docked, or stored over water. (d) Centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. (e) All parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water. B. Placement and design of structures. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots of a proposed building site, structure setbacks required for a new proposed building or an addition to an existing building may be altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone. C. Floodplain regulations. 1. Structures shall be located in accordance with the floodplain regulations of the City Code. 2. Accessory structures, where allowed, may have the lowest floor placed lower than the elevation determined by the procedures in floodplain regulations if the structure is constructed of flood -resistant materials to the flood elevation, electrical and mechanical equipment is placed above the flood elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action, wind -driven waves and debris. Supp. No. 3 CD11:86 • • LAND USE REGULATIONS (ZONING) § 11.21 D. Accessory structures. Accessory structures in shoreland districts shall satisfy minimum structure setbacks required in this section and comply with the following: 1. The accessory structure shall not exceed ten feet in height, exclusive of safety rails; 2. The accessory structure shall not exceed 150 square feet in area. 3. Detached decks shall not exceed eight (8) feet above grade at any point; and 4. The accessory structure shall not be used for human habitation nor shall it contain water supply or sewage treatment facilities. E. Stairways, lifts, landings and docks. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: 1. The stairways and lifts shall not exceed four feet in width, except stairways used in public open space recreational properties and planned developments; 2. The stairway and lift landings on residential lots shall not exceed 32 square feet in area, except landings used in public open space recreational properties and planned developments; 3. Canopies or roofs shall not be permitted on stairways, lifts or landings; 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5. Stairways, lifts, and landings shall be located on a portion of the lot that most reduces these stairways, lifts and landings from the public water. 6. Structures for mobility impaired persons including ramps, lifts, or mobility paths are permitted for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) above are complied with in addition to the requirements of Minnesota Rules, part 1340; and 7. Docks shall not exceed five feet in width unless a shoreland building permit is obtained therefor. F. Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the historical value of the site unless adequate information about the site, as determined by the Minnesota Historical Society, has been removed and documented in a public repository. G. Steep slopes. The city shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent soil erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters. H. Height of structures. All structures in all shoreland districts shall not exceed 35 feet in height, unless a conditional use permit is obtained therefor in accordance with the Supp. No. 3 CD11:87 § 11.21 EAGAN CODE provisions of this chapter. Any application for a conditional use permit hereunder shall be subject to notice and comment by the DNR before the permit is issued by the city. I. Shoreland alterations. To prevent soil erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat, shoreland alterations are subject to the following conditions: 1. Vegetation alterations. (a) Any vegetation alteration necessary for the construction of structures, sewage treatment systems, roads and parking areas regulated by this section are exempt from the regulations in this provision. (b) Except for agricultural and forest management uses: (1) Clearcutting and intensive vegetation clearing within the shore impact zones and on steep slopes shall be prohibited. No intensive vegetation clearing for forest land conversion to another use outside of these areas shall be conducted without first obtaining a conditional use permit. No such permit shall be issued unless a soil erosion control and sedimen- tation plan is approved by the soil and water conservation district in which the property is located. (2) In shore impact zones and on steep slopes, limited clearing or cutting, pruning, and trimming of trees and shrubs may be conducted to provide a view from the principal dwelling site to the public water and to make installation or construction of stairways, lifts, picnic areas, access paths, beach and watercraft areas and water -oriented accessory structures possible, provided that: (aa) The screening for structures, vehicles, or other facilities as viewed from the water is not substantially reduced; (bb) Along rivers, existing shading of water surfaces is preserved; and (cc) In the shore impact zone, live trees larger than six inches in diameter shall not be cut, except to provide for water -oriented accessory structures or to provide a water -viewing corridor not to exceed 20 percent of the shoreline width of the lot. (3) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 2. Topographic alterations/grading and filling. (a) Grading, filling and excavations for the construction of structures, sewage treatment systems, and driveways under a validly issued building permit do not require the issuance of a separate grading and filling permit but shall be subject to the provisions of this subdivision. (b) Public roads and parking areas are regulated by this subdivision. Supp. No. 3 CD11:88 • • • • LAND USE REGULATIONS (ZONING) § 11.21 (c) Notwithstanding any provisions in this section to the contrary, a permit shall be required for: (1) The movement of more than ten cubic yards of material on steep slopes and within shore or bluff impact zones. (2) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. (d) The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Any filling that occurs in any type 3, 4, or 5 wetland over 2.5 acres in area shall require a permit from the DNR; (2) Alterations shall be conducted in a manner in order that the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulch or similar material shall be used for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as weather conditions allow; (4) Soil erosion control measures shall be used; (5) Altered areas shall be stabilized to acceptable erosion control stan- dards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conserva- tion Service; (6) No fill or excavated material shall be placed in a manner that creates an unstable slope or finished slopes of 30 percent or greater; (7) No fill or excavated material shall be placed on steep slopes without the city engineer's review for continued slope stability; (8) No fill or excavated material shall be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters shall be in accordance with the provisions of Minnesota Water Law (Minn. Stat. ch. 103G). (10) No alterations of topography shall be allowed, except if they are an accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; (11) No natural rock riprap shall be placed, including associated grading of the shoreline and placement of a filter blanket, unless the finished slope is not greater than 3:1 (may be increased by DNR permit), the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet; and (12) The provisions of City Code chapter 4 shall apply to excavations and fills under this section. Supp. No. 3 CD11:89 § 11.21 EAGAN CODE (e) Connection to public waters. No excavation shall be conducted where the intended purpose is connection to public water, including boat slips, canals, lagoons, and harbors, without first obtaining a permit from the DNR. J. Wetland protection regulations. 1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated by the city to determine how extensively the proposed activity would affect the following functional qualities of the wetland: (a) Sediment and pollutant trapping and retention; (b) Storage of surface runoff to prevent or reduce flood damage; (c) Fish and wildlife habitat; (d) Recreational use; (e) Shoreline or bank stabilization; and (f) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or other. 2. An evaluation shall also be made to determine whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The person(s) proposing the wetland alteration shall be responsible for this evaluation and compliance with these agency regulations and requirements. 3. Development, grading and filling shall comply with the provisions of the Minne- sota Water Law (Minn. Stat. chs. 103A-103G). 4. The city evaluation shall be utilized in setting forth any conditions or mitigation measures relating to wetland protection. K. Placement and design of roads, driveways, and parking area. 1. Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided to the city that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District, or other applicable technical materials. 2. Roads, driveways and parking areas shall meet minimum required setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, provided they are constructed in a manner to minimize adverse impacts as determined by the city. 3. Public and private watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subparagraph are met. For private facilities, the grading and filling provisions of this subdivision shall be met. Supp. No. 3 CD11:90 • • • • LAND USE REGULATIONS (ZONING) § 11.21 L. Stormwater management. All developments shall meet the following requirements: 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods must be used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation condi- tions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, including diver- sions, settling basins, skimming devices, dikes, waterways, and ponds, shall be utilized. Stormwater management measures using surface drainage, vegetation, and infiltration shall be used rather than buried pipes and manmade materials and facilities when practical and reasonably possible. Settling basins to intercept urban runoff shall, at a minimum, be sized to meet Nationwide Urban Runoff Program (NURP) criteria. 4. Impervious surface coverage of lots must not exceed 25 percent of the lot. This may be increased provided the city has approved and implemented a community - wide stormwater management plan affecting the subject site, granted a condi- tional use permit permitting an increase in impervious coverage, and required the necessary water quality mitigation features to meet non -degradation stan- dards for phosphorous for the nearest downstream recreational water body identified in the Eagan water quality management plan. 5. When constructed facilities are used for stormwater management, a document from a duly qualified individual shall be filed with the city. The document shall state that the constructed facilities are designed and installed consistent with the field office technical guide of the local soil and water conservation district. 6. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. M. Special provisions for public/semipublic, agricultural, forestry and extractive uses. 1. Any surface -water -oriented uses and public or semipublic uses when permitted by Code which have need for access to and use of public waters may be located on parcels or lots with public waters frontage. Uses with water -oriented needs located on parcels or lots with public waters frontage shall comply with the following standards: (a) Topographic and vegetative screening of parking areas and structures shall be constructed and maintained; (b) No advertising signs or supporting facilities for signs shall be placed in or upon public waters. The city may install and maintain signs conveying information or safety messages; Supp. No. 3 CD11:91 § 11.21 EAGAN CODE (c) No outside lighting shall be located within the shore impact zone or over public waters unless it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights; and (d) Commercial uses such as boat rides, on -board vendors or similar uses shall be prohibited. (e) Any uses that require shortterm watercraft mooring for patrons shall be centralized and constructed in a manner to avoid obstructions to navigation and the least size reasonably necessary to meet the need; except uses without water -oriented needs unless such uses are set back double the normal ordinary high water level setback or substantially screened from view from the water by vegetation or topography. 2. Agriculture use standards. (a) In all lake and river shoreland areas, general cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvest- ing are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or managed under an approved con- servation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts of the United States Soil Conservation Service (as provided by a qualified individ- ual or agency). The shore impact zone for parcels with permitted agricul- tural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. (b) Animal feedlot and grazing operation shall be prohibited. 3. Forest management standards. The harvesting of timber and associated refores- tation shall be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota. 4. Extractive use standards. (a) Site development and restoration plan. No extractive uses shall be conducted without first obtaining approval by the city. An extractive use site develop- ment and restoration plan shall be approved and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations and identify actions to be taken to mitigate adverse environmental impact, and erosion, and to rehabilitate the site after extractive activities end. (b) Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. Supp. No. 3 CD11:92 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 5. Mining of metallic minerals and peat standards. Mining of metallic minerals and peat may be a permitted use in accordance with the provisions of Minn. Stat. §§ 93.44-93.51. N. Conditional uses. The provisions of this chapter regarding conditional use permits shall apply to all conditional uses with shoreland area, in addition to the following: 1. Site evaluation required. Prior to the issuance of any permit hereunder, an evaluation of the water body and the topographic, vegetation, and soil conditions on the site shall be made to ensure: (a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction; (b) The least visibility of structures and other facilities as viewed from public waters; (c) The site is adequate for water supply and on -site sewage treatment and public utilities are utilized when available; and (d) The types, uses, and number of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommo- date these watercraft. 2. Conditions of conditional use permits. The city council, upon consideration of the findings of the evaluation conducted pursuant to item 1, above, and the intent and purposes of this section, may issue a conditional use permit hereunder subject to, but not limited to, the following conditions: (a) Increased setbacks from the ordinary high water level; (b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and (c) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. O. Water supply and sewage treatment. 1. Water supply. Any public or private supply of water for residential purposes shall meet or exceed the state department of health, county and the state pollution control agency standards for water quality. 2. Sewage treatment. (a) All private sewage treatment systems shall meet or exceed the state pollution control agency's standards for individual sewage treatment sys- tems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080," a copy of which is hereby adopted by the city by reference and incorporated as a part of the City Code. (b) All sewage shall be connected to public systems when available. (c) All on -site sewage treatment systems shall comply with the setback require- ments provided in subdivision 11 of this section. Supp. No. 3 CD11:93 § 11.21 EAGAN CODE (d) An evaluation to determine all proposed sites suitable for individual sewage treatment systems shall be made upon consideration of the following: (1) Depth to the highest known or calculated ground water table or bedrock; (2) Soil conditions, properties, and permeability; (3) Slope; and (4) The existence of lowlands, local surface depressions, and rock outcrops. (5) It shall be the responsibility of the applicant to provide sufficient information, through either public documents or field investigations, in order for the foregoing considerations to be addressed. (e) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the following requirements: (1) A sewage treatment system not meeting the requirements of this subdivision must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on or use of the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (2) The city will require upgrading or replacement of any nonconforming system identified by this program within five years. Any sewer system installed according to applicable local shoreland management stan- dards adopted under Minn. Stat. §§ 103F.201, 103F.205, 103F.211, 103F.215 and 103F.221 and amendments thereto, in effect at the time of installation, may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods or systems with less soil treatment area separation above groundwater than required by the state pollution control agency's chapter 7080 for design of on -site sewage treatment systems shall be considered nonconforming. (f) All on -site sewage treatment systems shall comply with regulations in the City Code. P. Subdivision provisions. 1. Land suitability. No preliminary plat shall be approved unless each lot, created through subdivision, including planned unit developments, is suitable in its natural state for the proposed use with minimal alteration. In determining whether a lot is suitable by the city, the city shall consider the following: (a) Susceptibility to flooding; (b) Existence of wetlands; (c) Soil and rock formations with severe limitations for development; Supp. No. 3 CD11:94 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 (d) Severe erosion potential; (e) Steep topography; (f) Inadequate water supply or sewage treatment capabilities; (g) Nearshore aquatic conditions unsuitable for water -based recreation; (h) Important fish and wildlife habitat; (i) Presence of significant historic sites; and (j) Any other feature of the natural land likely to be harmful to the health, or welfare of the city. 2. Consistency with other controls. Subdivisions must conform to all City Code regulations. A preliminary plat shall not be approved when a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose, when areas are not served by publicly owned sewer and water systems, a domestic water supply is not available or a sewage treatment system consistent with City Code is not provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements, contiguous lawn area require- ments that are free of limiting factors sufficient for the construction of two standard soil treatment systems where private sewage systems are permitted. Preliminary plat lots that would require use of holding tanks shall not be approved. Subd. 10. Planned development (cluster developments). A. Types of planned developments permitted. No planned developments (PDs) shall be permitted, except for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land in exclusively planned development and zoning districts as classified in subdivision 7 of this section and on the official zoning map of the city. B. Application for planned development. 1. Planned development uses shall comply with the regulations applicable in the planned development zoning district as provided in this chapter. 2. Any application for a planned development use in a shoreland zone shall provide the following information in addition to the information required under Minne- sota Statutes and section 11.40 of this chapter: (a) Surface water features; (b) Existing and proposed vegetative detail; (c) Deed restrictions, covenants, or owners' association bylaws; (d) Details of water -oriented uses; (e) Longterm plans for preservation and maintenance of open space; (f) Two -foot integral contours; (g) Other information deemed necessary by the city council. Supp. No. 3 CD11:94.1 § 11.21 EAGAN CODE C. Public utilities. Public utilities, including municipal sanitary sewer and water, shall be utilized for all planned development and planned development uses (PD) in the city. D. Site evaluation. Prior to the issuance of any permit under this subdivision, an evaluation of the site's suitable area, density, maintenance and design, open area, erosion, stormwater management plan, facilities, centralization, design plan and conversion shall be made in accordance with the following standards and procedures: 1. Site suitable area. A site's suitable area shall be evaluated using the following procedures and standards: (a) Shoreland tier dimensions. The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Sewered Type of Lake (feet) General development lakes, first tier (riparian) 200 General development lakes, second and additional tiers 200 Recreational development lakes 267 Natural environment lakes 320 (b) Suitable area calculation. The suitable area within each tier is calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. E. Residential and commercial planned development use. The procedures for determining the base density of a planned development and density increase multipliers are as follows: 1. Residential planned development base density evaluation. The suitable area within each tier is divided by the minimum single residential lot size standard for lakes to determine the maximum permitted density. Proposed locations and number of dwelling units or sites for residential planned developments are then compared with the tier, density, and suitability analyses herein and the design criteria in subparagraph G, below. 2. Commercial planned development base density evaluation. (a) Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes shall not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. (b) Select the appropriate floor area ratio from the following table: Supp. No. 3 CD11:94.2 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 COMMERCIAL PLANNED UNIT DEVELOPMENT FLOOR AREA RATIOS PUBLIC WATERS CLASSES Average Unit General Recreational Natural Floor Area Development Development Environmental (sq. ft.) Lakes Lakes Lakes 200 0.056 0.028 0.014 300 0.065 0.032 0.016 400 0.056 0.028 0.014 500 0.065 0.032 0.016 600 0.072 0.038 0.019 700 0.082 0.042 0.021 800 0.091 0.046 0.023 900 0.099 0.050 0.025 1,000 0.108 0.054 0.027 1,100 0.116 0.058 0.029 1,200 0.125 0.064 0.032 1,300 0.133 0.068 0.034 1,400 0.142 0.072 0.036 1,500 and above 0.150 0.075 0.038 (c) Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. (d) Divide the total floor area by tier, computed in item 2 above, by the average inside living area size determined in item 1 above, to determine a base number of dwelling units and sites for each tier. (e) Allowable densities may be transferred from any tier to any other tier further from the water body, but shall not be transferred to any other tier closer. 3. Proposed locations and number of dwelling units or sites for the commercial planned development are then compared with the tier, density and suitability analyses herein and the design criteria as provided in this division. F. Density increase multipliers. 1. Increases to the dwelling unit or dwelling site base densities previously deter- mined are allowable if the dimensional standards in this section are met or exceeded and the design criteria in subparagraph G below are satisfied. The allowable density increases in item 2, below, will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the city and the setback is at least 25 percent greater than the minimum setback. 2. Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments: Supp. No. 3 CD11:94.3 § 11.21 EAGAN CODE Density Evaluation Maximum Density Increase Tiers Within Each Tier (Percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 G. Maintenance and design criteria. 1. Before final approval of a planned development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure longterm preservation and maintenance of open space. The instruments shall include all of the following protection: (a) Commercial uses prohibited (for residential PDs). (b) Vegetation and topographic alterations shall be prohibited except by routine maintenance. (c) Construction of additional buildings or storage of vehicles and other mate- rials shall be prohibited. (d) Uncontrolled beaching of watercraft shall be prohibited. 3. Development organization and functioning. Unless an equally effective alterna- tive community framework is established, when applicable, all residential planned developments shall use an owners' association with the following features: (a) Membership shall be mandatory for each dwelling unit or site purchases and any successive purchasers; (b) Each member shall pay a pro rata share of the association's expenses, and unpaid assessments shall become liens on units or sites; (c) Assessments shall be adjustable to accommodate changing conditions; and (d) The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. H. Open space standards. Planned developments shall contain open space meeting all of the following standards: 1. At least 50 percent of the total project area shall be preserved as open space; 2. Dwelling units or sites, road rights -of -way, or land covered by road surfaces, parking areas, or structures, except water -oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; Supp. No. 3 CD11:94.4 • • • LAND USE REGULATIONS (ZONING) § 11.21 3. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; 4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; 5. Open space shall not include commercial facilities or uses, but may contain water -oriented accessory structures or facilities; 6. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, perma- nent easements, public dedication and acceptance, or other equally effective and permanent means; and 7. The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural state. For commercial planned developments, at least 50 percent of the shore impact zone must be preserved in its natural state. I. Erosion control and stormwater management. Erosion control and stormwater man- agement plans shall be developed and the PD shall: 1. Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by the soil and water conservation district may be required if project size and site physical characteristics warrant; and 2. Be designed and constructed to effectively manage reasonably expected quanti- ties and qualities of stormwater runoff. Impervious surface coverage within any tier shall not exceed 25 percent of the tier area, except that for commercial PDs increased impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consis- tency with this section. J. Centralization and design of facilities. Centralization and design of facilities and structures shall be done in accordance with the following standards: 1. Planned developments shall be connected to publicly owned (municipal) water supply and sewer systems if available; 2. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or Supp. No. 3 CD11:94.5 § 11.21 EAGAN CODE exceed the following dimensional standards for the relevant shoreland classifica- tion: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with this subparagraph for developments with density increases; 3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in suitable areas. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or relevant factors. The number of spaces provided for continuous beaching, moor- ing, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; 4. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be pre- served, if existing, or may be required to be provided; 5. Accessory structures and facilities, except water -oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and 6. Water -oriented accessory structures and facilities may be allowed if they meet or exceed design standards provided in this subdivision and are centralized. K. Conversions. The city shall not permit existing land uses and facilities to be converted to residential planned developments. L. Existing unit conditions. Existing dwelling unit or dwelling site densities that exceed standards in this subdivision may be allowed to continue but shall not be allowed to be increased. Subd. 11. Nonconformities. Nonconformities, as of the effective date of this section, may continue, but shall be administered according to applicable state statutes and other regula- tions of the city for future alterations and additions, repair or replacement after damage, discontinuance of use, and intensification of use, except that the following standards shall also apply in shoreland areas: A. Construction on nonconforming lots of record. 1. Lots of record in the office of the county recorder on the effective date of local shoreland controls that do not meet the requirements of subdivision 8 of this section may be allowed as building sites without variances from dimensional requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became Supp. No. 3 CD11:94.6 • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 nonconforming, the lot was in compliance with official shoreland controls in effect at the time it was created, and the lot meets all sewage treatment and setback requirements of this section are met. 2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. 3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the shoreland dimensional requirements of this section, then the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the shoreland dimensional requirements of this section as reasonably possible. B. Additions / expansions to nonconforming structures. 1. Any additions, enlargements or expansion to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other dimensional requirements of this section. Any deviation from these requirements shall be authorized by a variance as provided in this section. 2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following requirements are met: (a) The structure existed on the date the structure setbacks were established; (b) A thorough evaluation of the property and structure reveals no reasonable location for a deck which would meet or exceed the existing ordinary high water level setback of the structure; (c) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (d) The deck is constructed primarily of wood, and is not roofed or screened. C. Nonconforming sewage treatment systems shall conform to the sewage treatment system regulations as provided in this section. D. Public utility connections. Any new commercial or residential development permitted in any shoreland district where available shall be connected to the public utilities. (Code 1983, § 11.21, eff. 1-1-83; Ord. No. 164, 2nd series, eff. 4-9-93; Ord. No. 253, 2nd series, eff. 1-15-98) Cross references —Rules and regulations governing boating and related water activities within the city, § 10.24; compliance with wetland conservation statutes and regulations, § 10.25. Supp. No. 3 CD11:94.7 § 11.22 EAGAN CODE Sec. 11.22. Interim use permits. Subd. 1. Definition. "Interim use" is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. Subd. 2. Conditions. The council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Subd. 3. Termination. Any interim use permitted hereunder shall terminate upon the effective date of any amendment to this chapter that results in the interim use being no longer permitted. Subd. 4. Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the city council with all interested parties being given an opportunity to be heard. Subd. 5. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in Minn. Stat. § 462.357, subd. 3. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.22, eff. 1-1-83; Ord. No. 88, 2nd series, eff. 9-15-89; Ord. No. 190, 2nd series, eff. 11-17-94) Secs. 11.23-11.29. Reserved. Supp. No. 3 CD11:94.8 • • • • • • CODE COMPARATIVE TABLE Ordinance Number, Effective Section Series Date this Code 160, 2nd 3-26-93 9.12 164, 2nd 4- 9-93 11.21 162, 2nd 4-20-93 5.52 5.70 161, 2nd 4-30-93 5.81 162, 2nd 4-30-93 5.01 5.19 165, 2nd 5-14-93 10.11 166, 2nd 5-14-93 10.40 167, 2nd 6-18-93 4.20 168, 2nd 7-15-93 2.80 170, 2nd 10-29-93 6.46 171, 2nd 10-29-93 10.10 172, 2nd 11-12-93 11.03 11.10 11.20 173, 2nd 1-14-94 5.52 174, 2nd 1-14-94 5.52 176, 2nd 1-26-94 11.03 177, 2nd 1-26-94 11.20 175, 2nd 2- 4-94 10.40 178, 2nd 3-18-94 2.11 179, 2nd 6-24-94 14.01 180, 2nd 6-24-94 2.79 181, 2nd 6-24-94 5.12 182, 2nd 6-24-94 8.01 183, 2nd 6-24-94 10.40 185, 2nd 9- 1-94 10.21 186, 2nd 10-13-94 6.39, 6.40 188, 2nd 11-17-94 11.03 11.10 11.40 189, 2nd 11-17-94 11.10 190, 2nd 11-17-94 11.22 191, 2nd 1- 5-95 11.03 11.20 192, 2nd 1-12-95 6.37 193, 2nd 1-12-95 3.05 194, 2nd 1-12-95 3.06 195, 2nd 1-12-95 3.07 196, 2nd 1-12-95 3.08 199, 2nd 2-23-95 13.10 198, 2nd 3-16-95 11.10 201, 2nd 4-27-95 4.01 202, 2nd 5-11-95 11.03 203, 2nd 7-13-95 10.11 Supp. No. 3 CCT:7 EAGAN CODE Ordinance Number, Effective Section Series Date this Code 204, 2nd 10- 5-95 11.10 205, 2nd 10-12-95 11.10 206, 2nd 10-12-95 11.20 207, 2nd 10-26-95 6.36 208, 2nd 12- 7-95 11.20 209, 2nd 12-14-95 13.10 210, 2nd 2- 8-96 6.37 211, 2nd 2-15-96 6.47 212, 2nd 2-15-96 10.10 213, 2nd 3-14-96 6.37 214, 2nd 3-28-96 11.03 215, 2nd 3-28-96 11.20 217, 2nd 3-28-96 11.10 218, 2nd 5- 2-96 6.37 219, 2nd 5- 2-96 3.20 220, 2nd 5-16-96 11.20 222, 2nd 9-12-96 6.37 223, 2nd 9-12-96 10.01 224, 2nd 9-26-96 2.11 225, 2nd 10-15-96 11.03, 11.10, 11.20 226, 2nd 11- 4-96 2.38 227, 2nd 11-19-96 7.05 228, 2nd 12- 4-96 5.52 229, 2nd 3- 4-97 6.39 230, 2nd 4-15-97 Adopting Ord., p. ix.i 231, 2nd 4- 1-97 6.48 232, 2nd 5- 6-97 4.50 11.03 11.10 233, 2nd 6- 3-97 5.05, 5.70, 5.52 234, 2nd 6- 3-97 11.10 236, 2nd 7- 1-97 2.52 237, 2nd 7- 1-97 11.20 238, 2nd 8- 5-97 2.38 239, 2nd 8-19-97 11.03 240, 2nd 8-19-97 11.10 241, 2nd 8-19-97 11.10 242, 2nd 8-19-97 11.10 243, 2nd 8-19-97 11.20 245, 2nd 11-13-97 11.20 246, 2nd 11-27-97 7.05 247, 2nd 11-27-97 7.08 248, 2nd 12-11-97 11.10 249, 2nd 12-25-97 6.49 Supp. No. 3 CCT:8 • • • • • • CODE COMPARATIVE TABLE Ordinance Number, Effective Section Series Date this Code 250, 2nd 12-25-97 11.03 11.20 251, 2nd 1-15-98 6.50 252, 2nd 1-15-98 10.11 253, 2nd 1-15-98 11.21 254, 2nd 1-29-98 6.37 255, 2nd 3-26-98 2.15 256, 2nd 3-26-98 2.16 257, 2nd 4-16-98 11.03 11.10 11.20 Supp. No. 3 CCT:9 • • STATE LAW REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text, of references to the Minnesota Statutes. Minn. Minn. Stat. Section Stat. Section Section this Code Section this Code 14.57-14.69 6.45 169.121 9.12 18.77, subd. 8 10.21 169.129 9.12 18.023 10.20 169.345 et seq. 9.16 35.71 10.11 ch. 171 8.07 65B.41-65B.71 8.08 171.03 8.06 84.81-84.89 8.06 ch. 173 4.20 84.90 8.07 ch. 176 2.12 ch. 86B 10.24 221.81 4.10 86B.005, subd. ch. 278 6.45 18 10.24 300.03, 300.04 2.72 93.44-93.51 11.21 303.06 6.49 chs. 103A- 307.08 11.21 103G 11.21 327.14 et seq. 4.40 ch. 103F 11.80 327.31-327.35 11.20 chs. 103F, 394 11.80 333.01 6.49 103F.201 11.21 ch. 340A Ch. 5 103F.205 11.21 5.81 103F.211 11.21 340A.101, subd. 103F.215 11.21 9 5.01 103F.221 11.21 340A.408 5.31 ch. 103G 11.21 5.51 103G.005, subd. 5.70 15 11.21 346.01 et seq. 10.11 ch. 115A 10.01 347.01 et seq. 10.11 144.411 et seq. 5.54 347.50-347.55 10.12 5.71 364.03, subd. 2, ch. 152 10.34 364.03, subd. 3 6.45, 6.49 152.01 10.34 412.013 et seq. Ch. 2 152.092 et seq. Ch. 10, Pt. XXI 412.221 4.40 161.242 2.70 412.221, subd. ch. 168, ch. 169 8.01 17 2.32 chs. 168, 169 8.07 412.231 1.03 168.10 2.70 412.321 et seq. Ch. 3 ch. 168B 2.70 415.021 Ch. 1 168B.04, subd. ch. 429 3.60 2 2.70 10.20 ch. 169 7.01 13.30 10.50 429.011 et seq. Ch. 3 169.01 2.70 429.021 14.01 169.01 et seq. Ch. 8 429.101 10.20 169.045 8.08 435.193 2.75 Supp. No. 3 SLT:1 EAGAN CODE Minn. Stat. Section Section this Code 444.075 3.07 461.12 et seq. 6.34 ch. 462 11.21 462.357 Ch. 11 462.357, subd. 3 11.22 462.358 Ch. 13 13.10 462.358, subd. 3c 13.20 462C.08 462C.012 469.190 2.80 471.15 10.23 471.62 8.06, 8.07 604A.22 8.06 604A.25 8.06 ch. 609 Ch. 10 10.34 609.034 1.03 609.5311 et seq. 10.34 617.23 et seq. 5.90 624.22 10.10 629.34 2.38 Supp. No. 3 SLT:2 • • • • • • CODE INDEX Section A ABANDONMENT Abandoned property Abandoned vehicles, disposal of 2.70 Subd. 1 Disposal of unclaimed property 2.70 Subd. 2 Excess property, disposal of 2.70 Subd. 3 Unclaimed property, disposal of 2.70 Subd. 2 Abandoned water services penalty 3.20 Subd. 3 Motor vehicles 10.50 Water services 3.20 Subd. 3 ABSENTEE BALLOT COUNTY BOARD Designated ACQUISITIONS Advisory parks commission's duties ADDRESSES Building numbers 2.73 2.52 Subd. 2 2.78 ADMINISTRATION Administrative appeal, right to 2.06 Authority and purpose of provisions 2.01 City administrator Agreement 2.09 Subd. 6 Appointment and removal 2.09 Subd. 2 Compensation 2.09 Subd. 5 Duties 2.09 Subd. 4 Position established 2.09 Subd. 1 Qualifications 2.09 Subd. 3 City seal 2.05 Council Generally 2.202 et seq. See: CITY COUNCIL Facsimile signatures 2.08 Interim emergency succession Duties of interim emergency council 2.10 Subd. 3 Local offices, succession to 2.10 Subd. 2 Purpose of provisions 2.10 Subd. 1 Odd -year election 2.15 Terms of office for transition to 2.16 Rules of procedure for appeals and other hearings 2.07 Workers' compensation City officers 2.12 Subd. 2 Contractors 2.12 Subd. 1 ADULT -ORIENTED BUSINESSES Adult companionship/escort services provider license Definitions 6.50 Subd. 3 Findings of city council 6.50 Subd. 2 Supp. No. 3 CDi:1 EAGAN CODE Section ADULT -ORIENTED BUSINESSES (Cont'd.) License Application 6.50 Subd. 5 Process and requirements 6.50 Subd. 8 Fees, license and investigation 6.50 Subd. 7 Required 6.50 Subd. 4 Suspension and revocation 6.50 Subd. 9 Restrictions and regulations 6.50 Subd. 6 Purpose 6.50 Subd. 1 Violations, license and criminal 6.50 Subd. 9 Adult establishments Building, premises and character, change in 6.49.M Criminal penalty 6.49.S Definitions 6.49.B Fees 6.49.G Findings and purpose 6.49.A Hours of operation, restrictions 6.49.N Inspection, right of 6.49.Q License Application 6.49.D Renewal 6.49.I Execution and verification of information 6.49.E Investigation fee 6.49.G.2 Fee 6.49.G.1 Hearing procedures 6.49.R.3 Persons and locations ineligible for 6.49.H Restrictions regarding transfer 6.49.K Required 6.49.0 Requirements Alcohol prohibited 6.49.J.4 Maintenance of order 6.49.J.3 Posting 6.49.J.1 Scope 6.49.J.2 Revocation 6.49.R.2 Suspension 6.49.R.1 Minors, restriction regarding 6.49.0 Ownership, change in 6.49.L Prohibition; license required 6.49.0 Sanitation and health, restrictions regarding 6.49.P Severability 6.49.T ADVERTISING Drug paraphernalia Parking for purpose of advertising ADVISORY COMMISSIONS AND COMMITTEES. See: BOARDS, COMMITTEES AND COMMISSIONS AGE Beer, wine and liquor licensing Minor age regulations Supp. No. 3 CDi:2 10.34 9.15 5.12 • • • • • • CODE INDEX Section AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGENCIES OF CITY AGREEMENTS. See: CONTRACTS AND AGREEMENTS AGRICULTURE Commercial turf fertilizer application 6.48 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) AIR POLLUTION Control 10.41 ALARMS Fire, burglar and safety alarm regulations and require- ments 10.43 ALCOHOLIC BEVERAGES Adult -oriented businesses, prohibition of alcohol in licensed premises 6.49.J.4 See: ADULT -ORIENTED BUSINESSES Beer, wine and liquor licensing and regulation Applications and licenses under provisions Action 5.02 Subd. 4 Application 5.02 Subd. 1 Application and investigation fees 5.02 Subd. 3 Duplicate licenses 5.02 Subd. 5 False statements 5.02 Subd. 2 Persons disqualified 5.02 Subd. 8 Posting 5.02 Subd. 6 Procedure and administration 5.02 Resident manager or agent 5.02 Subd. 7 Beer license Fees 5.31 Required 5.30 Restrictions and regulations 5.33 Certain buildings and grounds, alcoholic beverages in 5.17 Conditional licenses 5.06 Conduct on licensed premises 5.09 Confections containing alcohol 5.19 Consumption and display Approval 5.80 Subd. 6 License fee 5.80 Subd. 5, 5.81 Subd. 2 License required 5.80 Subd. 2, 5.81 Subd. 1 Limitation on number 5.80 Subd. 4 One -day license 5.80 Prohibition 5.80 Subd. 1 Restrictions and regulations 5.81 Subd. 3 Term 5.80 Subd. 3 Supp. No. 3 CDi:3 EAGAN CODE Section ALCOHOLIC BEVERAGES (Cont'd.) Definitions 5.01 Delinquent taxes and charges 5.04 Financial responsibility of licensees Documents submitted to commissioner 5.13 Subd. 3 Exception 5.13 Subd. 2 Proof 5.13 Subd. 1 Gambling prohibited 5.15 Hours and days of beer sales 5.34 Hours and days of liquor sales 5.53 Insurance certificate requirements 5.14 License condition and unlawful act 5.11 Limitation on ownership 5.05 Liquor license Fees 5.51 Required 5.50 Restrictions and regulations 5.52 Minors defined 5.01 Consumption 5.12 Subd. 1 Entering licensed premises 5.12 Subd. 4 Misrepresentation of age 5.12 Subd. 5 Possession 5.12 Subd. 3 Proof of age 5.12 Subd. 6 Purchasing 5.12 Subd. 2 Unlawful acts 5.12 Nudity or obscenity prohibited Definitions 5.90 Subd. 1 Unlawful act 5.90 Subd. 2 On -sale wine Hours and days of sales by on -sale wine licensee . 5.71 On -sale license required 5.70 Subd. 1 On -sale wine license fee 5.70 Subd. 2 On -sale wine license restrictions and regulations . 5.70 Subd. 3 Premises licensed 5.07 Renewal of licenses 5.03 Sale by employee 5.10 Sports or convention facility license 5.56 Streets, public property, and private parking lots to which public has access, consumption and pos- session of alcoholic beverages on 5.16 Sunday sales of liquor 5.54 Temporary beer license Applicant 5.32 Subd. 1 Conditions 5.32 Subd. 2 Temporary liquor license Applicant 5.57 Subd. 2 Insurance required 5.57 Subd. 4 License authorized 5.57 Subd. 1 Terms and conditions of license 5.57 Subd. 3 Supp. No. 3 CDi:4 • • • • • • CODE INDEX Section ALCOHOLIC BEVERAGES (Cont'd.) Unlawful acts Closing 5.08 Subd. 3 Consumption 5.08 Subd. 1 Removal of containers 5.08 Subd. 2 Unlawful acts (beer) 5.35 Unlawful acts (liquor) 5.55 Unlawful acts (wine) 5.72 Violation a misdemeanor 5.99 Workers' compensation 5.18 Consumption and display Generally 5.81 One -day license 5.80 Dancehalls Consumption of alcoholic beverages 6.31 Subd. 11 Hours and days of sales by on -sale wine licensees 5.71 Nudity or obscenity prohibited 5.90 Unlawful acts (wine) 5.72 Violation a misdemeanor 5.99 ALLEYS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS AMENDMENTS Code amendments 1.15 AMUSEMENTS AND AMUSEMENT PLACES Curfew regulations re minors 10.30 Subd. 4 Dancehalls 6.31 Mechanical amusement devices 6.30 ANIMALS AND FOWL Carrier pigeons Harboring 10.12 Subd. 7 Dog and cat regulation and dog licensing Animal pound records 10.11 Subd. 5 Dangerous and potentially dangerous dogs 10.11 Subd. 7 Definitions 10.11 Subd. 1 Disposition of certain animals 10.11 Subd. 8 Disposition of impounded dogs and cats 10.11 Subd. 4 Dog license required 10.11 Subd. 3 Immobilization of dogs or cats 10.11 Subd. 9 Public nuisance 10.11 Subd. 6 Rabies control 10.11 Subd. 10 Running at large prohibited 10.11 Subd. 2 Keeping, transporting, treatment, housing animals and fowl Animals in transit 10.12 Subd. 3 Definitions 10.12 Subd. 1 Harboring carrier pigeons 10.12 Subd. 7 Housing 10.12 Subd. 5 Keeping 10.12 Subd. 2 Supp. No. 3 CDi:5 EAGAN CODE Section ANIMALS AND FOWL (Cont'd.) Treatment 10.12 Subd. 4 Trespasses 10.12 Subd. 6 Kennels 6.38 Parks and recreation areas Unlawful acts by animals in parks 10.23 Subd. 3 Pet shops Diseased animals 6.43 Subd. 3 Generally 6.43 Rabies control Dogs and cats 10.11 Subd. 10 Special hunting permit 6.47 Stables 6.41 Trapping prohibited; exceptions 10.13 ANNEXATIONS Certain ordinances not affected by Code 1.14 Subd. 1.I ANNUAL BUDGET. See: BUDGET APPEALS Administrative appeal, right to 2.06 Local lodging tax 2.80 Subd. 13 Rules of procedure for appeals 2.07 APPOINTMENTS City administrator 2.09 Subd. 2 Departments generally 2.30 Subd. 2 APPROPRIATIONS Certain ordinances not affected by Code 1.14 Subd. 1.F ASSESSMENTS Special assessments. See that subject ASSOCIATIONS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 AUTOMOBILES. See: MOTOR VEHICLES AND TRAF- FIC BED TAX Local lodging tax BEER Licensing and regulation See: ALCOHOLIC BEVERAGES BILLBOARDS. See: SIGNS AND BILLBOARDS BOARD OF ADJUSTMENT AND APPEALS Advisory board of adjustments and appeals Supp. No. 3 CDi:6 2.80 5.01 et seq. 2.53 • • • • • CODE INDEX BOARDS, COMMITTEES AND COMMISSIONS Absentee ballot county board Advisory board of adjustments and appeals Advisory commissions and committees generally Advisory parks commission Advisory planning commission Board of adjustments and appeals Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) City administrator's duties Code definitions Section 2.73 2.53 2.50 2.52 2.51 2.09 Subd. 4.A 1.02 BOATS AND BOATING Parks and recreation areas, unlawful acts 10.23 Subd. 5 Rules and regulations governing boating and related water activities within the city 10.24 Disturbance 10.24 Subd. 3 Exceptions 10.24 Subd. 2 General 10.24 Subd. 1 Ice fishing houses 10.24 Subd. 4 Pontoons and floating rafts 10.24 Subd. 6 Seasonal docks 10.24 Subd. 5 State laws, adoption of 10.24 Subd. 7 BOND ISSUES Certain ordinances not affected by Code 1.14 Subd. 1.B BONDS, SURETY OR PERFORMANCE Listing of uncoded ordinances in effect. See Chapter 25 Pawnshop license requirements Tree maintenance contractors' licensing requirements 6.45 Subd. 7 6.44 Subd. 4 BOULEVARDS Code definitions 1.02 BOUNDARIES Certain ordinances not affected by Code 1.14 Subd. 1.I Special service district No. 1 Area included within 14.01 Subd. 4 BOWS AND ARROWS. See also: FIREARMS AND WEAP- ONS Use of BRUSH. See: WEEDS AND BRUSH 10.10 Subd. 8 BUDGET Advisory parks commission's duties 2.52 Subd. 2 City administrator's duties 2.09 Subd. 4.0 Departments generally Budgetary information 2.30 Subd. 5 Supp. No. 3 CDi:7 EAGAN CODE Section BUILDINGS Building code Adopted 4.01 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.A Building numbers Posting 2.78 Subd. 2 Required 2.78 Subd. 1 Specifications 2.78 Subd. 3 Building permits Fees 4.02 Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 Required 4.03 Construction headquarters and material storage areas 4.60 Excavations and fills 4.30 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Moving buildings Building mover endorsement 4.10 Subd. 12 Building permits and certificates of occupancy 4.10 Subd. 11 Conditional permits 4.10 Subd. 10 Council review 4.10 Subd. 7 Denial of permit 4.10 Subd. 13 Fees and deposits 4.10 Subd. 6 Moving days 4.10 Subd. 9 Moving hours 4.10 Subd. 8 Moving permit required and application 4.10 Subd. 2 Owner's permit required and application 4.10 Subd. 4 Liability to city 4.10 Subd. 5 Permits and special requirements for Definitions 4.10 Subd. 1 Outdoor swimming pools 4.70 Protective inspections department 2.35 Signs Construction of 4.20 Subd. 1 Placement, erection maintenance of 4.20 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach parks, construction and maintenance of . 4.40 Violation a misdemeanor 4.99 BURGLAR ALARMS Regulations and requirements 10.43 BUSINESSES Adult -oriented businesses 6.49, 6.50 See: ADULT -ORIENTED BUSINESSES Business signs 4.20 Subds. 5, 6 License regulations 6.01 et seq. See: LICENSES AND PERMITS Supp. No. 3 CDi:8 • • • • • • CODE INDEX Section CABLE TELEVISION Franchises Listing of uncoded ordinances in effect. See Chapter 25 CANVASSERS. See: PEDDLERS, CANVASSERS AND SOLICITORS CARNIVALS, CIRCUSES AND FAIRS Shows 6.32 CARS. See: MOTOR VEHICLES AND TRAFFIC CERTIFICATES Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 CHEMICAL TREATMENT Tree maintenance contractors' licensing requirements CITATIONS Code regulations Issuance of citations 6.44 Subd. 6 1.08 2.38 CITY Certain motorized vehicles permitted on boulevards7.12 Subd. 3 Code definitions 1.02 Moving of buildings Liability to city 4.10 Subd. 5 Tree planting City to control 10.21 Subd. 3 City to perform work 10.21 Subd. 5 CITY ADMINISTRATOR Agreements 2.09 Subd. 6 Appointment and removal 2.09 Subd. 2 Code definitions 1.02 Compensation 2.09 Subd. 5 Duties 2.09 Subd. 4 Position established 2.09 Subd. 1 Qualifications 2.09 Subd. 3 CITY ATTORNEY Legal department 2.33 CITY CLERK -TREASURER City seal generally 2.05 Code definitions 1.02 Generally 2.13 CITY CODE. See: CODE OF ORDINANCES CITY COUNCIL Authority and purpose of provisions 2.01 Supp. No. 3 CDi:9 EAGAN CODE Section CITY COUNCIL (Cont'd.) City administrator's duties 2.09 Subd. 4 City seal 2.05 Interim emergency council, duties of 2.10 Subd. 3 Mayor Generally 2.11 et seq. See: MAYOR Meetings Council procedure at regular meetings 2.04 Special meetings 2.03 Time and place 2.02 Moving of buildings Council review 4.10 Subd. 7 Salaries of mayor and councilmembers 2.11 Special meetings 2.03 Terms of office for transition to odd -year elections 2.16 See: ELECTIONS Traffic and parking control on streets and sidewalks Council action 7.04 Subd. 1 CITY SEAL Generally 2.05 CITY TREASURY Fines and penalties, payment into 1.06 CLAY. See: DIRT, CLAY OR SOIL CODE OF ORDINANCES* Amendments to Code 1.15 Application of provisions 1.01 Certain ordinances not affected by Code 1.14 Citation 1.08 City administrator's duties 2.09 Subd. 4.E Definitions 1.02 Editor's notes and references 1.13 Listing of uncoded ordinances in effect. See Chapter 25 Meanings 1.07 Otherwise unlawful 1.04 Payment into city treasury of fines and penalties 1.06 Penalties for each offense 1.09 Reference to a public official 1.11 Section catchlines and other headings 1.10 Severability 1.05 Source and effective date notes 1.12 Supplementation of Code 1.16 Violation a misdemeanor 2.99 *Note -The adoption, amendment, repeal, omissions, effective date, explana- tion of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 3 CDi:10 • • • • • • CODE INDEX Section CODE OF ORDINANCES (Cont'd.) Violation a misdemeanor or a petty misdemeanor 1.03 CODES Technical codes. See that subject COLORING. See: PAINTING OR COLORING COMMERCIAL DISTRICTS Commercial turf fertilizer application 6.48 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) COMMERCIAL ENTERPRISES Rules and regulations governing public parks and rec- reation areas COMMERCIAL VEHICLES. See also: MOTOR VEHI- CLES AND TRAFFIC Parking regulations COMMITTEES AND COMMISSIONS. See: BOARDS, COMMITTEES AND COMMISSIONS 10.23 Subd. 1.E 9.10 COMMUNITY INVESTMENT FUND Created 2.79 Subd. 1 Purpose of fund 2.79 Subd. 2 COMPENSATION. See: OFFICERS AND EMPLOYEES CONFECTIONS Alcohol, confections containing 5.19 CONSTRUCTION HEADQUARTERS AND MATERIAL STORAGE AREAS Designated 4.60 CONSTRUCTION VEHICLES Boulevards, permitted on 7.12 Subd. 2 CONTRACTORS Tree maintenance contractors' licensing 6.44 CONTRACTS AND AGREEMENTS Abandoned vehicles City contracts re disposal 2.70 Subd. 1H Certain ordinances not affected by Code 1.14 Subd. 1 City administrator Agreements 2.09 Subd. 6 Duties generally 2.09 Subd. 4.F Duties re contracts 2.09 Municipal and public utilities Contractual contents of provisions 3.04 Refuse storage, deposit and disposal Joint management hauling contracts 10.01 Subd. 6 Supp. No. 3 CDi:11 EAGAN CODE CONVENTION FACILITIES Alcoholic beverage license regulation CONVICTIONS Code definitions Pawnshop licenses Persons and places ineligible for license Section 5.56 1.02 6.45 Subd. 8 CORPORATIONS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 COUNCIL. See: CITY COUNCIL CRIMES. See: PUBLIC PROTECTION, CRIMES AND OFFENSES CURBS AND GUTTERS Painting or coloring 7.10 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.F CURFEW Amusement places, entertainment or refreshment 10.30 Subd. 4 Exceptions 10.30 Subd. 5 Minors under the age of 16 10.30 Subd. 1 Minors who are 16 or 17 years of age 10.30 Subd. 2 Parents and guardians 10.30 Subd. 3 D DAMAGES AND DAMAGING Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.A Traffic and parking control on streets 7.04 Subd. 5 DANCEHALLS Definitions 6.31 Subd. 1 Disposition of fees 6.31 Subd. 14 Hours 6.31 Subd. 10 Lights 6.31 Subd. 7 Not to admit certain persons 6.31 Subd. 8 Numbers of persons admitted 6.31 Subd. 12 Obscene or indecent behavior 6.31 Subd. 6 Officer may attend public dances 6.31 Subd. 9 Permits Applications 6.31 Subd. 5 Generally 6.31 Subd. 2 Issuance of 6.31 Subd.3 Revocation of permit 6.31 Subd. 15 To be posted 6.31 Subd. 4 Smoking or consumption of alcoholic beverages 6.31 Subd. 11 Supp. No. 3 CDi:12 • • • • • CODE INDEX Section DANGEROUS DOGS. See also: ANIMALS AND FOWL Specifically 10.11 Subd. 7 DEEDS Certain ordinances not affected by Code 1.14 Subd. 1 DEFACING. See: DAMAGES AND DAMAGING DENSITY Occupant density Trailer coach park construction, design and operation requirements 4.40 Subd. 4.P DEPARTMENTS AND OTHER AGENCIES OF CITY City administrator's duties 2.09 Subd. 4.A Code definitions 1.02 Departments generally Appointment 2.30 Subd. 2 Budgetary information 2.30 Subd. 5 Compensation 2.30 Subd. 3 Control 2.30 Subd. 1 Table of organization and lines of responsibility 2.30 Subd. 4 Fire department 2.32 Legal department 2.33 Park and recreation department 2.37 Planning and zoning department 2.36 Police department 2.31 Protective inspections department 2.35 Public works department 2.34 DEPOSITS Moving of buildings 4.10 Subd. 6 DESIGN STANDARDS Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) DEVELOPMENT. See: PLANNING AND DEVELOP- MENT DIRT, CLAY OR SOIL Streets, tracking onto 7.05 Subd. 5.1 DISCRIMINATION Parks, discrimination in 10.23 Subd. 8 DISEASE CONTROL Pet shops Diseased animals 6.43 Subd. 3 Rabies control regulations re dogs and cats 10.11 Subd. 10 Shade tree disease control and prevention 10.20 DISTRICTS Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Supp. No. 3 CDi:13 11.01 et seq. EAGAN CODE Section DISTURBANCES Boating, rules and regulations governing 10.24 Subd. 3 DRAINS AND DRAINAGE Stormwater drainage connection and availability charge 3.07 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.B DRUG PARAPHERNALIA Possession, manufacture, delivery and advertisement prohibited 10.34 DUMPING Public property 10.32 Subd. 3 Streets, obstructions in 7.05 Subd. 3 EAGAN. See: CITY ELECTIONS Absentee ballot counting board Listing of uncoded ordinances in effect. See Chapter 25 Odd -year election Terms of office for transition to ELECTRICITY Franchises Listing of uncoded ordinances in effect. See Chapter 25 2.73 2.15 2.16 EMERGENCIES Emergency preparedness plan 2.77 Interim emergency succession 2.10 Water emergency restrictions 3.20 Subd. 8.F EMERGENCY PREPAREDNESS PLAN Generally 2.77 EMPLOYEES (Generally) Beer, wine and liquor Sale by employees 5.10 EMPLOYEES OF CITY. See: OFFICERS AND EMPLOY- EES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES ENGINEERS AND ENGINEERING Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) EQUIPMENT Parks and recreation areas Unlawful acts 10.23 Subd. 5 Supp. No. 3 CDi:14 • • • • • CODE INDEX Section EX OFFICIO MEMBERS Code definitions 1.02 EXCAVATIONS AND FILLS Annual license fee 4.30 Subd. 4 Application for permit 4.30 Subd. 3 Combination permits 4.30 Subd. 9 Conditional use permits 4.30 Subd. 10 Definitions 4.30 Subd. 1 Duration of permit 4.30 Subd. 8 Granting of permit 4.30 Subd. 6 Inspections 4.30 Subd. 7 Permit required; unlawful act 4.30 Subd. 2 Regulations and requirements 4.30 Subd. 5 Street openings or excavations 7.06 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Violations 4.30 Subd. 11 EXCLUSIONS (Territory) Certain ordinances not affected by Code 1.14 Subd. 1.I EXHIBITION DRIVING. See also: MOTOR VEHICLES AND TRAFFIC Specific regulations 8.05 EXHIBITIONS. See: SHOWS FACSIMILE SIGNATURES Mayor and city -treasurer authorization 2.08 FALSE STATEMENTS Beer, wine and liquor licensing and regulation 5.02 FEDERAL GOVERNMENT Pawnshop licenses Persons and places ineligible for license 6.45 Subd. 8 FEES Adult -oriented businesses 6.49.G See: ADULT -ORIENTED BUSINESSES Beer license fees 5.31 Beer, wine and liquor licenses Application and investigation fee 5.02 Subd. 3 Certain ordinances not affected by Code 1.14 Subd. 1.H Fixing license fees 6.04 Liquor license fees 5.51 Moving of buildings 4.10 Subd. 6 Pawnshop licenses Payment of fees 6.45 Subd. 6 Sanitary sewer utility fee 3.08 Subd. 2 Sign permits and fees 4.20 Subd. 9 Supp. No. 3 CDi:15 EAGAN CODE Section FEES (Cont'd.) Storm sewer utility fee 3.07 Subd. 3 Tree maintenance contractors' licensing requirements6.44 Subd. 7 Water Connection and availability charge 3.06 Recalculation of fees 3.06 Subd. 6 Utility fee 3.06 Subd. 2 FENCES, WALLS, HEDGES AND ENCLOSURES Animal housing regulations 10.12 Subd. 5 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Outdoor swimming pools, fencing required around 4.70 Subd. 2 Stables 6.41 FILLS. See: EXCAVATIONS AND FILLS FINANCES Beer, wine and liquor licensees Financial responsibility of 5.13 Certain ordinances not affected by Code 1.14 Subd. 1.B City clerk -treasurer Generally 2.13 et seq. See: CITY CLERK -TREASURER Community investment fund 2.79 Fines and penalties, payment into city treasury 1.06 Special assessments 2.74 et seq. See: SPECIAL ASSESSMENTS Street lighting system costs 3.60 Subd. 3 Street openings or excavations 7.06 Subds. 2, 6 FINES, FORFEITURES AND OTHER PENALTIES Certain ordinances not affected by Code 1.14 Subd. 1.A Payment of fines and penalties into city treasury 1.06 Penalties for each offense 1.09 Penalties for specific acts, omissions, violations, etc See specific subjects as indexed Public protection, crimes and offenses 10.01 et seq. See: PUBLIC PROTECTION, CRIMES AND OF- FENSES Violation a misdemeanor 2.99 Violation a misdemeanor or a petty misdemeanor 1.03 FIRE, BURGLARY AND SAFETY ALARMS Definitions 10.43 Subd. 2 Purpose 10.43 Subd. 1 Regulations and requirements 10.43 Subd. 3 Schedule of payment rates 10.43 Subd. 4 FIRE DEPARTMENT Established 2.32 Supp. No. 3 CDi:16 • • • • • • CODE INDEX FIRE EXTINGUISHERS Trailer coach park construction, design and operation requirements FIRE HOSES Private fire hose connections FIRE HYDRANTS Water hydrant use FIRE LANES Signage requirements FIRE PREVENTION Fire department Fire lane signage requirements Minnesota Uniform Fire Code Adoption Definitions Enforcement Fire lane signage requirements New materials, processes or occupancies which may require permits Public property, fires on Refuse storage, deposit and disposal Rules and regulations governing public parks and rec- reation areas Streets, obstructions in FIREARMS AND WEAPONS Dangerous weapons and articles Acts prohibited Bows and arrows, use of Carrying and transporting of firearms Definitions Exception Exposure of unused container Firearms regulated Possession and sale of fireworks Fireworks Park regulations Possession and sale of Parks and recreation areas, unlawful acts FIREWORKS. See also: FIRE PREVENTION Parks and recreation area regulations re fireworks Possession and sale of FIRMS Person; code definitions extended and applied to FLOOD DAMAGE PREVENTION Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Supp. No. 3 CDi:17 Section 4.40 Subd. 4.0 3.20 Subd. 7 3.20 Subd. 8 10.40 Subd. 5 2.32 10.40 Subd. 5 10.40 Subd. 1 10.40 Subd. 3 10.40 Subd. 2 10.40 Subd. 5 10.40 Subd. 4 10.32 Subd. 2 10.01 Subd. 4 10.23 Subd. 1.0 7.05 Subd. 2 10.10 Subd. 3 10.10 Subd. 8 10.10 Subd. 5 10.10 Subd. 1 10.10 Subd. 4 10.10 Subd. 7 10.10 Subd. 2 10.10 Subd. 6 10.23 Subd. 6 10.10 Subd. 6 10.23 Subd. 4 10.23 Subd. 4 10.10 Subd. 6 1.02 11.01 et seq. EAGAN CODE Section FORFEITURES. See: FINES, FORFEITURES AND OTHER PENALTIES FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances not affected by Code 1.14 Subd. 1.D Conditions in every franchise 2.72 Subd. 4 Definitions 2.72 Subd. 1 Franchise ordinances 2.72 Subd. 2 Further provisions of franchises 2.72 Subd. 5 Power of regulation reserved 2.72 Subd. 3 FUNERALS Parades G 7.07 GAMBLING Applications for license 6.35 Subd. 3 Approval required 6.35 Subd. 2 Beer, wine and liquor licensees Gambling prohibited 5.15 Purpose of provisions 6.35 Subd. 1 Regulations and restrictions 6.35 Subd. 4 GAMES Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.F GARBAGE AND TRASH Garbage, refuse and recycling haulers 6.37 Definitions 6.37 Subd. 1 Exception 6.37 Subd. 3 Hauler licensee requirements 6.37 Subd. 4 License Required 6.37 Subd. 2 Storage, deposit and disposal of refuse 10.01 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.N GAS Franchises Listing of uncoded ordinances in effect. See Chapter 25 GOLF DRIVING RANGE Definition 6.42 Subd. 1 License Required 6.42 Subd. 2 Restrictions and regulations 6.42 Subd. 3 Zoning 6.42 Subd. 4 Supp. No. 3 CDi:18 • • • • • • CODE INDEX Section GRADES AND GRADING Excavations and fills 4.30 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) GRASS Private property Planting and maintenance of trees and grass on Regulation of grass H 10.21 7.08 HANDICAPPED PERSONS Physically handicapped parking 9.16 HARASSING BEHAVIOR. See: STALKING AND HA- RASSING BEHAVIOR HAULERS Garbage, reuse and recycling haulers 6.37 HEALTH AND SANITATION Adult -oriented businesses, regulations regarding 6.49.P See: ADULT -ORIENTED BUSINESSES Animals and fowl Treatment regulations 10.12 Subd. 4 Massage therapy establishment and massage therapist licenses 6.39 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) HEARINGS Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) License hearing Rules of procedure for appeals and other hearings Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) HEDGES. See: FENCES, WALLS, HEDGES AND EN- CLOSURES HOTELS AND MOTELS Local lodging tax HOUSING Single-family housing and multifamily housing devel- opments Housing programs Listing of uncoded ordinances in effect. See Chap- ter 25 HUCKSTERS. See: PEDDLERS, CANVASSERS AND SOLICITORS Supp. No. 3 CDi:19 11.01 et seq. 6.11 2.07 2.80 EAGAN CODE Section HUNTING Special hunting permit 6.47 I ICE Public property, ice on 10.32 Subd. 5 Streets, obstructions in 7.05 Subd. 5 ICE FISHING HOUSES Rules and regulations governing 10.24 Subd. 4 IMPOUNDMENT Parking of vehicles Impounding and removing vehicles IMPROVEMENTS. See: PUBLIC WORKS AND IM- PROVEMENTS 9.12 INDEBTEDNESS OF CITY Certain ordinances not affected by Code 1.14 Subd. 1.B INDECENCY AND OBSCENITY Alcoholic beverage establishments Nudity or obscenity prohibited 5.90 Dancehalls Obscene or indecent behavior 6.31 Subd. 6 Shows Obscenity prohibited 6.32 Subd. 4 INDUSTRIAL DISTRICTS Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) INDUSTRIAL STRENGTH CHARGE Listing of uncoded ordinances in effect. See Chapter 25 INDUSTRY Sewer service Classification of industrial users 11.01 et seq. 3.40 Subd. 3 INNS Local lodging tax 2.80 INSPECTIONS Excavations and fills 4.30 Subd. 7 Pawnshop license requirements 6.45 Subd. 11 Protective inspections department 2.35 Shade tree disease control and prevention Inspection, diagnosis and abatement 10.20 Subd. 5 INSTRUMENTS Certain ordinances not affected by Code 1.14 Subd. 1 Supp. No. 3 CDi:20 • • • • • • CODE INDEX Section INSURANCE Beer, wine and liquor licensees Insurance certificate requirements 5.14 License requirements 6.10 Tree maintenance contractors' licensing 6.44 Subd. 3 INTEREST Local lodging tax 2.80 Subd. 10 INTERIM EMERGENCY SUCCESSION Duties of interim emergency council Local offices, succession to Purpose 2.10 Subd. 3 2.10 Subd. 2 2.10 Subd. 1 INTERSECTIONS Code definitions 1.02 INTOXICATED PERSONS Dancehalls Not to admit certain persons 6.31 Subd. 8 INVESTIGATIONS Beer, wine and liquor licensing and investigation fee5.02 Subd 3 Parades 7.07 Subd. 3 Street openings or excavations 7.06 Subd. 1 INVESTMENTS Community investment fund 2.79 IRRIGATION Streets City to control irrigation 7.08 Subd. 1 JUNK Abandoned motor vehicles Junk cars, furniture, household furnishings and appli- ances stored on public or private property K 2.70 Subd. 1 10.51 KENNELS Defined 6.38 Subd. 1 Exception 6.38 Subd. 3 License Required 6.38 Subd. 2 Zoning 6.38 Subd. 4 LABORATORIES Alcoholic beverages in certain buildings and grounds.. 5.17 Supp. No. 3 CDi:21 • • CODE INDEX Section LAND USE REGULATIONS (Zoning) A agricultural district Accessory uses 11.20 Subd. 3.0 Conditional uses 11.20 Subd. 3.B Permitted uses 11.20 Subd. 3.A Accessory structures Shoreland zoning 11.21 Subd. 9.D Accessory uses A agricultural district 11.20 Subd. 3.0 GB general business district 11.20 Subd. 11.D NB neighborhood business district 11.20 Subd. 10.0 Administration and enforcement 11.40 Agreements Planned development agreement 11.20 Subd. 8.D, 11.40 Subd. 6.0 Alterations Shoreland zoning Shoreland alterations 11.21 Subd. 9.I Amendments (including zoning) Floodplain zoning district 11.40 Subd. 5.H Initiation 11.40 Subd. 5.B Petitions 11.40 Subd. 5.0 Planning commission, referral to 11.40 Subd. 5.E Planning commission reports 11.40 Subd. 5.G Provisions 11.40 Subd. 5.A Public hearing Notice and procedure 11.40 Subd. 5.D Rezoning petition 11.40 Subd. 5.F Architectural standards 11.20 Subd. 6.I Area Minimum area requirements 11.20 Subd. 6 Multiple dwellings, minimum area requirements for 11.20 Subd. 6.B Standards and requirements 11.20 Subd. 15 Board of adjustments and appeals 11.40 Subd. 2 BP business park district Conditional uses 11.20 Subd. 19.0 Description 11.20 Subd. 19.A Permitted accessory uses 11.20 Subd. 19.D Permitted uses 11.20 Subd. 19.B Building exterior treatment; use districts Additional standards and requirements 11.20 Subd. 21.D Building permit reviews Petitions 11.40 Subd. 7.B Procedures 11.40 Subd. 7.0 Purpose 11.40 Subd. 7.A Bulk storage (liquid) Performance standards 11.30 Subd. 1.H Business districts BP business park district 11.20 Subd. 19 GB general business district 11.20 Subd. 11 Supp. No. 3 CDi:23 EAGAN CODE Section LAND USE REGULATIONS (Zoning) (Cont'd.) LB limited business district 11.20 Subd. 9 NB neighborhood business district 11.20 Subd. 10 RB roadside business district 11.20 Subd. 14 Conditional accessory uses NB neighborhood business district 11.20 Subd. 10.E Conditional use permits Application, public hearing, notice and procedure 11.40 Subd. 4.B Conditions 11.40 Subd. 4.D Denial for noncompliance 11.40 Subd. 4.E Expiration 11.40 Subd. 4.I Periodic review, term of permit 11.40 Subd. 4.G Permittee 11.40 Subd. 4.F Purpose 11.40 Subd. 4.A Revocation 11.40 Subd. 4.H Standards 11.40 Subd. 4.0 Conditional uses A agricultural district 11.20 Subd. 3.B BP business park district 11.20 Subd. 19.0 CSC community shopping center district 11.20 Subd. 12.0 E estate district 11.20 Subd. 4.B Floodplain district (FP) 11.80 Subd. 4.B GB general business district 11.20 Subd. 11.0 I-1 limited industrial district 11.20 Subd. 16.0 I-2 general industrial district 11.20 Subd. 17.B LB limited business district 11.20 Subd. 9.0 P public facilities district 11.20 Subd. 7.B RB roadside business district 11.20 Subd. 14.0 Residential districts 11.20 Subd. 5.B RSC regional shopping center district 11.20 Subd. 13.0 Shoreland zoning 11.21 Subd. 9.N CSC community shopping center district Conditional uses 11.20 Subd. 12.0 Description 11.20 Subd. 12.A Permitted accessory uses 11.20 Subd. 12.D Permitted uses 11.20 Subd. 12.B Definitions 11.03 Districts Regulations pertaining to districts. See herein spe- cific districts E estate district Conditional uses 11.20 Subd. 4.B Permitted accessory uses 11.20 Subd. 4.0 Permitted uses 11.20 Subd. 4.A Electrical emission Performance standards 11.30 Subd. 1.J Enforcing officer 11.40 Subd. 1 Excavation permit Planned development 11.40 Subd. 6.E Supp. No. 3 CDi:24 • • • • • • CODE INDEX LAND USE REGULATIONS (Zoning) (Cont'd.) Explosives Performance standards Floodplain district (FP) Conditional uses Permitted uses Prohibited uses Standards for floodplain uses Floodplain districts Floodplain regulations Abrogation and greater restrictions Compliance Definitions Findings of facts and purposes Flood insurance rate maps, adoption of Floodplain district (FP) Conditional uses Permitted uses Prohibited uses Standards for floodplain uses Floodplain evaluation procedure Certification of lowest floor elevations Notification to DNR Site evaluation Floodplain violations, special provisions for Final action Investigation Order General provisions Lands to which floodplain regulations apply Map interpretation Relationship to other city zoning regulations Shoreland zoning Variances, special provisions for floodplain variances Floodplain zoning districts Amendments GB general business district Accessory uses Conditional uses Description Permitted uses General provisions Accessory buildings and structures Additional requirements, exceptions and modifica- tions Antennae, satellite dishes, wind energy conversion systems and towers Application Architectural standards Supp. No. 3 CDi:25 Section 11.30 Subd. 1.K 11.80 Subd. 4.B 11.80 Subd. 4.A 11.80 Subd. 4.0 11.80 Subd. 4.D 11.20 Subd. 22, 11.80 11.80 Subd. 3.F 11.80 Subd. 3.E 11.80 Subd. 2 11.80 Subd. 1 11.80 Subd. 3.A 11.80 Subd. 4.B 11.80 Subd. 4.A 11.80 Subd. 4.0 11.80 Subd. 4.D 11.80 Subd. 5.0 11.80 Subd. 5.B 11.80 Subd. 5.A 11.80 Subd. 7.0 11.80 Subd. 7.A 11.80 Subd. 7.B 11.80 Subd. 3 11.80 Subd. 3.B 11.80 Subd. 3.0 11.80 Subd. 3.D 11.21 Subd. 9.0 11.80 Subd. 6 11.40 Subd. 5.H 11.20 Subd. 11.D 11.20 Subd. 11.0 11.20 Subd. 11.A 11.20 Subd. 11.B 11.10 Subd. 5 11.10 Subd. 19 11.10 Subd. 31 11.10 Subd. 1 11.10 Subd. 30 EAGAN CODE LAND USE REGULATIONS (Zoning) (Cont'd.) Building permit and certificate of occupancy Commercial and industrial site development Design and construction requirements (R-3 and R-4) for multiple dwellings Enclosure of trash and recyclables containers re- quired Fences Hours of operation Joint parking facilities Land reclamation and mining Landscaping Lot provisions Motor fuel station design (class I and II) Municipal utilities for residential development Nonconforming structures and uses Off -site off-street parking and off -site outdoor storage as conditional use Off-street loading areas Off-street parking areas, design and maintenance of Open sales lots Outdoor display by businesses Outdoor storage by businesses Placement of house on residential lot Platting for commercial and industrial Public address systems Public utility service Required off-street parking Required yards and open spaces Residential complex development Seasonal outdoor sales Separability Structures in public rights -of -way Temporary outdoor events Traffic visibility Tree preservation Glare and heat Performance standards Hearings Conditional use permits Height Additional setbacks for height Additional standards and requirements ; use dis- tricts Minimum height requirements Shoreland zoning Height of structures Historic sites Shoreland zoning, significant historic sites Supp. No. 3 CDi:26 Section 11.10 Subd. 11 11.10 Subd. 27 11.10 Subd. 24 11.10 Subd. 29.5 11.10 Subd. 20 11.10 Subd. 18 11.10 Subd. 28 11.10 Subd. 10 11.10 Subd. 15 11.10 Subd. 4 11.10 Subd. 21 11.10 Subd. 23 11.10 Subd. 3 11.10 Subd. 12.1 11.10 Subd. 14 11.10 Subd. 12 11.10 Subd. 17 11.10 Subd. 29.1 11.10 Subd. 29.2 11.10 Subd. 26 11.10 Subd. 25 11.10 Subd. 16 11.10 Subd. 8 11.10 Subd. 13 11.10 Subd. 6 11.10 Subd. 22 11.10 Subd. 29.4 11.10 Subd. 2 11.10 Subd. 9 11.10 Subd. 29.3 11.10 Subd. 7 11.10 Subd. 15.1 11.30 Subd. 1.F 11.40 Subd. 4.B 11.20 Subd. 6.0 11.20 Subd. 21.A 11.20 Subd. 6 11.21 Subd. 9.H 11.21 Subd. 9.F • • • s • CODE INDEX Section LAND USE REGULATIONS (Zoning) (Cont'd.) I-1 limited industrial district Conditional uses 11.20 Subd. 16.0 Permitted accessory uses 11.20 Subd. 16.D Permitted uses 11.20 Subd. 16.B Purpose 11.20 Subd. 16.A I-2 general industrial district Conditional uses 11.20 Subd. 17.B Permitted uses 11.20 Subd. 17.A Purpose 11.20 Subd. 17.A Industrial districts I-1 limited industrial district 11.20 Subd. 16 I-2 general industrial district 11.20 Subd. 17 Minimum area requirements 11.20 Subd. 20 Intent and purpose 11.01 Interim use permits Conditions 11.22 Subd. 2 Defmition 11.22 Subd. 1 Public hearings 11.22 Subd. 5 Revocation 11.22 Subd. 4 Termination 11.22 Subd. 3 LB limited business district Conditional uses 11.20 Subd. 9.0 Description 11.20 Subd. 9.A Permitted accessory uses 11.20 Subd. 9.D Permitted uses 11.20 Subd. 9.B Maps Floodplain regulations Map interpretation 11.80 Subd. 3.0 Multiple dwellings Minimum area requirements for 11.20 Subd. 6.B NB neighborhood business district Accessory uses 11.20 Subd. 10.0 Conditional accessory uses 11.20 Subd. 10.E Description 11.20 Subd. 10.A Permitted accessory uses 11.20 Subd. 10.D Permitted uses 11.20 Subd. 10.B Noise Performance standards 11.30 Subd. 1.A Nonconformities Shoreland zoning 11.21 Subd. 11 Odors Performance standards 11.30 Subd. 1.D P public facilities district Conditional uses 11.20 Subd. 7.B Permitted uses 11.20 Subd. 7.A PD planned development district Annual review, extension and termination 11.20 Subd. 8.E Determination 11.20 Subd. 8.B Planned development agreement 11.20 Subd. 8.D Supp. No. 3 CDi:27 EAGAN CODE Section LAND USE REGULATIONS (Zoning) (Cont'd.) Procedure 11.20 Subd. 8.0 Purpose and intent 11.20 Subd. 8.A Performance standards Purpose 11.30 Subd. 1 Permits Interim use permits 11.22 Shoreland zoning 11.21 Subd. 6.A Permitted accessory uses BP business park district 11.20 Subd. 19.D CSC community shopping center district 11.20 Subd. 12.D E estate district 11.20 Subd. 4.0 I-1 limited industrial district 11.20 Subd. 16.D LB limited business district 11.20 Subd. 9.D NB neighborhood business district 11.20 Subd. 10.D RB roadside business district 11.20 Subd. 14.D R-D research and development district 11.20 Subd. 18.D Residential districts 11.20 Subd. 5.0 RSC regional shopping center district 11.20 Subd. 13.D Permitted uses A agricultural district 11.20 Subd. 3.A BP business park district 11.20 Subd. 19.B CSC community shopping center district 11.20 Subd. 12.B E estate district 11.20 Subd. 4.A Floodplain district (FP) 11.80 Subd. 4.A GB general business district 11.20 Subd. 11.B I-1 limited industrial district 11.20 Subd. 16.B I-2 general industrial district 11.20 Subd. 17.A LB limited business district 11.20 Subd. 9.B NB neighborhood business district 11.20 Subd. 10.B P public facilities district 11.20 Subd. 7.A RB roadside business district 11.20 Subd. 14.B R-D research and development district 11.20 Subd. 18.B Residential districts 11.20 Subd. 5.A RSC regional shopping center district 11.20 Subd. 13.B Petitions Amendments 11.40 Subd. 5.C, F Building permit reviews 11.40 Subd. 7.B Fees 11.40 Subd. 10 Form 11.40 Subd. 8 Planned development 11.40 Subd. 6.B Planned development Cluster developments Shoreland zoning 11.21 Subd. 10 Excavation permit 11.40 Subd. 6.E Final development plans 11.40 Subd. 6.D Petitions 11.40 Subd. 6.B Planned development agreement 11.40 Subd. 6.0 Purpose 11.40 Subd. 6.A Supp. No. 3 CDi:28 • • • • • CODE INDEX LAND USE REGULATIONS (Zoning) (Cont'd.) Planning commission Amendment duties Prohibited uses Floodplain district (FP) Public hearings Amendments Interim use permits Publiclsemipublic, agricultural, forestry and extractive uses Shoreland zoning, special provisions for Public utility tower mounted antennae Radiation emission Performance standards RB roadside business district Conditional uses Description Permitted accessory uses Permitted uses R-D research and development district Permitted accessory uses Permitted uses Purpose Residential districts Conditional uses Permitted accessory uses Permitted uses Roads, driveways and parking areas Shoreland zoning Placement and design of RSC regional shopping center district Conditional uses Description Permitted accessory uses Permitted uses Rules of language construction Screening Additional standards and requirements Screening and landscaping requirements; use dis- tricts Setbacks Additional setbacks for heights Minimum setback requirements Sewage treatment Shoreland zoning Sewered areas Shopping center districts CSC community shopping center district RSC regional shopping center district Shoreland classification Supp. No. 3 CDi:29 Section 11.40 Subd. 5.E 11.80 Subd. 4.0 11.40 Subd. 5.D 11.22 Subd. 5 11.21 Subd. 9.M 11.10 Subd. 31.B.1 11.30 Subd. 1.I 11.20 Subd. 14.0 11.20 Subd. 14.A 11.20 Subd. 14.D 11.20 Subd. 14.B 11.20 Subd. 18.D 11.20 Subd. 18.B 11.20 Subd. 18.A 11.20 Subd. 5.B 11.20 Subd. 5.0 11.20 Subd. 5.A 11.21 Subd. 9.K 11.20 Subd. 13.0 11.20 Subd. 13.A 11.20 Subd. 13.D 11.20 Subd. 13.B 11.02 11.20 Subd. 21.B 11.20 Subd. 6.0 11.20 Subd. 6 11.21 Subd. 9.0 11.21 Subd. 8.B 11.20 Subd. 12 11.20 Subd. 13 11.21 Subd. 7 EAGAN CODE LAND USE REGULATIONS (Zoning) (Cont'd.) Shoreland zoning Abrogation and greater restrictions Administration Conditional uses Controlled accesses, lots for Definitions Dimensional requirements Enforcement Floodplain regulations General provisions Generally Height of structures Land use and shoreline zoning regulations Nonconformities Additions/expansions to nonconforming structures Construction and nonconforming lots of record Public utility connections Notifications of natural resources Permits required Placement and design of structures Planned development (cluster developments) Application for planned development Centralization and design of facilities Conversions Density increase multipliers Erosion control and stormwater management Existing unit conditions Maintenance and design criteria Open space standards Public utilities Residential and commercial planned development use Site evaluation Types of planned developments permitted Public/semipublic, agricultural, forestry and extrac- tive uses, special provisions for Purpose and intent Roads, driveways and parking areas, placement and design of Scope Shoreland alterations Shoreland classification Shoreland classification system Significant historic sites Stairways, lifts, landings and docks Steep slopes Stormwater management Subdivision provisions Variances Supp. No. 3 CDi:30 Section 11.21 Subd. 4 11.21 Subd. 6 11.21 Subd. 9.N 11.21 Subd. 9.A 11.21 Subd. 5 11.21 Subd. 8 11.21 Subd. 3 11.21 Subd. 9.0 11.21 Subd. 9 11.21 Subd. 6.0 11.21 Subd. 9.H 11.21 Subd. 7.B 11.21 Subd. 11.B 11.21 Subd. 11.A 11.21 Subd. 11.D 11.21 Subd. 6.D 11.21 Subd. 6.A 11.21 Subd. 9.B 11.21 Subd. 10.B 11.21 Subd. 10.J 11.21 Subd. 10.K 11.21 Subd. 10.F 11.21 Subd. 10.I 11.21 Subd. 10.L 11.21 Subd. 10.G 11.21 Subd. 10.H 11.21 Subd. 10.0 11.21 Subd. 10.E 11.21 Subd. 10. D 11.21 Subd. 10.A 11.21 Subd. 9.M 11.21 Subd. 1 11.21 Subd. 9.K 11.21 Subd. 2 11.21 Subd. 9.I 11.21 Subd. 7 11.21 Subd. 7.A 11.21 Subd. 9.F 11.21 Subd. 9.E 11.21 Subd. 9.G 11.21 Subd. 9.L 11.21 Subd. 9.P 11.21 Subd. 6.0 • • • • • CODE INDEX Section LAND USE REGULATIONS (Zoning) (Cont'd.) Water supply and sewage treatment 11.21 Subd. 9.0 Wetland protection regulations 11.21 Subd. 9.J Zoning compliance 11.21 Subd. 6.B Signs Additional standards and requirements Signage provisions; use districts 11.20 Subd. 21.0 Smoke and particulate matter Performance standards 11.30 Subd. 1.B Stairways, lifts, landings and docks Shoreland zoning 11.21 Subd. 9.E Steep slopes Shoreland zoning 11.21 Subd. 9.G Stormwater management Shoreland zoning 11.21 Subd. 9.L Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Subdivisions Shoreland zoning, subdivision provisions 11.21 Subd. 9.P Toxic or noxious matter Performance standards 11.30 Subd. 1.0 Uniform building code 11.20 Subd. 6.G Use districts A agricultural district 11.20 Subd. 3 Additional standards and requirements Building exterior treatment 11.20 Subd. 21.D Height 11.20 Subd. 21.A Screening and landscaping requirements 11.20 Subd. 21.B Signage provisions 11.20 Subd. 21.0 Area standards and requirements 11.20 Subd. 15 BP business park district 11.20 Subd. 19 Classification 11.20 Subd. 1 CSC community shopping center district 11.20 Subd. 12 E estate district 11.20 Subd. 4 Floodplain districts 11.20 Subd. 22 GB general business district 11.20 Subd. 11 I-1 limited industrial district 11.20 Subd. 16 I-2 general industrial district 11.20 Subd. 17 LB limited business district 11.20 Subd. 9 Minimum area, setback and height requirements 11.20 Subd. 6 NB neighborhood business district 11.20 Subd. 10 P public facilities district 11.20 Subd. 7 PD planned development district 11.20 Subd. 8 RB roadside business district 11.20 Subd. 14 R-D research and development district 11.20 Subd. 18 Residential districts 11.20 Subd. 5 RSC regional shopping center district 11.20 Subd. 13 Zoning map 11.20 Subd. 2 Variances Denial 11.40 Subd. 3.D Supp. No. 3 CDi:31 EAGAN CODE Section LAND USE REGULATIONS (Zoning) (Cont'd.) Floodplain variances, special provisions for 11.80 Subd. 7 Issuance 11.40 Subd. 3.0 Lapse of variance or appeal 11.40 Subd. 3.E Procedures 11.40 Subd. 3.B Purpose 11.40 Subd. 3.A Vibrations Performance standards 11.30 Subd. 1.E Waste material Performance standards 11.30 Subd. 1.G Water supply Shoreland zoning 11.21 Subd. 9.0 Water -oriented accessory structures Shoreland zoning 11.21 Subd. 9.D Wetland protection Shoreland zoning 11.21 Subd. 9.J Supp. No. 3 CDi:32 • • • • • CODE INDEX Section LANDSCAPING Lot landscaping Trailer coach park construction, design and operation requirements 4.40 Subd. 4.T Streets Regulation of grass, weeds, trees and landscaping7.08 LEASES Certain ordinances not affected by Code 1.14 Subd. 1 LEGAL DEPARTMENT Established 2.33 LIABILITY INSURANCE. See: INSURANCE LICENSES AND PERMITS Action on application, transfer, termination and dupli- cate license Duplicate license 6.03 Subd. 6 Granting 6.03 Subd. 1 Issuing 6.03 Subd. 2 Refusal and revocation 6.03 Subd. 5 Termination 6.03 Subd. 4 Transfer 6.03 Subd. 3 Adult -oriented businesses 6.49 See: ADULT -ORIENTED BUSINESSES Applications 6.02 Beer license requirements 5.30 et seq. See: ALCOHOLIC BEVERAGES Building permits 4.02 et seq. See: BUILDINGS Carrying or posting of license 6.05 Commercial turf fertilizer application 6.48 Conditional licenses 6.08 Dancehalls Permit requirements 6.31 Definitions 6.01 Dog and cat regulation and dog licensing 10.11 Excavations and fills Annual license fee 4.30 Subd. 4 Permit requirements 4.30 Fixing license fees 6.04 Gambling 6.35 Garbage, refuse and recycling haulers 6.37 Golf driving range 6.42 Subd. 2 Insurance requirements 6.10 Kennels 6.38 License denial and fixing rates Hearings 6.11 Subd. 3 Rates 6.11 Subd. 2 Right to deny 6.11 Subd. 1 Supp. No. 3 CDi:33 EAGAN CODE Section LICENSES AND PERMITS (Cont'd.) Liquor license requirements 5.50 et seq. See: ALCOHOLIC BEVERAGES Massage therapy establishment and massage therapist licenses 6.39 Mechanical amusement devices 6.30 Motorized golf carts used by persons with mobility impairment Permit requirements 8.08 Moving buildings Permits and special requirements for 4.10 Paintball sport facility 6.46 Parades 7.07 Subd. 2 Pawnshop licenses 6.45 Penalty for property owner 6.06 Pet shops 6.43 Subd. 2 Renewal of licenses 6.09 Responsibility of licensee 6.07 Shows 6.32 Sign permits and fees 4.20 Subd. 9 Solicitors 6.36 Special hunting permit 6.47 Stables 6.41 Street openings or excavations 7.06 Subd. 4 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Tobacco 6.34 Trailer coach park permits 4.40 Subd. 3 Tree maintenance contractors' licensing 6.44 Violation a misdemeanor 6.99 Water hydrant permit 3.20 Subd. 8 Water service permit regulations 3.20 Subd. 8 Workers' compensation 6.12 LIENS Municipal utility services and charges a lien 3.05 Subd. 8 LIGHTS AND LIGHTING Dancehalls regulation 6.31 Subd. 7 Street lighting system 3.60 LIQUOR Licensing and regulation See: ALCOHOLIC BEVERAGES 5.01 et seq. LITTER AND LITTERING Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.B LOCAL LODGING TAX Appeals 2.80 Subd. 13 Supp. No. 3 CDi:34 • • • • CODE INDEX Section LOCAL LODGING TAX (Cont'd.) Examination of return, adjustments, notices and de- mands 2.80 Subd. 4 Extension for filing or payment 2.80 Subd. 8 Failure to file a return 2.80 Subd. 6 Failure to remit tax payment 2.80 Subd. 7 Imposition of tax 2.80 Subd. 2 Interest 2.80 Subd. 10 Payment and returns 2.80 Subd. 3 Penalties 2.80 Subd. 9 Purpose and definitions 2.80 Subd. 1 Refunds 2.80 Subd. 5 Use of proceeds 2.80 Subd. 12 Violations 2.80 Subd. 11 LODGING TAX Local lodging tax LOTS Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Trailer coach park construction, design and operation requirements M MAPS. See: SURVEYS, MAPS AND PLATS MARCHES Parades 2.80 11.01 et seq. 4.40 Subd. 4.E 7.07 MASSAGE THERAPY ESTABLISHMENT AND MAS- SAGE THERAPIST LICENSES Definitions 6.39 Subd. 2 Massage therapist license Application 6.39 Subd. 5.B License fee 6.39 Subd. 5.D Required 6.39 Subd. 5.A Restrictions and regulations 6.39 Subd. 5.0 Massage therapy establishment Application for license 6.39 Subd. 4.B Condition of license and unlawful acts 6.39 Subd. 4.E Exception 6.39 Subd. 4.F License fee 6.39 Subd. 4.H License required 6.39 Subd. 4.A Manager or agent 6.39 Subd. 4.G Restrictions and regulations 6.39 Subd. 4.0 Unlawful acts 6.39 Subd. 4.D Prohibited establishments or operations 6.39 Subd. 3 Statement of policy 6.39 Subd. 1 MAY Code definitions 1.02 Supp. No. 3 CDi:35 EAGAN CODE Section MAYOR City council 2.02 et seq. See: CITY COUNCIL Salaries of mayor 2.11 Term of office of mayor 2.14 For transition to odd -year elections 2.16 See: ELECTIONS MECHANICAL AMUSEMENT DEVICES Licenses Definitions 6.30 Subd. 1 Required 6.30 Subd. 2 Unlawful use and devices 6.30 Subd. 3 MEETINGS Council meetings 2.02 et seq. See: CITY COUNCIL METERS Sewer service Metered water not discharged 3.40 Subd. 2 Water meters 3.20 Subds. 9, 10 MINNESOTA. See: STATE MINNESOTA STATUTES (Minn. Stat.) Code definitions Recreational motor vehicles Certain statutes adopted Snowmobiles, certain statutes adopted Traffic Chapters 168, 169 and 171 adopted by reference 1.02 8.07 Subd. 5 8.06 Subd. 2 8.01 MINORS Adult companionship/escort services Minors, services prohibited to 6.50 Subd. 6.F See: ADULT -ORIENTED BUSINESSES Adult -oriented businesses, minors prohibited in 6.49.0 See: ADULT -ORIENTED BUSINESSES Beer, wine and liquor license regulation 5.12 Curfew regulations 10.30 Dancehalls Not to admit certain persons 6.31 Subd. 8 Pawnshop licenses Requirements 6.45 Restricted hours of operation; minors 6.45 Subd. 10 MISDEMEANORS Certain ordinances not affected by Code Code definitions Penalties for each offense Penalties for specific acts, omissions, violations, etc See specific subjects as indexed Supp. No. 3 CDi:36 1.14 Subd. 1.A 1.02 1.09 • • • • • • CODE INDEX MISDEMEANORS (Cont'd.) Public protection, crimes and offenses See: PUBLIC PROTECTION, CRIMES AND OF- FENSES Violation a misdemeanor or a petty misdemeanor MOBILE HOMES AND MOBILE HOME PARKS Prohibited use and parking of mobile homes Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) MONIES OF CITY. See: FINANCES MONUMENTS AND MARKERS Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) MOTOR BOATS. See: BOATS AND BOATING Section 10.01 et seq. 1.03, 2.99 10.52 MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles Abandoning a motor vehicle 10.50 Disposal of Contracts and disposal 2.70 Subd. 1.H Custody 2.70 Subd. 1.B Definitions 2.70 Subd. 1.A Disposal of vehicles not sold 2.70 Subd. 1.G Immediate sale 2.70 Subd. 1.0 Notice 2.70 Subd. 1.D Public sale 2.70 Subd. 1.F Right to reclaim 2.70 Subd. 1.E Generally 2.70 Advertising or selling merchandise Parking for purpose of 9.15 Air pollution control 10.41 Boulevards and sidewalks, motorized vehicles prohib- ited on 7.11 Certain motorized vehicles permitted on boulevards7.12 Certain ordinances not affected by Code 1.14 Subd. 1.J City parking lots and ramps Parking rules in 9.11 Commercial vehicle parking 9.10 Exhibition driving Prima facie evidence 8.05 Subd. 1 Unlawful act 8.05 Subd. 2 Firearms Carrying and transporting of 10.10 Subd. 5 Garbage, refuse and recycling haulers 6.37 Left turns prohibited 8.04 Minnesota Statutes, chapters 168, 169 and 171 adopted by reference 8.01 Supp. No. 3 CDi:37 EAGAN CODE Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Mobile homes and recreational camping vehicles Definitions 10.52 Subd. 1 Prohibited use and parking of 10.52 Unlawful acts 10.52 Subd. 2 Motorized golf cart use by persons with mobility im- pairment Permit Application 8.08 Subd. 2 Conditions of permit 8.08 Subd. 5 Granting or denying issuance of permit 8.08 Subd. 3 One person permit 8.08 Subd. 4 Renewal of permit 8.08 Subd. 6 Required 8.08 Subd. 1 Revocation of permit 8.08 Subd. 7 Noise pollution regulations 10.42 Parades 7.07 Parallel' parking 9.06 Parking Advertising or selling merchandise, parking for the purpose of 9.15 City parking lots and ramps, parking rules in 9.11 Direction to proceed 9.05 General parking prohibitions 9.02 Impounding and removing vehicles Impounded vehicles, release of 9.12 Subd. 2 To whom information provided 9.12 Subd. 3 Vehicles in violation of parking regulations 9.12 Subd. 1 Parallel parking 9.06 Parking hours 9.08 Physically handicapped parking 9.16 Presumption 9.01 Recreational camping vehicle parking 9.03 Street, vehicle repair on 9.14 Streets without curb 9.07 Truck, trailer and commercial vehicle parking 9.10 Unattended vehicle 9.13 Unauthorized removal 9.04 Violation a misdemeanor or petty misdemeanor 9.99 Winter season parking 9.09 Parking, stopping and standing Certain ordinances not affected by Code 1.14 Subd. 1.J Parks and recreation areas, unlawful acts 10.23 Subd. 5 Permits Motorized golf carts used by persons with mobility impairment 8.08 Physically handicapped parking 9.16 Recreational camping vehicles Parking 9.03 Supp. No. 3 CDi:38 • • • • • • CODE INDEX Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Recreational motor vehicle Certain statutes adopted 8.07 Subd. 5 Definition 8.07 Subd. 2 Other unlawful act 8.07 Subd. 4 Purpose and intent 8.07 Subd. 1 Unlawful operation 8.07 Subd. 3 Repairs Vehicle repair on streets 9.14 Snowmobile Additional rules and regulations 8.06 Subd. 3 Certain statutes adopted 8.06 Subd. 2 Exception 8.06 Subd. 5 Other unlawful acts 8.06 Subd. 4 Purpose and construction 8.06 Subd. 1 Streets and sidewalks Generally 7.01 et seq. See: STREETS, SIDEWALKS AND OTHER PUB- LIC WAYS Parking on streets without curb 9.07 Vehicle repair on streets 9.14 Trailers Parking 9.10 Truck route 8.02 Trucks Parking 9.10 U-turns 8.03 Violation a misdemeanor or petty misdemeanor 8.99 Winter season parking 9.09 MOTORIZED GOLF CARTS Persons with mobility impairment, use by 8.08 MUNICIPAL AND PUBLIC UTILITIES. See: UTILITIES N NAME Code definitions 1.02 NATURAL PERSONS Person; code definitions extended and applied to 1.02 NOISE Noisy parties or gatherings 10.31 Pollution regulations Adoption of 10.42 Subd. 1 Alternative remedy 10.42 Subd. 3 Unlawful act 10.42 Subd. 2 NONCONFORMANCES Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Supp. No. 3 CDi:38.1 EAGAN CODE Section NONCONFORMANCES (Cont'd.) Nonconforming signs 4.20 Subd. 8 NUDITY Alcoholic beverage establishment prohibitions 5.90 NUISANCES Shade tree disease control and prevention Abatement of nuisance 10.20 Subd. 6 NUMBERS AND NUMBERING Building numbers 2.78 Dancehalls Numbers of persons admitted 6.31 Subd. 11 0 OBLIGATIONS Certain ordinances not affected by Code 1.14 Subd. 1 OBSCENITY. See: INDECENCY AND OBSCENITY OBSTRUCTIONS Limiting time of railway -street crossing obstruction 7.09 Public property, obstructions Condition 10.32 Subd. 7 Continuing violation 10.32 Subd. 6 Dumping on public property 10.32 Subd. 3 Fires 10.32 Subd. 2 Generally 10.32 Subd. 1 Signs and other structures 10.32 Subd. 4 Snow or ice on public property 10.32 Subd. 5 Streets, obstructions in 7.05 OFFENSES. See: PUBLIC PROTECTION, CRIMES AND OFFENSES OFFICERS AND EMPLOYEES City administrator Duties 2.09 Subd. 4 Generally 2.09 City clerk -treasurer Generally 2.13 et seq. See: CITY CLERK -TREASURER City employees park rule enforcement 10.23 Subd. 7 City offices 2.12 Subd. 2 Code definitions 1.02 Code reference to a public official 1.11 Compensation. See herein: Salaries Personnel Rules and regulations 2.71 Salaries Certain ordinances not affected by Code 1.14 Subd. 1.K City administrator 2.09 Subd. 5 Supp. No. 3 CDi:38.2 • • • • • • CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Departments generally 2.30 Subd. 3 Mayor and councilmembers 2.11 Terms of office for transition to odd -year elections 2.16 See: ELECTIONS Worker's compensation Contractors 2.12 Subd. 1 OPEN SPACES. See: YARDS AND OPEN SPACES OPENINGS Street openings 7.06 ORDINANCES, CODE OF. See: CODE OF ORDINANCES OUTDOOR SWIMMING POOLS Definitions 4.70 Subd. 1 Exceptions to fencing requirements 4.70 Subd. 3 Supp. No. 3 CDi:38.3 • • • CODE INDEX PUBLIC BUILDINGS, PLACES, ETC. Alcoholic beverages in certain buildings and grounds Streets and sidewalks See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Section 5.17 7.01 et seq. PUBLIC HEARINGS. See: HEARINGS PUBLIC PROPERTY. See: PROPERTY PUBLIC PROTECTION, CRIMES AND OFFENSES Abandoning a motor vehicle 10.50 Advertising Paraphernalia, advertising prohibited 10.34 Air pollution control 10.41 Alarms Fire, burglary and safety alarm regulations and requirements 10.43 Amusement places, entertainment or refreshment Curfew regulations 10.30 Subd. 4 Animals and fowl Animals in transit 10.12 Subd. 3 Carrier pigeons, harboring 10.12 Subd. 7 Definitions 10.12 Subd. 1 Housing 10.12 Subd. 5 Keeping 10.12 Subd. 2 Parks, animals in 10.23 Subd. 3 Treatment 10.12 Subd. 4 Trespasses 10.12 Subd. 6 Bites Animal bites 10.11 Subd. 10.B Boating and related water activities within the city Disturbance 10.24 Subd. 3 Exceptions 10.24 Subd. 2 General 10.24 Subd. 1 Ice fishing houses 10.24 Subd. 4 Pontoons and floating rafts 10.24 Subd. 6 Rules and regulations governing 10.24 Seasonal docks 10.24 Subd. 5 State laws, adoption of 10.24 Subd. 7 Bows and arrows Use of 10.10 Subd. 8 Carrier pigeons Harboring 10.12 Subd. 7 Certain ordinances not affected by Code 1.14 Subd. 1.A City employees Park regulations 10.23 Subd. 7 Code definitions 1.02 Curfew Exceptions 10.30 Subd. 5 Minors under the age of 16 10.30 Subd. 1 Supp. No. 3 CDi:43 EAGAN CODE Section PUBLIC PROTECTION, CRIMES AND OFFENSES (Cont'd.) Minors who are 16 or 17 years of age 10.30 Subd. 2 Parents and guardians 10.30 Subd. 3 Places of amusements, entertainment or refreshment 10.30 Subd. 4 Dangerous and potentially dangerous dogs 10.11 Subd. 7 Dangerous weapons and articles Acts prohibited 10.10 Subd. 3 Bows and arrows, use of 10.10 Subd. 8 Carrying and transporting of firearms 10.10 Subd. 5 Definitions 10.10 Subd. 1 Exception 10.10 Subd. 4 Firearms regulation 10.10 Subd. 2 Fireworks Possession and sale of 10.10 Subd. 6 Unused container, exposure of 10.10 Subd. 7 Discrimination in parks 10.23 Subd. 8 Dog and cat regulation and dog licensing Animal pound records 10.11 Subd. 5 Dangerous and potentially dangerous dogs 10.11 Subd. 7 Definition 10.11 Subd. 1 Disposition of certain animals 10.11 Subd. 8 Disposition of impounded dogs and cats 10.11 Subd. 4 Dog license required 10.11 Subd. 3 Immobilization of dogs or cats 10.11 Subd. 9 Public nuisance 10.11 Subd. 6 Rabies control 10.11 Subd. 10 Running at large prohibited 10.11 Subd. 2 Drug paraphernalia Civil forfeiture 10.34 Subd. 3 Definitions 10.34 Subd. 1 Possession, manufacture, delivery and advertise- ment prohibited 10.34 Prohibitions 10.34 Subd. 2 Dumping on public property 10.32 Subd. 3 Equipment Parks and recreation areas, unlawful acts 10.23 Subd. 5 Fire, burglary and safety alarm regulations and require- ments Definitions 10.43 Subd. 2 Purpose 10.43 Subd. 1 Regulations and requirements 10.43 Subd. 3 Schedule of payment rates 10.43 Subd. 4 Fire danger Storage, deposit and disposal of refuse 10.01 Subd. 4 Fire lane Signage requirements 10.40 Subd. 5 Firearms and weapons Parks and recreation areas, unlawful acts 10.23 Subd. 4 Supp. No. 3 CDi:44 • • • • • CODE INDEX STREETS, SIDEWALKS AND OTHER PUBLIC WAYS (Cont'd.) Dirt, clay or soil onto streets, tracking Diseased trees in streets Dumping in streets Excavations and fills Excavations. See herein: Street Openings or Excava- tions Garbage, refuse and recycling haulers Grass, weeds, trees, and landscaping, regulation of Assessment City may order work done City to control landscaping and irrigation Duty of property owners to establish and maintain turfgrass within street rights -of -way Trees within street rights -of -way, duty to maintain Investigations Parades Irrigation City to control Junk cars, furniture, household furnishings and appli- ances stored on public or private property Motorized vehicles prohibited on boulevards and side- walks Obstructions in streets Condition Continuing violation Dumping in streets Fires Generally Limiting time of railway -street crossing obstruction Signs and other structures Snow or ice in roadway or on a sidewalk, placing Tracking dirt, clay or soil into streets Orders of officers Painting or coloring curb and gutter, street and side- walk Parades Council action Definition Exceptions Investigation Permit Required Unlawful acts Parking Generally See: MOTOR VEHICLES AND TRAFFIC Streets without curb Supp. No. 3 CDi:53 Section 7.05 Subd. 5.1 10.20 Subd. 11 7.05 Subd. 3 4.30 6.37 7.08 Subd. 6 7.08 Subd. 5 7.08 Subd. 1 7.08 Subds. 2, 3 7.08 Subd. 4 7.07 Subd. 3 7.08 Subd. 1 10.51 7.11 7.05 Subd. 7 7.05 Subd. 6 7.05 Subd. 3 7.05 Subd. 2 7.05 Subd. 1 7.09 7.05 Subd. 4 7.05 Subd. 5 7.05 Subd. 5.1 7.03 Subd. 2 7.10 7.07 Subd. 4 7.07 Subd. 1 7.07 Subd. 6 7.07 Subd. 3 7.07 Subd. 2 7.07 Subd. 5 9.01 et seq. 9.07 EAGAN CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC WAYS (Cont'd.) Permits Parades 7.07 Subd. 2 Street openings or excavations 7.06 Subd. 4 Public works department 2.34 Railway -street crossing obstruction, limiting time of 7.09 Regulation of landscaping 7.08 Repairs Street openings or excavations 7.06 Subd. 5 Scope of provisions 7.03 Subd. 1 Sidewalks Trailer coach park construction, design and operation requirements 4.40 Subd. 4.G Signs and other structures Obstructions in streets 7.05 Subd. 4 Snow or ice in roadway or on a sidewalk, placing 7.05 Subd. 5 Street lighting system Costs 3.60 Subd. 3 Location 3.60 Subd. 2 Procedure 3.60 Subd. 4 Purpose 3.60 Subd. 1 Street openings or excavations Alternate method of charging 7.06 Subd. 7 Application 7.06 Subd. 1 Cost adjustment 7.06 Subd. 6 Investigation and payment of estimated costs 7.06 Subd. 2 Issuance of permit 7.06 Subd. 4 Protection of city in public 7.06 Subd. 3 Repairs 7.06 Subd. 5 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Traffic and parking control Boulevards and sidewalks, motorized vehicles prohib- ited on 7.11 Certain motorized vehicles permitted on boulevards 7.12 Council action 7.04 Subd. 1 Damaging or moving markers 7.04 Subd. 5 Parking restrictions and prohibitions 7.04 Subd. 4 Temporary restrictions 7.04 Subd. 2 Traffic restrictions and prohibitions 7.04 Subd. 3 Trees Regulation of trees 7.08 Truck routes designated 8.02 Vehicle repair on street 9.14 Violation a misdemeanor or petty misdemeanor 7.99 Weeds Regulation of grass, weeds, trees and landscaping7.08 Supp. No. 3 CDi:54 • • • • • Chapter 11 LAND USE REGULATIONS (ZONING)* Sec. 11.01. Intent and purpose. Sec. 11.02. Rules of language construction. Sec. 11.03. Definitions. Secs. 11.04-11.09. Reserved. Sec. 11.10. General provisions. Secs. 11.11-11.19. Reserved. Sec. 11.20. Use districts. Sec. 11.21. Shoreland zoning. Sec. 11.22. Interim use permits. Secs. 11.23-11.29. Reserved. Sec. 11.30. Performance standards. Secs. 11.31-11.39. Reserved. Sec. 11.40. Administration and enforcement. Secs. 11.41-11.79. Reserved. Sec. 11.80. Floodplain regulations. Secs. 11.81-11.98. Reserved. Sec. 11.99. Violation a misdemeanor. *Cross references —Planning and zoning department, § 2.36; construction licensing, permits and regulation, including signs, excavations and mobile home parks, ch. 4; subdivision regulations, ch. 13. State law reference —Zoning, Minn. Stat. § 462.357. CD11:1 • • • LAND USE REGULATIONS (ZONING) § 11.03 Sec. 11.01. Intent and purpose. This chapter is adopted for the purpose of (1) protecting the public health, safety and general welfare; (2) dividing the city into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, and percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; (3) promoting orderly development of the residential, business, industrial, recreational and public areas; (4) providing adequate light, air and convenience of access to property; (5) limiting congestion in the public rights -of -way; (6) preventing the overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (7) providing for the compatibility of different land uses and the most appropriate use of land throughout the city; (8) providing for the more orderly transition from a rural to an urban or suburban environment; (9) providing for the administration of this chapter and amendments thereto; (10) defining the powers and duties of the administrative officers and bodies, as provided hereinafter; and, (11) prescribing penalties for the violation of the provisions of this chapter or any amendment thereto. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.01, eff. 1-1-83) Sec. 11.02. Rules of language construction. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in such definition thereof. All measured distances expressed in feet shall be the nearest tenth of a foot. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.02, eff. 1-1-83) Sec. 11.03. Definitions. The following terms, as used in this chapter, shall have the meanings stated: Abutting means making contact with or separated only by public thoroughfare, railroad or public right-of-way. Accessory use or structure means a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Addition means an extension or increase in floor area or height of a building or structure. Amusement device; mechanical amusement device means, as used herein, a machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description or which may be used for any such game, contest or amusement and which contains no automatic payoff device for the return of money coins, checks, tokens or merchandise or which provides for no such payoff by any other means or manner. Architectural concrete means a building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the architectural design of the building and is available in a variety of colors. CD11:3 § 11.03 EAGAN CODE Automobile reduction yard means a lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of scrap, storage or abandonment. Automobile repair, major means general repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service. Automobile repair, minor means the replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross weight. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Building means any structure used or intended for supporting or sheltering any use or occupancy. Building coverage means the area of a lot covered by building(s). Building height means the vertical distance above "grade," as herein defined, to the highest point of a flat roof or a mansard roof or to the highest gable of a pitched or hipped roof. Carport means an automobile shelter having one or more sides. Carwash means any building or portions thereof used for the cleaning or washing of automobiles. Case in place panel means a building wall section of concrete poured into place in a form at the building construction site. Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. Commission means the planning commission of the city. Conditional use permit means a permit specially and individually granted by the council after review thereon by the planning commission for any conditional use so permitted in any use district. Day care facility means a facility licensed by the state or county, public or private, which, for gain or otherwise, regularly provides care of one or more children on a Legular basis, for periods of less than 24 hours per day, in a place other than the child's own home. Decorative block means a masonry building block or cast concrete and aggregate rock that has a split -rock, brick -like, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors. CD 11:4 • • • • • LAND USE REGULATIONS (ZONING) § 11.03 Dwelling means a building or one or more portions thereof occupied or intended to be occupied for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, mobile homes, tents, cabins or trailer coaches. Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Dwelling, detached means a single dwelling unit not attached to another dwelling or structure. Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. Essential services means underground and overhead gas, electrical, steam, or water distribution systems; collector, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, traffic signals, hydrants or similar equipment and accessories in conjunction therewith, including city buildings. Excavation means the removal, filling with, or storage of rock, sand, dirt, gravel, clay or other like material. Excavation permit means a permit to remove, excavate, or store rock, sand, gravel, dirt, clay or other like material, issued by the city. Face brick means a masonry building block or clay baked in a kiln until hard. Family means an individual or two or more persons each related by blood, marriage, or adoption living together as a single housekeeping unit; or a group of not more than five persons not so related maintaining a common household and using common cooking and kitchen facilities. Farm means a parcel of land having an area of ten acres or more (five acres for truck farms) which is under cultivation or is fenced and utilized as pasture. Fence, for the purpose of this chapter, means any partition, hedge, structure, wall or gate erected as a dividing marker, barrier, or enclosure and located along the boundary or within the required yard. A fence in excess of six feet in height shall be considered a structure. Financial institution means establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, buyers, sellers, agents and developers of real estate. Flood means a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Flood frequency means the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. CD11:5 § 11.03 EAGAN CODE Flood fringe means that portion of the floodplain outside of the floodway and which has been or hereafter may be covered by the regional flood. Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas within the city shall encompass all areas designated as zone A on the flood insurance rate maps prepared by the Federal Emergency Management Agency. 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 channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. Floor area means the area included within the surrounding exterior wall of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Garage. Single garage has a minimum ten -foot width and a minimum of 240 square feet. Double garage has a minimum width of 20 feet and a minimum length of 22 feet. Garage sale means any display of goods and/or salesmen's samples and sale of said goods on a property customarily used as a residence. The person(s) conducting the sale shall be a resident(s) of the immediate neighborhood. Grade means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and the line five feet from the building. Health and fitness club means an indoor facility designed and equipped for the conduct of sports, exercise, leisure time activities or other customary and usual recreational activities, operated for profit or not -for -profit, and which can be open only to bona fide members and guests of the organization or open to the public for a fee. Health care facility means establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. Home occupation means any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure, when evidence of the occupation is not visible from the street, when no signs are present other than those permitted in the R districts, no stock in trade is stored on the premises, over-the-counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites, but not for CD11:6 • • • • • • LAND USE REGULATIONS (ZONING) § 11.03 the general practice of his profession when such general practice will involve the need for more than three parking spaces for the occupant and visitors. No accessory buildings or attached garage shall be used for such home occupations. Home occupations include professional offices, minor repair services, photo or art studios, dressmaking, teaching limited to three students at any one time, and similar uses. A home occupation shall not be interpreted to include beauty or barber shops, tourists homes, restaurants or similar uses; however, these may be allowed as permitted under section 11.20 of this chapter. Horticulture means the production and storage of fruits, vegetables, and keeping, raising or production of livestock. Hotel/motel means a building or group of buildings offering transient lodging accommo- dations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities. Junkyard means an area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled, or handled, including but not limited to scrap iron and other metals, rags, paper, rubber products, bottles and lumber. Storage of such materials in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Kennel means as defined in section 6.38 of the City Code. Land reclamation means depositing 400 cubic yards or more of materials so as to elevate the grade. Loading berth means an unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise as more fully described in section 11.10. Lot means a parcel of land occupied or used or intended for a purpose or use permitted in this chapter, abutting on a public street, and of sufficient size to provide the yards and area required by this chapter. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area which has been dedicated as public thoroughfare or road. Lot area per unit means the number of square feet of lot area required per dwelling unit. Lot, corner means a lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot line means the property line bounding a lot. CD11:7 § 11.03 EAGAN CODE Lot line, front means that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. Lot line, rear means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot connecting the side lot lines and parallel to the front lot line. Lot line, side means any boundary of a lot which is not a front lot line or a rear lot line or a lot line along a public street. Lot of record means part of a subdivision approved by the city, the plat of which has been duly recorded in the office of the county recorder or registrar of titles, or a parcel of land, the deed to which was recorded in the office of said county recorder, registrar of titles, prior to the adoption of this chapter which meets the minimum requirements of state law and all City Code provisions in effect upon the date of said recording. Lot, through means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. Lot width means the distance measured between lot lines, parallel to the front lot line at the minimum required front yard setback. Mining means the extraction of sand, gravel or other material from the land in the amount of 3,000 cubic yards or more. Motel. See "Hotel/motel." Motor freight terminal means a building or area in which freight brought by motor truck or rail is assembled and/or stored for routing to interstate or intrastate by motor truck. _ Motor fuel station class 1 means a place or business engaged in only the sale of motor fuels, incidental petroleum products and providing minor automobile services as defined herein. Motor fuel station class 11 means a place of business engaged in the sale of motor fuels and dispensing of services generally associated with the operation and maintenance of motor vehicles, including major auto or truck repair facilities. Nonconforming structures means any structure permitted by existing City Code provi- sions upon the effective date of its construction which would not conform to the applicable regulations if the structure had been erected under the provisions of subsequent ordinance(s). Nonconforming use means use of land, buildings or structures which does not comply with all the regulations of the City Code governing the zoning district in which such use is located, adopted subsequent to the initiation of said use. Nursery, day means a use where care is provided for pay for more children than those of one family in addition to the family residing on the premises. Office means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. CD11:8 • • • • • LAND USE REGULATIONS (ZONING) § 11.03 Office /showroom means a multitenant building with gross floor area consisting of at least 30 percent finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Office / warehouse means a multitenant building with gross floor area consisting of at least 15 percent finished office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Outdoor storage means to display, stock, keep, sell or trade outside a commercial or industrial building any items of merchandise, supplies, materials, finished goods, inventory or other movable property, trash receptacles, or motor vehicles. Parking space means a suitably surfaced or permanently maintained area on privately owned property of sufficient size to store one motor vehicle either within or outside of a building. Performance standard means criteria established to control noise, odor, toxic or noxious matter, vibration, fire or explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Plain concrete block means a masonry building block of cast concrete that has no additional surface texturing. Planned development means an urban development developed according to an approved overall plan (1) having two or more principal uses (within a single plat) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or (2) having a single use which does not comply with all of the restrictions of any one zoning district. Planned development zoning shall be allowed only where the council determines that, because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area. Precast panel means a building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation. Processing means the crushing, washing, compounding or treating of rock, sand, gravel or similar materials. Public hearing, unless otherwise specifically redefined, means a public hearing pursuant to a notice published once in the official newspaper of the city at least ten days prior to the date of such hearing, which notice shall specify the general purpose, time and place of such hearing. Any such hearing after such publication may be continued, recessed or adjourned, from time to time, without any further publication or notice thereof. CD 11:9 11.03 EAGAN CODE Public utility services means the providing of electric power, gas, telephone, sanitary sewer and water. Publication means notice placed in the official city newspaper stating time, location, and date of meeting and description of topic. Regional flood means a flood which is representative of large 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 of the 100-year recurrence interval. Regional flood is synonymous with 100-year floodplain and with the term "base flood" used in the flood insurance rate map. Rental shop means a business operated within a principal structure and engaged exclusively in providing movable property to another for temporary use in exchange for consideration paid, except for the incidental sale of accessories related to those items rented. Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Restaurant, class I —Traditional restaurant means an eating facility where food is served to a customer and consumed by him while seated at a counter or table. Cafeteria means an eating establishment where food is selected by a customer while going through a serving line and taken to a table for consumption. Restaurant, class II —Fast food means a majority of the customers order food and are served their food at a counter and then take their food to a table or counter where it is consumed. However, a significant number may take their food outside to eat in an automobile or off the premises. Drive-in restaurant means most customers consume their food in an automobile regardless of how it is served. Carryout and delivery restaurants means food is prepared for consumption off the premises only. Retail sales means a use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Setback. A. For purposes of measuring the setback between a building, structure, or use and a lot line that is contiguous to or a common boundary for an adjacent lot, the setback is the horizontal distance from the lot line to the nearest point of the building, structure or use located or to be located on the lot. B. For purposes of measuring the setback between a building, structure or use, including a parking area, and a street right-of-way, as defined in chapter 1 and to include any easement, conveyance or other grant to the county or state, the setback is the horizontal distance from the edge of said street right-of-way which abuts the lot to the nearest point of the building, structure or use, including any parking area, located or to be located on the lot. CD11:10 • o • • LAND USE REGULATIONS (ZONING) § 11.03 Sign means as defined in section 4.20 of the City Code. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under -floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar or unused under -floor space shall be considered a story. Street means a public right-of-way which affords a primary means of access to abutting property. Structure means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, and other similar items. Synthetic stucco means a nonbearing exterior wall cladding system providing both insulation value and finished exterior surface (e.g., EIFS panels). Technical, business or vocational school means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility. Thoroughfare means those streets as shown on the city thoroughfare plan at the right-of-way widths indicated. Townhouse means a single-family building having one or more walls in common with another single-family building oriented so all exits open directly to the outside. Use means the purpose of activity for which the land or building thereon is designated, arranged or intended or for which it is occupied. Use for accessory, special or conditional. See definitions contained herein. Use, permitted means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such districts. 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. Yard means a required open space on a lot which is unoccupied and unobstructed by a building from its lowest ground level to the sky, except as expressly permitted by this chapter. A yard shall extend along a lot line and at right angles to such a lot line to a depth or width specified in the yard regulations for the district in which such lot is located. CD11:11 § 11.03 EAGAN CODE Zoning district means an area or areas within the limits of the city for which the regulations and requirements governing use, lot and size of building and premises are uniform. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 8-8-80; Code 1983, § 11.03, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 176, 2nd series, eff. 1-26-94; Ord. No. 188, 2nd series, eff. 11-17-94; Ord. No. 191, 2nd series, eff. 1-5-95; Ord. No. 202, 2nd series, eff. 5-11-95; Ord. No. 214, 2nd series, eff. 3-28-96) Secs. 11.04-11.09. Reserved. Sec. 11.10. General provisions. Subd. 1. Application. A. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. B. Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, City Code provision, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. C. Except as in this chapter specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter. Subd. 2. Separability. It is hereby declared to be the intention of the council that the several provisions of this chapter are separable in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provisions of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment. B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. Subd. 3. Nonconforming structures and uses. A. Policy. It is the policy of the city that nonconforming structures and nonconforming uses in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a uniform use of and within the districts established within this chapter. CD11:12 • • • • • • LAND USE REGULATIONS (ZONING) § 11.10 B. Expansion of use. The expansion of an existing nonconforming use shall not be permitted, and no land shall be used by any person or in any manner which is not in conformity with this chapter. C. Alteration or enlargement of structure. Except as provided herein, no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this chapter. No structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any matter upon any land upon which a nonconforming use is conducted. D. Maintenance and repair. Routine maintenance and repair may be made to a nonconforming structure or any structure upon land upon which a nonconforming use is conducted, provided the market value of the structure does not increase as a result of such maintenance and repair. E. Abandonment. Any nonconforming structure or nonconforming use shall be deemed abandoned and thereafter shall be discontinued, when any nonconforming structure is not used or any nonconforming use is discontinued for a period greater than six months for any reason. F. Variances. No provision hereunder shall preclude a request for a variance, as governed by this chapter, for the erection or reconstruction of a nonconforming structure. This provision does not apply to any nonconforming uses. G. Scope of application. The provisions of this subdivision shall apply to all existing nonconforming uses or structures under the provisions of the Code in effect prior to the effective date of Ordinance No. 189, which amended this subdivision to read as provided herein. Subd. 4. Lot provisions. A duly created lot of record shall be deemed a buildable lot, provided all of the following are met: A. The lot shall have a minimum of 60 feet of frontage on a public street or the lot shall have been approved in platting a condominium project or an attached dwelling project wherein a contiguous lot, owned in common, provides said frontage. B. There shall be no more than one principal building on one lot except when approved as a part of a planned development. C. The lot shall be capable of supporting a building(s). D. The lot shall be of sufficient size to accommodate a building(s) within the minimum required building setbacks for the particular zoning district in which it is located. Subd. 5. Accessory buildings and structures. A. Accessory buildings and structures related to a farming operation and on a farm may be located anywhere on the lot, except that a building for housing more than two animal units shall be not less than 50 feet from lot line and all buildings shall conform to yard regulations. CD11:13 § 11.10 EAGAN CODE B. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in an E or R district prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to the construction of a residence can be used only for storage purposes pertaining to and until the completion of the main structure. C. No accessory building shall be less than the minimum required setback for the principal building along the street, side, and rear lot lines as required by subdivision 6 of section 11.20. D. Unless otherwise herein specified, no accessory building shall exceed the height of the principal building except when on a farm and related to a farming operation. Subd. 6. Required yards and open space. A. Whenever a park or play area is so located that it abuts on a public right-of-way or railroad right-of-way, either a landscaped yard area of at least 30 feet shall be maintained from such right-of-way and the nearest developed play space, or a fence in conformity with subdivision 20 of this section, or similar barrier may be used. This section shall apply to all public and private parks, schools, churches and areas where play areas are provided. B. No yard or open space existing upon the effective date of this section shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this section. C. The following shall be the minimum required building setback for any building in any yard in all zoning districts along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current city thoroughfare plan: Thoroughfare Interstate or state highway Major thoroughfare Major thoroughfare Minor thoroughfare Right -of -Way Width Minimum Setback 50 feet 50 feet or 125 feet from right-of-way centerline, whichever is greater. 50 feet or 100 feet from right-of-way centerline, whichever is greater. 40 feet or 80 feet from right-of-way centerline, whichever is greater. D. The council may waive the required side yard setback requirement in all districts, if two legal lots of record are held in one ownership and are combined by the county assessor as one tax parcel. Subd. 7. Traffic visibility. On all corner lots in all districts, no structure or planting in excess of 30 inches above the abutting curbline shall be permitted within a triangular area defined as follows: beginning at the intersection of the project curblines of two intersecting streets, thence 30 feet along one curb diagonally to a point 30 feet from the point of beginning of the other curbline, thence to the point of beginning. Cross references —Subdivisions, ch. 7; traffic regulations, ch. 8. 150 feet 100 feet 80 feet CD11:14 • • • • • LAND USE REGULATIONS (ZONING) ss 11.10 Subd. 8. Public utility service. It is unlawful for any person to install, construct, erect, alter, revise, reconstruct or move any pipeline, underground telephone line, underground electric transmission line, and overhead electric transmission line including structures related thereto or any other public utility device or related structure, without first obtaining a written permit from the city. All persons obtaining a written permit pursuant to this subdivision shall be subject to those standards and regulations set forth in and as a condition of the permit issued pursuant to this subdivision. In issuing said permit, the city shall find that: A. The proposed location of the essential service shall not unreasonably interfere with future land use of the city. B. The depth of any buried essential services shall be at a depth that will not cause future problems with roads, streets, utilities or buildings. C. The width of any linear easements or rights -of -way shall not be such that it will unreasonably interfere with future land use. Cross reference —Municipal and public utilities, ch. 3. Subd. 9. Structures in public rights -of -way. No buildings, structures or uses may be located in or on any public lands or rights -of -way without approval by the council. Subd. 10. Land reclamation and mining. Land reclamation and mining shall be permit- ted in all districts by conditional use permit and otherwise licensed or regulated by other City Code provisions. A. The conditional use permit shall include, as a condition thereof, an approved finish grade plan which will not adversely affect the adjacent land. B. An approved program for regulating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstable slopes, material dispersed from wind or hauling of material to or from the site and general mainte- nance of the site. Subd. 11. Building permit and certificate of occupancy. No structure shall be erected or structurally altered until a building permit is issued by the city. No structure except one- or two-family dwellings shall be occupied after construction until a certificate of occupancy has been issued by the city. Cross reference —Construction licensing and permitting, ch. 4. Subd. 12. Design and maintenance of off-street parking areas. A. Drainage. All parking lots, except those for less than four vehicles, shall be graded according to a drainage plan which has been approved by the city engineer. Catchbasins, sumps, and underground storm sewers may be required, and all such lots and driveways shall be surfaced with a material to control dust and drainage as approved by the city engineer. B. Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic. CD11:15 § 11.10 EAGAN CODE C. All off-street parking areas shall be constructed with curbs or similar barriers to contain all vehicles. D. All off-street parking areas for four vehicles or more shall be constructed with concrete curbs. E. Where a parking lot for four or more vehicles is located adjacent to or across the street from a residential use, a solid screen shall be constructed and maintained of not less than 3'/2 feet in height to capture the vehicle light beams and muffle the vehicle noise. F. Driveways may only exceed a grade of ten percent where approved by the city engineer. A level area shall be provided for an automobile in front of the garage on residential lots. Subd. 12.1. Off-street parking and outdoor storage as conditional use. A. Scope of application. For purposes of this subdivision only, off-street parking and outdoor storage shall mean such activity as a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off-street parking or outdoor storage on the servient parcel. B. Conditional use permit application. All applications for a conditional use permit for off-street parking and outdoor storage shall include a detailed, to -scale site plan specifying the dimensions, location, design and compliance with the performance standards set forth herein. C. Performance standards, termination and noncompliance. 1. Standards. No off-street parking or outdoor storage, as described in subpara- graph A, shall be permitted unless the following conditions are met, in addition to those standards set forth in subdivision 4 of section 11.40: (a) The dominant parcel, which shall be served by the off-street parking or outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel. (b) The parcel on which the off-street parking or outdoor storage is located and the dominant parcel which the off-street parking or outdoor storage serves shall be within the same zoning districts, provided in R-4 districts the servient parcel shall be within a R-4 district, limited business LB, neighbor- hood business NB, general business GB, community shopping center CSC, regional shopping center RSC, RB access use, limited industrial I-1, general industrial I-2, and research/development district RD. (c) The servient parcel on which the off-street parking or outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off-street parking or outdoor storage area. (d) The off-street parking area shall meet the requirements set forth in section 11.10, subdivision 12, herein. CD11:16 • • • • • • LAND USE REGULATIONS (ZONING) * 11.10 (e) The outdoor storage area shall meet the requirements set forth in section 11.10, subdivision 29(c)(1), except those provisions governing building or height restrictions. 2. Termination. Any conditional use permit issued under this subdivision or any right to obtain a conditional use permit under this subdivision shall terminate upon the development of the servient lot on which the off-street parking or outdoor storage area is located or upon the termination of the principal use located on the dominant parcel to which the off-street parking or outdoor storage area serves, whichever occurs first. 3. Noncompliance. Failure to comply with any of the standards or conditions set forth herein or in the conditional use permit or any other violation of City Code provisions shall constitute sufficient cause for the termination of the conditional use permit by this council following a public hearing. Subd. 13. Required off-street parking. The following minimum parking spaces shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth. Where a specific requirement is not stated, the council shall determine the adequacy of parking when approving a site plan. A. Single-family dwelling. At least two parking spaces for each dwelling unit. A garage will fulfill this requirement. B. Two-family dwellings. At least two parking spaces for each dwelling unit. A garage will fulfill this requirement. C. Multiple dwellings, including townhouses, apartments and condominiums. 1. No detached garages shall be permitted. All garages shall be attached or underground. 2. On all buildings at least one enclosed or underground garage space per unit and at least one outdoor parking space per unit shall be provided. D. Motel. At least one space for each dwelling unit or lodging room, plus one additional space for each eight units. Additional spaces shall be required for liquor or restaurant facilities. E. Church, club. At least one parking space for each 3'/z seats based on the design capacity of the main assembly hall. F. Hospital. At least 1'/2 parking spaces for each patient bed. G. Sanitarium, convalescent home, rest home, nursing home or institution. At least one parking space for each six beds for which accommodations are offered, plus one additional parking space for each 15 beds. H. Medical or dental clinic. At least three parking spaces for each staff doctor practicing on the premises at any one time or one space for each 150 square feet of gross floor area, whichever is greater. CD11:17 § 11.10 EAGAN CODE I. Theater. At least one parking space for each three seats. J. Drive-in food establishment. Said parking space requirement shall be determined by the council when reviewing the site plan, and shall be based upon prior experience. K. Bowling alley. At least five parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. L. Motor fuel station. At least four off-street parking spaces plus two off-street parking spaces for each service stall. M. Retail store. At least one off-street parking space for each 150 square feet of floor area up to a total floor area of 20,000 square feet. Thereafter, one space shall be required for each 200 square feet of floor area. N. Restaurants, cafes, bars, taverns, nightclubs. At least one parking space for each three seats based on capacity design. O. Banks, savings and loan. At least one parking space for each 250 square feet of gross floor area plus five stacking spaces for each drive-in window. P. Offices. At least one parking space for each 150 square feet of net leasable floor area. Q. Furniture store, appliance store, wholesale and warehouse up to 6,000 square feet. At least one parking space for each 400 square feet of gross floor area. R. Manufacturing, fabricating or processing of a product. Said parking requirements shall be determined by the council when reviewing the site plan, and shall be based upon prior experience. Subd. 14. Off-street loading areas. A. All loading areas, including maneuvering area, shall be off street and shall be located on the same lot as the building or use to be served. B. Loading areas shall not be permitted along the front side of a building. C. Where a loading area faces a public street, a minimum 40-foot-wide landscaped yard, including berms, and vegetation shall be provided and maintained along said public street. D. Where a loading area is proposed within 300 feet of any residential district, a conditional use permit shall be required. In issuing said permit, the council shall find that said loading area shall be developed in a manner so as not to have a detrimental effect upon the adjoining residential area. Subd. 15. Landscaping. A. Findings, purpose and scope. 1. The council finds: (a) Trees produce oxygen, a necessary element for human survival; (b) Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air breathed; CD11:18 • • LAND USE REGULATIONS (ZONING) ss 11.10 (c) Trees transpire considerable amounts of water each day, thereby purifying the air; (d) Trees participate in the natural process of neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers; (e) Trees, through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control; (f) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and (g) Trees affect the desirability of land and its property values. 2. Purpose. Based on the foregoing findings, the council declares that it is desirable and essential to the health, safety, and welfare of the city to protect certain existing trees and plant materials, to require new and additional plant materials and trees, to prohibit the planting of certain species and to require the mainte- nance of plant materials and trees as set forth in this subdivision. 3. Scope. The provisions of this subdivision shall apply only to privately owned property, excluding any property within public rights -of -way which are regulated in chapter 7 of the City Code. B. Landscape plan. 1. Plan required. A landscape plan shall be approved by the city and implemented by the property owner: (a) For any new development or new building construction in any commercial, multiple residential (R-2, R-3 and R-4), industrial institutional zoning district, and planned development districts, except as otherwise provided by specific planned development agreements; (b) For any existing commercial, industrial or institutional building to be expanded by ten percent or greater square feet, where an approved landscape plan is not on file with the city; and (c) No building permit for any construction described in items (a) and (b) of this subparagraph shall be issued unless a landscape plan required hereunder is approved by the city. (d) The plan as required under item (b), above, may be implemented over a period of three years, and a performance guarantee shall not be required. However, if the plan is not fully implemented within three years, the city may complete the landscaping and, if necessary, attempt to recover its cost from the benefitted property for the improvement by billing or assessment, as appropriate. CD11:19 11.10 EAGAN CODE 2. Landscape plan required. In every case where landscaping is required by provision of the City Code or by an approval granted by the city, for a building or structure to be constructed on property, the applicant for the building permit shall submit a landscape plan prepared in accordance with the provisions of this subdivision. The landscape plan shall include the following information: (a) General. Name and address of developer, owner, and contact person; name and address of state -registered landscape architect, or state -certified nurseryperson; date of plan preparation; date and description of all revisions; name of project or development. (b) Site map. One scale drawing of the site based upon a survey of property lines with indication of scale and north point; name and alignment of proposed and existing adjacent on -site streets; location of all proposed and existing utility easements and rights -of -way; location of existing and proposed buildings; topographic contours using main sea level datum at two -foot contour inter- vals; existing and proposed location of parking areas; water bodies; proposed sidewalks and trails. (c) Two scale drawings of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; existing and proposed topographic contours using mean sea level datum at two -foot intervals; details of proposed planting beds and foundation plantings; delin- eation of both sodded and seeded area; location and identification of proposed landscape or manmade materials used to provide screening from adjacent and neighboring properties; location and identification of trees; details of fences, tie walls, planting boxes, retaining walls, berms and other landscape improvements and details in legible scale; location of landscape islands and planter beds with identification of plant materials used. (d) Planting schedule. A table containing the common names and botanical names, size of plant materials, root specifications, quantities, and special planting instructions. 3. Performance guarantee. (a) A performance guarantee shall be required to insure completion and main- tenance of all landscaping in accordance with the approved landscape plan required hereunder. (b) The performance guarantee shall be approved in form as to security by the city. (c) The performance guarantee shall be in the amount of $5,000.00, subject to modification by the council. (d) The performance guarantee shall cover one full calendar year subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the city. CD11:20 • • • • • LAND USE REGULATIONS (ZONING) § 11.10 (e) For any landscaping or screening that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. C. Landscape specifications. 1. Definitions. For the purpose of this subdivision, the following definitions shall apply: (a) Caliper means the length of a straight line measured through the trunk of a tree six inches above ground level. (b) Coniferous/evergreen tree means a woody plant which, at maturity, is at least 30 feet or more in height, having foliage on the outermost portion of the branches yearround. (c) Deciduous overstory shade tree means a woody plant which, at maturity, is 30 feet or more in height, having foliage on the outermost portion of the branches yearround. (d) Deciduous understory ornamental tree means a woody plant which, at maturity, is less than 30 feet or more in height, with a single trunk, unbranched for several feet above the ground having a defined crown which loses leaves annually. (e) Plant material average size (coniferous) means the total height of all coniferous trees six feet or over, divided by the total number of such trees. (f) Plant materials average size (shade or ornamental) means the total diameter of all deciduous overstory trees 2'/2 caliper inches or more in diameter, divided by the total number of trees. 2. All landscape plans and landscaping under this subdivision shall follow and be in compliance with the following requirements, together with all other City Code regulations: (a) Minimum size at time of planting. (1) Deciduous overstory plantings shall be a minimum of 2V2 caliper inches. (2) Deciduous understory trees shall be a minimum of 1'/2 caliper inches. (3) Coniferous trees shall be a minimum of six feet in height. (4) Hedge materials shall be a minimum of three feet in height. (b) Minimum required plant material. The landscape plan and landscaping thereunder shall provide for plant material equal to three percent of the value of the building(s), not including the cost of land and site improvements. Credit may be given for existing plant materials, which will be preserved. The city may approve a landscape plan which does not meet this standard, where the intent and purpose of this subdivision is otherwise met. (c) Planting islands. Planting islands shall be required where necessary to visually break up expanses of hard -surface parking areas, to provide safe and CD11:21 § 11.10 EAGAN CODE efficient traffic movement, and to define rows of parking. Planting islands shall occupy at least five percent of the parking area. Planting islands shall not be required in parking areas with less than 50 parking spaces. Planting shall be in accordance with this chapter. (d) Method of installation. All deciduous and coniferous trees shall be planted in accordance with American Nurseryman's Standards. (e) Lawn maintenance and establishment. Lawn maintenance and establish- ment shall be required in accordance with chapter 10 of the City Code. (f) Slopes and berms. Slopes and berms steeper than three feet horizontal to one foot vertical shall not be permitted unless specifically approved by the city. In areas where steeper slopes are allowed, there shall be special landscape treatment such as special seed mixtures, terracing or retaining walls. (g) Landscape maintenance. The property owner shall be responsible for the maintenance of all landscaped areas and the installation of healthy replace- ment plants for any plants that die or are removed due to disease. Mainte- nance shall include removal of litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall be maintained as free flowing and free of debris. (h) Erosion control. All areas of any site shall be restored and maintained in accordance with provisions of the city erosion control manual, and other requirements of the City Code. (i) Placement of plant materials. No plant materials shall be permitted within any utility easement or street right-of-way, except as otherwise permitted under chapter 7 of the City Code. (j) Diseased and nuisance trees. Prior to grading, all diseased and nuisance trees on the subject property shall be identified by the city forester in accordance with chapter 10 of the City Code. All diseased and nuisance trees so identified shall be removed from the property at the time of grading and prior to the commencement of building construction. (k) Tree preservation. Tree preservation shall be required in accordance with the tree preservation guidelines as adopted by the council. D. Landscaping along freeway corridors. 1. Purpose. The provisions in this subparagraph are adopted in order to preserve, protect and enhance existing landscapes and landscaping which were. provided by the state department of transportation and is located along Interstate Highways 35E and 494 and T.H. 77 (Cedar Avenue). 2. Visual penetration areas. The requirements herein shall apply to those areas along the freeway system in the city where the visual penetration of the motorist extends beyond the right-of-way boundary as identified in the comprehensive plan. CD 11:22 • • • • • • LAND USE REGULATIONS (ZONING) 3. Existing wooded lots. Existing wooded areas designated in the comprehensive guide plan shall be preserved for a minimum of 50 feet adjacent and parallel to the freeway right-of-way. Beyond 50 feet, existing wooded areas shall be pre- served, except that a maximum of 40 percent of the wooded area may be developed with an impervious surface provided all other applicable City Code provisions pertaining to impervious surface, preservation of trees, vegetation and slopes are met. 4. Screening visual penetration areas. Adjacent to the freeway right-of-way, as identified in the comprehensive guide plan, a planting screen of a mixture of overstory and understory coniferous plant material shall be planted which shall provide a visual screen at time of maturity. This planting shall be provided within the minimum 25-foot setback area required adjacent to freeway right-of-way. E. Irrigation system. 1. System required. (a) All landscape plans and implementation thereof required by this subdivision shall include an underground irrigation system as follows: R-1 district: not required. R-2 district: required. R-3 district: required. R-4 district: required. Commercial districts: required. Industrial and R-D districts: required. Public facilities: required. Agricultural: not required. Public parks: not required. Planned development: refer to above districts and related uses. (b) Exception. If the property area to be landscaped is very large or reserved for future expansion or the system would not be in keeping with the character of the area as determined by the city, an underground irrigation system is not required. 2. System specification. All irrigation systems shall be fully automatic programma- ble systems, capable of alternate date watering. Each system shall be capable of achieving one inch of precipitation per week under an alternate day watering regime. The system shall provide head to head coverage with uniform levels of total precipitation throughout all irrigated areas and shall provide full and equal coverage onto public rights -of -way to the back of curb. Systems which extend beyond private property onto public rights -of -way shall be subject to approval by the city under chapter 7 of the City Code. The system shall meet state department of health standards and shall provide backflow preventers. All systems shall have a designated billing address. CD11:23 § 11.10 EAGAN CODE F. Screens and buffers. 1. Definition and purpose. Screens and buffers are designated units of yard or open area where distance, planting, berming and fencing help minimize adverse impacts of public nuisances, such as: noise, glare, activity, or dust, which are oftentimes associated with parking, storage, signs or buildings. 2. Screen and buffer requirements. (a) All parking, loading service, utility, and outdoor storage areas shall be screened from all public streets and adjacent differing land use by a combination of any of the following: earth mounds, walls, fences, shrubs, deciduous overstory, understory or coniferous trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be screened. When natural materials, such as trees or hedges, are used to meet the screening requirements of this item, density and species of planting shall be such as to achieve 75 percent opacity yearround at maturity. (b) Buffers. All lot boundary lines shall be bordered by a buffer which shall not extend into or be located within any portion of a street right-of-way. Where a required drainage, utility or other easement is partially or wholly within a required buffer, the developer shall design and implement an alternative buffer to eliminate or minimize plantings within the required easement. Such design may necessitate choosing a buffer with more land area and fewer required plantings. (c) Exception to requirements. Buffer yard requirements may be waived or modified by the city where the intent is otherwise satisfied by significant change in elevation, an existing screen, significant distance or similar circumstances. 3. Completion deadline. All plant materials required within a specified buffer yard shall be planted to completion within six months from date of issuance of a building permit unless otherwise approved by the city due to the time of the year or construction for a large project. In no case shall the period exceed six months from issuance of the certificate of occupancy. 4. Responsibility for buffer. The property owner of the heavier use district shall be responsible for the establishment of a buffer. An adjacent owner of the lighter use shall be required to provide plant material and other normal landscape features along the common lot line which will aid in the creation of the buffer. G. Trees on public property. Trees located within the public right-of-way (boulevard area) or public easement shall be planted and maintained in accordance with the provisions of chapter 7 of the City Code. CD11:24 • • • • • LAND USE REGULATIONS (ZONING) § 11.10 H. Prohibited tree species. It is unlawful to introduce any of the following prohibited species to any lot or land parcel where such trees are not naturally occurring or to plant upon public land or right-of-way: Ginkgo (female only) Box elder Non -disease -resistant elm species Nonhybrid cottonwood species Subd. 15.1. Tree preservation. A. Findings and purpose statement. The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: 1. Protection and preservation of the environment and natural beauty of the city; 2. Assurance of orderly development within wooded areas to minimize tree and habitat loss; 3. Evaluation of the impacts to trees and wooded areas resulting from development; 4. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; 5. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and 6. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community. B. Definitions. For the purposes of this subdivision, the following terms shall be defined as stated: Applicant means any person or entity who is required to submit and implement an approved tree preservation plan under this section. Builder means any person or entity to whom a building permit is issued for the construction of a single-family residence. Caliper inch means the diameter of replacement trees measured at a height of one foot above the ground level. Construction area means any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. CD11:25 § 11.10 EAGAN CODE Critical root zone (CRZ) means an imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a 20-inch diameter tree has a CRZ with a radius of 20 feet. Developer means any person or entity other than a builder, as defined herein, who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. Development means individual lot single-family residence development, single- phase development and two-phase development, as those terms are defined herein. Diameter means the length of a straight line measured through the trunk of a tree at 54 inches above the ground. Diameter inch means the diameter, in inches, of a tree measured at diameter breast height (4.5 feet from the uphill side of the existing ground level). Drip line means the farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. Forester means a person holding a bachelor's degree in forestry from an accredited four-year college of forestry. Individual lot single-family residence development means the process where the construction of a new single-family residence occurs on a single lot, or the expansion of any existing single-family residence by ten percent or greater square feet. Landscape architect means a person licensed by the state as a landscape architect. Significant woodland means a grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and 12 inches in diameter or coniferous trees between four feet and 12 feet in height. Single-phase development means the process where improvement of the entire site occurs in one continuing process. Activities which can occur during single-phase development include initial site grading; installation of utilities; construction of public streets; construction and grading of drainageways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the construction area. Tree means any of the following type of trees, as each is defined herein: Coniferous evergreen tree means a woody plant which, at maturity, is at least 12 feet or more in height, having foliage on the outermost portion of the branches yearround. Deciduous tree means a woody plant which, at maturity, is at least 15 feet or more in height, having a defined crown, and which sheds leaves annually. CD11:26 • • • • • LAND USE REGULATIONS (ZONING) § 11.10 Hardwood deciduous tree includes: ironwood, catalpa, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and basswood. Significant tree means a healthy tree measuring a minimum of six inches in diameter for hardwood deciduous trees, defined herein, or a minimum of 12 inches in diameter for softwood deciduous trees, as defined herein, or a minimum of 12 feet in height for coniferous/evergreen trees. Softwood deciduous tree includes: cottonwood, poplars/aspen, box elder, willow, silver maple and elm. Specimen tree means a healthy hardwood deciduous tree measuring equal to or greater than 30 inches diameter and/or a coniferous tree measuring 50 feet or greater in height. Two-phase development means the process where improvement of the entire site occurs in at least two distinct phases. Generally the first phase includes initial site grading; installation of utilities; construction of public streets; construction, grading of drainageways; and filling of any areas. The second phase generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the specific construction zone. C. Tree preservation plan. 1. Scope of application. A tree preservation plan shall be submitted to and approved by the city and implemented in accordance therewith in connection with any of the following: (a) New development in any zoning district; (b) New building construction in any zoning district; (c) Expansion of any existing commercial, industrial or institutional building or impervious surface by ten percent or greater square feet, where an approved tree preservation plan is not on file with the city; and (d) Any project for which a city grading permit is required. 2. Submission requirements. The tree preservation plan required hereunder shall be submitted with any preliminary subdivision plans as required by the subdi- vision regulations of this Code; incorporated as a part of any landscape plan as required by the zoning regulations of this Code; or incorporated as part of a grading plan and an application for any grading permit as required by this Code. All tree preservation plans must be certified by a forester or landscape architect retained by the applicant. The proposed grading plan shall be submitted to the city at least five working days prior to the issuance of the grading permit to ensure compliance with the approved tree preservation plan. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed before grading is to commence. The city shall inspect the construction site prior CD11:27 § 11.10 EAGAN CODE to the beginning of the grading to ensure that protective fencing and other protective measures are in place. No encroachment, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved. Applicants of single-family residential building permits are required to prepare an individual lot tree preservation plan when significant tree, specimen trees, and/or significant woodlands exist on site. Individual lot tree preservation plans are not required to be prepared by a forester or landscape architect. 3. Plan requirements. All applicants shall submit a tree preservation plan prepared in accordance with the provisions of this subdivision. The tree preservation plan shall include the following information: (a) The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders; (b) Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon; (c) Delineation of all areas to be graded and limits of land disturbance; (d) Size, species, and location of all existing significant trees, specimen trees, and significant woodlands located within the area to be platted or within the parcel of record. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form; (e) Identification of all significant trees, specimen trees, and significant wood- lands proposed to be removed within the construction area. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form; (f) Measures to protect significant trees, specimen trees, and significant wood- lands; (g) Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and (h) Signature of the person(s) preparing the plan. 4. Mitigation. (a) In any development that the tree/woodland allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation of (tree replacement) appropriate areas within the development area, in accor- dance with the tree replacement schedule, or payment to the city of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the tree replacement sched- ule. The fee per diameter inch shall be set forth in the city fee schedule, and the payment thereon shall be deposited into an account designated specifi- cally for tree mitigation. (b) The form of mitigation to be provided by the applicant shall be determined by the city. CD11:28 • • • • • • LAND USE REGULATIONS (ZONING) § 11.10 (c) The planting of trees for mitigation shall be in addition to any other landscape requirements of the city. (d) Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding down to the smallest diameter significant tree. 5. Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized to protect significant trees, speci- men trees, and significant woodlands: (a) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. (b) Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant. (c) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. 6. Additional protective measures. The following tree protection measures are suggested to protect significant trees, specimen trees, and significant woodlands that are intended to be preserved according to the submitted tree preservation plan and may be required by the city: (a) Installation of retaining walls or tree wells to preserve trees. (b) Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. (c) Use of tree root aeration, fertilization, and/or irrigation systems. (d) Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. (e) Therapeutic pruning. 7. Review process. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve significant trees, specimen trees, and significant woodlands and to enhance the efforts to minimize damage to specimen trees, significant trees and significant woodlands. The applicant shall meet with city staff prior to submission of the development application or prior to applica- tion for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees, specimen trees, and significant woodlands are destroyed or damaged. 8. Performance guarantee. Any applicant of a new development shall provide the required performance guarantee following preliminary approval of the tree CD11:29 § 11.10 EAGAN CODE preservation plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the tree preservation fulfillments, shall be calculated as follows: (a) Unless the applicant provides tree mitigation in the form of cash dedication, 100 percent of the cost of completing tree replacement mitigation as determined by the city; (b) An amount to guarantee preservation of all trees, identified by the approved tree preservation plan to be preserved, within 15 feet of the construction zone (measured from the construction unit to the nearest side of the tree). The amount shall be calculated by multiplying the total diameter inches of significant trees and specimen trees to be preserved within this 15-foot zone by the rate of payment of $25.00 per diameter inch and the total square feet of significant woodlands to be preserved within the 15-foot zone by the rate of $1.20 per square foot. No performance guarantee shall be required for applicants of building permits of single-family residential units. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the city that the tree preservation plan was followed and that the tree replacement schedule was complied with where necessary, but in no event shall the performance guarantee be released earlier than one year after the date of the project closure. 9. Removal of diseased trees required. Prior to any grading, all diseased, hazardous, and nuisance trees on the subject property shall be identified by the city forester or city tree inspector in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased and nuisance trees so identified shall be removed from the property, at the time of grading, if so directed. 10. Compliance with plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the city forester. No significant trees, specimen trees, or significant woodlands shall be removed until a tree preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s), specimen tree(s) or any significant woodland that was intended to be preserved is removed without permission of the city forester or damaged so that it is in a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree or per total square foot of significant woodlands, in the amount set forth in the city fee schedule, shall be remitted to the city. The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met. CD11:30 • • • • • • LAND USE REGULATIONS (ZONING) ti 11.10 D. Allowable tree removal. 1. Tree removal allowance. Specimen tree, significant tree, and significant woodland removal shall be in accordance with the city -approved tree preservation plan and in no case shall the amount of removal exceed the following percentages: (a) Single lot development. (1) Single -unit residential, 20 percent. (2) Commercial and multiunit residential, 30 percent. (b) Multilot development. (1) Single-phase development process. (aa) Single unit residential, 40 percent. (bb) Commercial and multiunit residential, 47.5 percent. (2) Two-phase development. (aa) Initial site development, 25 percent. (bb) Individual lot development. a. Single unit residential, 20 percent. b. Commercial or multiunit residential, 30 percent. 2. Exception. When practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the city may permit significant tree, specimen tree, and significant woodland removal in excess of the allowable limits. In the event such exception is granted, a reforestation plan or a cash mitigation will be implemented. The city shall determine which form of mitiga- tion shall be utilized. E. Tree replacement. 1. Schedule. Number of Replacement Trees Size of Tree Damaged or Destroyed Category A Category B Category C Coniferous, 12 to 24 feet high 1 2 4 Coniferous, 24 feet or higher 2 4 8 Hardwood deciduous, 6 to 20 inches diameter 1 2 4 Hardwood deciduous, 21 to 30 inches diameter 2 4 8 Softwood deciduous, 12 to 24 inches diameter 1 2 4 Softwood deciduous, greater than 24 inches diameter 2 4 8 Specimen tree 3 6 12 2. Significant woodland replacement. Where replacement of a significant woodland is required, the applicant shall be responsible for furnishing and installing one CD11:31 § 11.10 EAGAN CODE category A replacement tree or two category B replacement trees or four category C replacement trees for every 125 square feet of significant woodland damaged or destroyed, or any increment thereof. 3. Size of replacement trees. Category A trees shall be no less than the following sizes: Deciduous trees, not less than four inches in diameter. Coniferous trees, not less than 12 feet in height. Category B trees shall be no less than the following sizes: Deciduous trees, not less than 2V2 inches in diameter. Coniferous trees, not less than six feet in height. Category C trees shall be no less than the following sizes: Deciduous trees, not less than 1'/2 inches in diameter. Coniferous trees, not less than four feet in height. 4. Species requirement. Where ten or more replacement trees are required, not more than 50 percent of the replacement trees shall be of the same species of tree without the approval of the city. 5. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within one year after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size require- ments within eight months of removal. Subd. 16. Public address systems. Public address systems shall not be permitted in any district which can be heard on adjoining property unless specifically approved by the council. Subd. 17. Open sales lots. Open sales lots shall be subject to the following standards: A. The minimum 20-foot-wide yard abutting the public right-of-way shall be landscaped, and said landscaping shall be separated from the usable portion of the lot by a curb. Said 20-foot landscaped yard shall also be provided where such lot abuts a residential lot. B. All of the lot other than the portion occupied by a building or landscape treatment shall be surfaced to control dust and drainage. C. Lot shall be constructed according to a grading plan approved by the city engineer. D. When such a lot is adjacent to a lot located in the R district, a fence of acceptable design shall be erected along the property line. E. The outdoor lighting system for a sales lot shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. F. A site plan for the lot, showing ingress and egress, storage, parking, fencing and other necessary features required to understand the operation shall be filed for approval by the council. CD11:32 • • • LAND USE REGULATIONS (ZONING) § 11.10 Subd. 18. Hours of operation. Hours of operation of any retail business, any restaurant or any motor fuel station shall be confined to the period between 7:00 a.m. and 1:00 a.m., except for those located 200 feet or more from any residential use and fronting on a major thoroughfare or commercial service road unless otherwise specifically approved by the council. Subd. 19. Additional requirements, exceptions and modifications. The requirements and standards specified heretofore in this section shall be subject to the following: A. Height limitations. Height limitations as set forth in E and R districts elsewhere in this chapter may be increased by 50 percent when applied to the following: Antenna, radio or TV Flagpoles B. Front yard variance. In any R district, wherever a platted block or otherwise subdivided area has dwellings located on 50 percent or more of the parcels located between two streets, the minimum required front yard setback line shall become the average setback established by the existing dwellings located in the block. This shall not supersede the requirements of subdivision 6, subparagraph C of this section where applicable. C. Uses not provided for within zoning districts. Whenever in any district a use is neither specifically permitted nor denied, a property owner may request a study by the city to determine whether the particular use is compatible with the zoning district in which it is proposed to be located. D. Request for a variance, conditional use permit or rezoning. A request for a variance, conditional use permit or rezoning, which has been acted upon, may not be requested again until a period of 12 months has passed unless the applicant can show to the satisfaction of the council that the conditions which were present when the earlier request was filed have changed or that the request is substantially different. E. Parking limitations on large vehicles. The councifmay direct the removal or otherwise limit the parking of any large vehicle upon or adjacent to any residential use where it is determined that said parking has a detrimental effect upon residential use. Said large vehicles shall include, but not be limited to, buses, motor homes, cruisers, or trucks. F. Parking of mobile homes. Mobile homes shall not be permitted to be Located for storage or habitation in any zoning district, except in an approved mobile home park, without a special permit being issued by the council as required by section 4.40 of chapter 4. Subd. 20. Fences. A. Construction and maintenance. Every boundary line fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private CD11:33 § 11.10 EAGAN CODE nuisance. Electric boundary fences shall only be permitted in the A district when related to farming, and on farms in other districts when related to farming but not as boundary fences. B. Residential district fences. In all parts of the city zoned residential, boundary fences shall be subject to the following requirements: 1. Fences on all corner lots erected within 30 feet of the intersecting curbline shall be subject to traffic visibility requirements (see subdivision 7 of this section). 2. Fences shall not exceed a maximum height of six feet. C. Business and industrial fences. Property line fences within all business and industrial districts shall not exceed six feet in height, except that the council may grant a special permit for a fence of greater height. Subd. 21. Motor fuel station design (class 1 and II). Motor fuel stations shall be subject to the following standards: A. The minimum required building setback shall relate to any canopy, weather protec- tion, pump island or building. B. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require an approved open sales lot. C. A minimum 20-foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur. D. No goods offered for sale on a motor fuel station site shall be stored, sold or displayed outside a building unless permitted otherwise pursuant to subdivision 29 of this section. E. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building. F. The outdoor lighting system shall be approved by the city and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots. G. Wherever a motor fuel station abuts an R district, a solid six -foot -high screen (not less) shall be erected and maintained along the side and rear property line that abuts the R district. H. Access or egress curb cuts to a motor fuel station shall not be less than 50 feet from the curbline intersection on secondary thoroughfares and 80 feet on major thorough- fares. Subd. 22. Residential complex development. In all R-3 and R-4 districts, involving more than one principal structure, a development plan shall be required with a review by the planning commission and the approval of the council. Said development plan shall be for a period of three years from the date of formal approval by the council. Approval for periods CD11:34 • • • • • • LAND USE REGULATIONS (ZONING) § 11.10 beyond the three years shall be permitted for planned developments only. When a development plan expires, no further building or excavation permits shall be issued until a new plan approval has been reviewed by the planning commission and approved by the council. Subd. 23. Municipal utilities for residential development. In all R-2, R-3, R-4, and R-5 districts, municipal water and sewer facilities shall be available and installed prior to completion of any structures and use of any structure or dwelling units thereon. Cross reference —Municipal and public utilities generally, ch. 3. Subd. 24. Design and construction requirements (R-3 and R-4) for multiple dwellings. A. Building design requirements. 1. Design supervision by architect. Architects shall be required for the construction of all multiple dwellings of three units or more. The building plan, including site plan for such a building, shall be certified by an architect, registered by the state, stating that he has personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the adjacent buildings, topography and natural surroundings and in accordance with the purposes and objectives of this chapter. This requirement shall not prohibit the preparation of the site plan by a professional site designer, or the landscape plan by a professional landscape architect. 2. Exterior vertical surface design. All exterior vertical surfaces of a multiple dwelling shall be treated as a front and have an equally attractive or the same facia. 3. Design of garages. Garages and other accessory buildings in a multiple -dwelling complex shall have a design and appearance that will not detract from the main building(s). 4. Storage space in multiple dwellings. A minimum of 150 cubic feet of storage shall be provided within the multiple -dwelling building for each dwelling unit, exclu- sive of storage space provided within each dwelling unit. In townhouse units only, this storage space may be provided in a garage serving the unit. B. Site design and development requirements. Multiple -dwelling sites (R-3 and R-4) shall be designed and developed in accord with the following: 1. Landscaping. All yards shall be landscaped or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs, etc. Any areas left in a natural state shall be properly maintained in a sightly and well -kept condition. Yards adjoining any of the classes of residence districts shall be landscaped with buffer planting, if this is not provided in the natural state. Plans of such screens shall be submitted for approval as a part of a site plan and installed prior to issuance of a certificate of occupancy for any tract in the district. In the event this requirement cannot be met because of climate, a bond shall be required to insure compliance within a reasonable time. CD11:35 § 11.10 EAGAN CODE The design shall make use of all land contained in the site. All of the site plan shall be related to the multiple use, i.e., either parking, circulation, recreation, landscaping, screening, building, storage, etc. 2. Drainage. The drainage of stormwaters shall be provided for either on the site or in a public storm sewer. 3. Curbs. Interior curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be Portland cement concrete construction. 4. Walkways. Surfaced walkways shall be provided from parking areas, loading zones and recreation areas to the entrances of buildings. 5. Surfacing. All interior driveways, parking areas, loading areas, etc., shall be of blacktop or concrete construction. 6. Burying utilities. All utilities, including electrical and telephone lines, shall be buried in all new subdivisions as required by chapter 13 of the City Code, unless otherwise approved by the council. 7. Trash incinerators and garbage. No exterior trash or garbage disposal or incineration shall be permitted. Any exterior storage shall be enclosed within a container, and such container shall be completely screened by a wall or equiva- lent visual screen. 8. Lighting. On -site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights -of -way or adjacent properties. Such illumination shall be indirect and diffused. 9. Natural features. The site shall show due regard for all natural terrain features, such as trees, watercourses, historic areas or similar conditions. 10. Public safety. All site and building plans for multiple dwellings shall be reviewed by the fire and police departments with a recommendation to the council. Plans shall be reviewed for fire warning and protection systems, public safety, vehicular access and concerns related to public safety. 11. The site plan shall illustrate existing and proposed contours at a two -foot interval. 12. Each multiple -dwelling complex shall have a minimum recreation area equal to 200 square feet for each dwelling unit containing two or less bedrooms and 100 additional square feet for each dwelling unit containing more than two bedrooms. Said recreation area shall be a minimum of 100 feet from any ponding area. 13. Platting. All land zoned estate (E) and residential R-1, R-2, R-3, R-4 and R-5 shall be platted prior to placing any structure thereon, except townhouses for sale may be placed after footings are poured with the approval of the council. 14. Accessory commercial use. Retail shops, beauty and barber shops and professional offices which are primarily for the use of occupants may be permitted in any R-4 CD11:36 • • • • • • LAND USE REGULATIONS (ZONING) § 11.10 district under a planned development, provided that no signs appurtenant thereto shall be placed or extend beyond the exterior walls of any structure in such district. Subd. 25. Platting for commercial and industrial. All land zoned commercial, industrial or planned development shall be platted prior to placing any structure thereon unless otherwise approved by the council. Subd. 26. Placement of house on residential lot. A. On all residential lots not served by public utilities which are at least 24,000 square feet in area and 170 feet in width, all structures shall be placed so that the lot may be further subdivided in the future unless otherwise approved by the council. B. On all residential lots where a garage is not constructed with initial development, sufficient space, in accordance with minimum setback requirements, shall be re- served for the potential future construction of a garage. Subd. 27. Commercial and industrial site development. All of the "Site design and development procedures" provided in subdivision 24, subparagraph B of this section pertain- ing to landscaping, drainage, curbs, walkways, surfacing, burying utilities, trash incinerators and garbage, lighting, natural features, public safety and existing and proposed contours shall also be required for any development in an LB, NB, GB, RSC, I-1, 1-2, RD, P or PD district, unless said requirement is specifically removed by the council when reviewing an application for a building permit. Subd. 28. Joint parking facilities. Required parking facilities serving two or more uses may be located on the same lot or in the same structure except in residential districts, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is utilized at the same time by two or more uses. Conditions required for joint use are: A. The proposed joint parking space is within 400 feet of the main entrance of the use it will serve; B. The applicant shall show that there is no substantial conflict in the principal hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and C. A properly drawn legal instrument approved by the city attorney, executed by the parties concerned for joint use of the off-street parking facilities, shall be filed with the clerk. Said instrument may be a three or more party agreement including the city. Subd. 29. Outdoor storage by businesses. A. Restrictions. No outdoor storage shall be permitted except in the neighborhood business (NB), general business (GB), community shopping center (CSC), regional shopping center (RSC) and limited industrial (I-1) districts and upon the council's granting of a conditional use permit. CD11:37 § 11.10 EAGAN CODE B. Conditional use permit application. All applications for a conditional use permit for outdoor storage shall include a detailed and scaled site plan specifying the dimen- sions, location, material and design of the storage enclosure and area. C. Performance standards and noncompliance. 1. Standards. Outdoor storage permitted in accordance with subparagraph A shall conform to the following standards, in addition to those standards set forth in subdivision 4 of section 11.40: (a) Outdoor storage items shall be placed within an enclosure. (b) All such enclosures shall be attached to the principal building except in the limited industrial district. (c) The enclosure shall be made of material suitable to the building and the items to be stored. (d) The enclosure shall not encroach into any established front building setback area or other required setbacks. (e) The enclosure shall not interfere with any pedestrian or vehicular move- ment. (f) The items to be stored shall not exceed the height of the enclosure. (g) The display area shall not take up required parking spaces or landscaping areas. (h) The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. (i) The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. 2. Noncompliance. Failure to comply with any condition set forth in a conditional use permit or any other violation of City Code provisions shall constitute sufficient cause for the termination of the conditional use permit by the council following a public hearing. Subd. 30. Architectural standards. A. Policy statement. All buildings in light industrial (I-1), general industrial (I-2) and general business (GB) districts shall be designed to accomplish the goals and objectives of the city land use comprehensive guide plan. Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located. B. New construction. 1. No less than 75 percent of the exterior, exposed walls of any newly constructed building in light industrial (I-1), general industrial (I-2) or general business (GB) districts shall be constructed of a vertical finish made of noncombustible, nondegradable, and low maintenance construction material, including, but not CD11:38 • • • • • • LAND USE REGULATIONS (ZONING) § 11.10 limited to, face brick; natural stone; specially designed precast concrete or synthetic stucco or comparable material (e.g., dryvit) units, provided the surfaces have been integrally treated with an applied decorative material or texture; smooth, painted or decorative concrete block, provided the block is scored at least twice. 2. Twenty-five percent or less of the exterior, exposed walls of any newly constructed building in light industrial (I-1), general industrial (I-2) or general business (GB) district may be constructed of any of the following materials: metal, including but not limited to steel, sheet or corrugated aluminum, or iron; vinyl; plain concrete block; or any other material not within the standards set forth in paragraph B.1. Any metal surface or siding as permitted herein shall be coated or anodized with a nonreflective, glare -free finish. 3. Notwithstanding any provision herein to the contrary, exterior, exposed walls of any accessory structure to a building in light industrial (I-1), general industrial (I-2) or general business (GB) district may be constructed of the following material: metal, including steel, sheet or corrugated aluminum or iron; vinyl; plain concrete block; or any other material not within the standards set forth in paragraph B. 1. herein, provided a conditional use permit is first obtained from the city. C. Expansion or enlargement of metal -sided buildings. 1. In the event any building, which is an existing, nonconforming metal -sided building under this subdivision on the effective date of this ordinance, is enlarged or expanded and the expansion is less than 10,000 square feet and 50 percent in size by total square feet of the existing, nonconforming metal building, the expansion structure need not comply with the provisions of this subdivision, but any exterior, exposed side or surface of the expansion structure shall be constructed of identical material and color to the existing, nonconforming building. In the event the expansion or enlargement is at least 10,000 square feet or 50 percent in size by total square feet of the existing, nonconforming metal building, whichever is greater, the provisions governing nonconforming struc- tures or uses in this chapter shall govern. 2. For purpose of this subdivision, the total square feet of the existing nonconform- ing building shall be determined as the total size of the existing building as existed on June 1, 1995. The total square feet or percentage of any and all expansions to an existing nonconforming building as of June 1, 1995, shall be aggregated for purposes of calculating the size or percentage of the total expansion to the original building existing on June 1, 1995. D. Expansion or enlargement of other nonconforming buildings. In the event any existing, nonconforming building, which is constructed of material other than metal, CD11:39 § 11.10 EAGAN CODE is enlarged or expanded, the expansion structure to the existing, nonconforming structure shall be constructed of compatible material and color to the existing, nonconforming structure. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 5-25-75; eff. Ord. of 5-28-76; eff. Ord. of 9-24-76; Code 1983, § 11.10, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 154, 2nd series, eff. 12-11-92; Ord. No. 158, 2nd series, eff. 1-27-93; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 188, 2nd series, eff. 11-17-94; Ord. No. 189, 2nd series, eff. 11-17-94; Ord. No. 198, 2nd series, eff. 3-16-95; Ord. No. 204, 2nd series, eff. 10-5-95; Ord. No. 205, 2nd series, eff. 10-12-95; Ord. No. 217, 2nd series, eff. 3-28-96) Secs. 11.11-11.19. Reserved. Sec. 11.20. Use districts. Subd. 1. Classification. The following land use districts are hereby established under which all lands in the city shall be classified: A Agricultural district E Estate district P Public facilities district R-1 Residential single district R-2 Residential double district R-3 Residential townhouse district R-4 Residential multiple district R-5 Mobile home district LB Limited business district NB Neighborhood business district GB General business district CSC Community shopping center district RSC Regional shopping center district RB Roadside business district I-1 Limited industrial district I-2 General industrial district R-D Research and development park district PD Planned development district FP Floodplain district Subd. 2. Zoning map. The boundaries of the above districts are hereby established as shown on that certain map entitled "Zoning Map of the City of Eagan, Minnesota," which map is properly approved and filed in the office of the city clerk, hereinafter referred to as the "zoning map." Said map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set down therein and are hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the zoning map and make CD11:40 • • • • • LAND USE REGULATIONS (ZONING) * 11.20 same available to the public. Where a dispute arises over the city clerk's determination of the exact location of a district boundary, said dispute shall be heard by the board of appeals and adjustments for recommendation, with final determination to be made by the council. Subd. 3. A agricultural district. A. Permitted uses. Within any agricultural district no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. All types of agricultural pursuits and accessory farm structures. 2. Commercial greenhouses and nurseries. 3. Stands for the sale of agricultural products provided said products are raised on the premises. 4. One -family detached dwelling. 5. Public parks, playgrounds and public utility service facilities. 6. Reserved. B. Conditional uses. Within any agricultural district no structure or land shall be used for the following uses or uses deemed similar by the council except by a conditional use permit: 1. Any conditional use in the R-1 district as regulated therein. 2. Riding stables, boarding stables, auction facilities or sales barns, commercial feedlots or dog kennels subject to the requirements of section 6.38 of the City Code. 3. Commercial storage facilities. 4. Day care facilities providing services to 11 or more children at one time. C. Accessory uses. Within any agricultural A district, any accessory use permitted in an R-1 district shall be permitted. Subd. 4. E estate district. A. Permitted uses. Within any estate district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. One -family detached dwelling. B. Conditional uses. Within any estate district, no structure or land shall be used for the following use or uses deemed by the council except by conditional use permit: 1. Golf courses, country clubs and tennis clubs. C. Permitted accessory uses. Within any estate district, no structure or land or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the council: 1. Private garages and parking space. 2. Private swimming pool, tennis court, or recreation building. CD11:41 § 11.20 EAGAN CODE 3. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted on the premises. 5. Decorative landscape features. 6. The keeping of domestic animals (household) for noncommercial purposes, for the use of the occupants of the premises. Subd. 5. Residential districts. A. Permitted uses. Within any R-1, R-2, R-3, R-4, or R-5 district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. R-1 districts, one -family detached dwellings only. 2. R-2 districts, two-family dwellings only. 3. R-3 districts, townhouses only to a maximum density of 6,000 square feet per uni t. 4. R-4 districts, apartments only. 5. R-5 districts, mobile homes only developed under the requirements of section 4.40 of the City Code. 6. R-1, R-2, R-3, R-4, and R-5 districts, home occupations as defined in section 11.03. 7. Reserved. 8. Manufactured homes, other than mobile homes, as defined by Minn. Stat. §§ 327.31-327.35 (R-5 only). B. Conditional uses. Within any R-1, R-2, R-3, R-4 or R-5 district, no structure or land shall be used for the following use or uses deemed similar by the council except by conditional use permit: 1. Golf courses, country clubs and tennis clubs. 2. Day care facilities providing services to 11 or more children at one time. 3. Beauty parlors, in R-1 districts only, subject to the following conditions: (a) Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. (b) The only employee shall be an occupant of the household. (c) The parking shall be on site and shall be limited to two customer automo- biles. (d) There shall be no commercial signs advertising the business except for the type of sign that is allowed in R-1 districts. (e) There shall be no over-the-counter sales of merchandise. 4. Off-street parking, in R-4 districts only, subject to section 11.10, subdivision 12.1, except those portions thereof regarding outdoor storage. CD11:42 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 C. Permitted accessory uses. Within any R-1, R-2, R-3, R-4 or R-5 district, no structure or land or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the council: 1. Private garages and parking space. 2. Private swimming pool, tennis court, recreation building or tot -lot. 3. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted on the premises. 5. Decorative landscape features. 6. The keeping of domestic animals (household) for noncommercial purposes, for the use of the occupants of the premises. 7. Reserved. Subd. 6. Minimum area, setback and height requirements. The following chart shall establish the minimum lot area, lot width, building setback and maximum height require- ments for agricultural, estate and residential districts. Where a conflict may arise between the minimum requirements of this section and those contained in the general provision section 11.10, subdivision 6, subparagraph C, the greater requirement shall be required. A. Minimum area, setback and height regulations (also see section 11.10 subdivision 6-C). Side Yard Setback Front Yard or Max - Setback Garage imum Along or Height Use Lot Public Dwelling Accessory Rear Yard Limita- Symbol District Lot Area Width Street Unit Structure Setback tions A Agricul- 5 ac. per 300 feet 30 feet 30 feet 5 feet 30 feet tural dwelling unit E Estate 20,000 100 feet 30 feet 30 feet 10 feet 30 feet for 2'/2 sq. ft., 1 a dwell- stories ac. w/o ing unit, munic- 10 feet for ipal an acces- sewer & sory bldg. water R-1 Single- 12,000 85 feet 30 feet 10 feet 5 feet 15 feet 2'/2 family sq. ft., 1 stories ac. w/o munic- ipal sewer & water CD11:43 § 11.20 EAGAN CODE Side Yard Setback Front Yard or Max - Setback Garage imum Along or Height Use Lot Public Dwelling Accessory Rear Yard Limita- Symbol District Lot Area Width Street Unit Structure Setback tions R-2 Double 15,000 100 feet 30 feet 10 feet 5 feet 15 feet 21/2 sq. ft. stories R-3 Townhouse 6,000 sq. 30 feet 30 feet 10 feet 30 feet for 3 stories ft. per a dwell - unit ing unit, 10 ft. for an acces- sory bldg. R-4 Multiple See sec. 50 feet 30 feet 10 feet 30 ft. for dwelling 11.20, a dwell- subd. 6-B ing unit, 10 ft. for an acces- sory bldg. R-5 Mobile See sec. homes 4.40 of City Code chapter 4 Manufac- Shall be constructed according to the standards in R-1, R-2, R 3 or R-4 district, de- tured pending upon the design of the proposed development homes B. Minimum area requirements for multiple dwellings. Number of Bedrooms Number of Stories Efficiency 1-Bedroom 2-Bedroom 3-Bedroom 1 3,960 (11)* 4,355**(10) 4,840 (9) 8,270 (5) 2 2,920 (15) 3,090 (14) 3,350 (13) 5,455 (8) 3 2,720 (16) 2,900 (15) 3,100 (14) 4,360 (10) 4 2,180 (20) 2,200 (19) 2,560 (18) 3,630 (12) 5 1,900 (22) 2,075 (21) 2,180 (20) 3,090 (14) 6 1,700 (24) 1,800 (23) 1,900 (22) 2,720 (16) *( ) units per acre **Square feet of land per unit All minimum required lot areas stated above shall not include public streets. C. Additional setback for heights. In all R districts, all minimum required building setbacks as stated in subparagraph A of this subdivision 6 shall be increased by three feet for each one foot of height over 35 feet. D. Special density credits. The minimum lot area requirements as stated in subpara- graph B of this subdivision 6 shall be decreased in residential R-4 districts where CD11:44 • • • • LAND USE REGULATIONS (ZONING) § 11.20 garages are buried to the extent that the site area normally covered by garages can be occupied by other uses. The minimum required lot area in subparagraph B of this subdivision 6 shall be reduced by 300 square feet for each dwelling unit served by an underground garage. E. Ponding area as lot area. In determining the minimum required lot area under subparagraphs A and B of this subdivision 6, ponding areas or similar unbuildable areas as determined by the council shall not comprise more than ten percent of the total site area. F. Building coverage of the site. All buildings including accessory buildings together shall not cover more than 20 percent of the site area. G. Uniform building code. All homes built in a residential district, other than R-5 must meet uniform building code requirements. Manufactured homes, as defined by Minn. Stat. §§ 327.31-327.35 will be allowed in R-5 zones when constructed in compliance with the said statute. H. Exterior building finish. In all R-3 and R-4 zones, at least 50 percent of any exterior building finish shall consist of a combination of materials which are noncombustible, nondegradable and maintenance free (for example, base brick, natural stone, glass, and aluminum siding) or those comparable in grade and quality. No exterior building finish shall be sheet aluminum, asbestos, iron, steel, corrugated aluminum or untreated block. Samples of exterior building materials shall be submitted with the application. I. Architectural standards. In all R-3 and R-4 districts, architectural plans shall be prepared by a registered architect and include (1) elevations of all sides of the building; (2) dimensions of all structures; (3) location and screening of heating, air conditioning and ventilation systems. All sides of all buildings shall be treated as a front with the same architectural treatment. Subd. 7. P public facilities district. A. Permitted uses. Within any public facilities district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools and hospitals. B. Conditional uses. Within any public utilities district, no structure or land shall be used for the following uses or uses deemed similar by the city, except by a conditional use permit: 1. On -sale beer at golf courses with clubhouses only in conformity with City Code chapter 5. 2. On -sale beer through temporary licenses with a maximum of four days only in conformity with City Code chapter 5. C. Developments within a public facilities district shall meet the following requirements: 1. Prior to construction or alteration of any such facility, a building permit approved by the council shall be required. CD11:45 § 11.20 EAGAN CODE 2. Every structure within a public facilities district shall have a minimum setback from its lot or land area boundaries of two feet of setback for each one foot in height of such structure, excluding steeples, ornaments or antennas. This provision shall not allow a minimum structure setback of less than 30 feet nor require a minimum structure setback of more than 50 feet. (Example: 15-foot tall or less structure = minimum 30-foot setback; 20-foot tall structure = minimum 40-foot setback; and 25-foot or taller structure = minimum 50-foot setback.) 3. Parking areas commensurate with the type of and use of any public facility shall be required which shall be determined by the council. 4. Public utility structures and equipment, even though owned by profit -making enterprises, however, may be permitted where the location thereof is necessarily restricted by virtue of operation or utility. Subd. 8. PD planned development district. A. Purpose and intent. This is supplementary to all other zoning districts contained in this chapter, the purpose of which is to encourage, under appropriate circumstances, a more creative, varied and efficient use of land in the city. Where such supplementary zoning is approved, it shall be deemed supplementary and superimposed over the basic zoning of the property under consideration. Where a conflict may arise between the requirements of the supplementary and basic zoning, those requirements related to the supplementary zoning shall prevail. B. Determination. In considering any petition for such district, the planning commission and the council, in the interests of carrying out the intent and purpose of this subdivision, shall determine whether or not such planned development will: 1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; 2) be feasible for the owner and developer economically to complete according to proposed plans; and 3) benefit the community at large to a greater degree than would development of the underlying zoning district. C. Procedure. All petitions for a planned development shall be processed in accordance with applications for zoning under this chapter, building permits under City Code chapter 4 and subdivisions under City Code chapter 13, and all other applicable City Code provisions. In addition, the applicant shall be required to submit all such further data, drawings, exhibits, plans, specifications, time projections for development of the district, financial information and any other materials that the planning commission and/or the council shall deem necessary and appropriate to a consideration of any planned development petition. Initially such petition shall be in the form of a "preliminary plan" as outlined in subdivision 6, subparagraph B of section 11.40. Upon approval being granted by the council and prior to any construction, the applicant shall be required to submit "final plans" as described in subdivision 6, subparagraph D of section 11.40. D. Planned development agreement. As a part of the approval of the "preliminary plan," a "planned development agreement" shall be approved by the council as described in subdivision 6, subparagraph C of section 11.40. CD11:46 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 E. Annual review, extension and termination. 1. The planning commission and the council shall review annually, after approval of the preliminary plan, the progress of each planned development to determine whether or not the applicant has substantially complied with the planned development agreement. (a) Each body shall make note thereof in its minutes. (b) If the applicant/owner/developer of an unexpired planned development agreement has failed to comply with the agreement, the council may, in its sole discretion, after recommendation by the advisory planning commission, at a duly advertised and noticed public hearing as required by section 11.40, subdivision 5, remove the superimposed planned development zoning by resolution, and the land area within the planned development shall auto- matically revert to its prior basic zoning classification. 2. Upon the expiration of the term of a planned development agreement for a development which has not been substantially completed, a duly advertised and noticed public hearing, as required by section 11.40, subdivision 5, shall be held by the planning commission, which shall make a recommendation to the council whether the planned development agreement shall be terminated, and if termi- nated, whether the planned development zoning shall be removed. The applicant shall provide an accurate list of property owners within 350 feet of the develop- ment. (a) The council may extend the planned development agreement noting its reasons in its minutes. (b) If the council determines that the planned development agreement shall be terminated, it shall also determine whether the planned development zoning shall be removed. Subd. 9. LB limited business district. A. Description. Limited business districts are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). B. Permitted uses. Within any LB district, no structure or land shall be used except for one or more of the following uses, or uses deemed similar by the council: 1. Municipal buildings where the use conducted is customarily considered to be an office use. 2. Professional offices, banks and savings and loan. 3. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 4. Clinics for human care. 5. Institutional uses: library, swimming pools, churches, public schools, religious centers, health centers, and community buildings. CD11:47 § 11.20 EAGAN CODE 6. Funeral homes and mortuaries. 7. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. C. Conditional uses. Within any LB district, no structure or land shall be used for the following uses or uses deemed similar by the council except by conditional use permit: 1. Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers, private schools. 2. Art, interior decorating, photographic or music studio, provided no retail sales are made of products not manufactured on the site. 3. Radio and television studios. 4. Private clubs and lodges. 5. Historical buildings, museums, art institutions, galleries and playhouses. 6. Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district. 7. On -sale liquor in conjunction with a restaurant facility. 8. Restaurants —Class I only those granted a permit according to applicable City Code provisions to serve 3.2 beer or wine. 9. Reserved. 10. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 11. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Permitted accessory uses. Within any LB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Private garages, off-street parking and loading spaces, as regulated by this chapter. 2. Building temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. 3. Public telephone booths provided all yard requirements are met. Subd. 10. NB neighborhood business district. A. Description. Neighborhood business districts are small business areas located in the center of a residential neighborhood to serve the daily retail needs of adjoining residents. CD11:48 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 B. Permitted uses. Within any NB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Retail shopping center developed under the following conditions: (a) An overall plan shall be submitted and approved by the city including architecture, parking, driveways, landscaping and screening before construc- tion is commenced. 2. Retail shopping center uses shall be limited to the following unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: dairy store or quick -stop food store; bakeries; barbershop, beauty parlor; Christmas tree sales (including outdoor sales); drugs; florists; gifts; hardware; hobby shops; laundry and dry cleaning; laundromat; phonograph records; photography studios; shoes; sporting goods; variety stores; off -sale liquor store; restaurants with sit-down facility only; clubs; lodges; sports and health clubs; indoor theater; offices and quick -print. 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. 4. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 5. Banks and savings and loan office. 6. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 7. Rental shops. C. Conditional accessory uses. Within any NB district, no structure or land shall be used for the following uses or uses deemed similar by the council, except through the granting of a conditional use permit: 1. Subject to section 11.10, subdivision 29, outdoor storage and then only conducted by an occupant of the principal building. 2. On -sale liquor, wine or 3.2 beer. 3. Automobile service stations which may be permitted under the following condi- tions: (a) The size, location, design and number of stations shall be approved by the city as a part of the approval of the overall design required under subpara- graph B, item 1 of this subdivision. (b) The opening of any service station shall follow and not precede the construc- tion and occupancy of a minimum of 10,000 square feet of retail shopping center floor space. (c) Access shall be approved as a part of the approval of the overall plan. CD11:49 § 11.20 EAGAN CODE (d) Rental of trailers or similar vehicles shall not be permitted. 4. Banks and savings and loan offices with drive -up tellers. 5. Animal clinic when contained within a building. 6. Amusement devices exceeding three machines at one licensed location or within 200 feet of any other licensed location. 7. Carwash. Limited to one stall. 8. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Permitted accessory uses. Within any NB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Accessory uses as permitted in any other business district. 2. Essential service facilities such as printing shops and cafeterias which are accessory and customarily associated with the principal use. Subd. 11. GB general business district. A. Description. General business districts areas are designed for heavy uses and those businesses which tend to serve other businesses and industry, as well as residents. These uses can be incompatible with residential development; therefore, businesses in this zoning classification are concentrated and insulated as much as possible from residential areas. B. Permitted uses. Within any GB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Offices where goods are not produced. 2. Lumber, heating and plumbing shops and similar constructional material sales and service facilities (outdoor storage subject to conditional use). 3. Wholesale office, sales or showroom for furniture, carpets and rugs and similar household goods. 4. Bowling alley, tennis club, skating, theater, archery and similar commercial recreation facilities when contained within a building. 5. Carwash (motor fuel sales subject to conditional use). 6. Auto accessories sales (service facilities subject to conditional use). 7. Storage facilities contained within a building (outdoor storage subject to condi- tional use). 8. Rental shop (outdoor display or storage subject to conditional use). 9. Animal hospital or clinic when contained within a building. 10. Television and radio studios (towers subject to conditional use). 11. Stone or monument sales (outdoor display or storage subject to conditional use). 12. Private clubs and lodges, or health clubs. CD11:50 • • • • • • LAND USE REGULATIONS (ZONING) 11.20 13. Armories or conventional hall. 14. Motor vehicle sales when conducted entirely within a building (outdoor sales and/or storage subject to conditional use). 15. Small engine appliance or repair conducted entirely within a building. 16. Research testing laboratories conducted within a building. 17. Garden store when conducted within a building (outdoor sales subject to conditional use). 18. Bicycle, boat, motorcycle, snowmobile sales and service (outdoor display or storage subject to conditional use). 19. Printing business. 20. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. C. Conditional uses. Within any GB district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Motor fuel sales. 2. Subject to section 11.10, subdivision 29, outdoor storage and then only conducted by an occupant of the principal building. 3. Motor vehicle repair or service facilities. 4. Outdoor research or testing facilities. 5. Reserved. 6. Reserved. 7. Retail sales of liquor, 3.2 beer or wine as part of any facility. 8. Restaurant facilities or food sales. 9. Animal kennels. 10. Truckstops. 11. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 12. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Accessory uses. Within any GB district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Accessory uses as permitted in any other business district. Subd. 12. CSC community shopping center district. A. Description. Community shopping center districts are areas located in the center of several residential neighborhoods to serve the weekly needs of adjoining residents and a population from 10,000 to 40,000 persons. CD11:51 § 11.20 EAGAN CODE B. Permitted uses. Within any CSC district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Retail shopping center developed under the following conditions: (a) An overall plan shall be submitted and approved by the city including architecture, parking, driveways, landscaping and screening before construc- tion is commenced. (b) Initial construction shall include a minimum of 20,000 square feet of floor area to insure that the center will function as described in subparagraph A above. 2. Retail shopping center uses shall be limited to the following uses unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies; bakeries; barbershops; beauty parlor; bicycles; carpets and rugs; cater- ing establishments; china and glassware; clothes pressing; wearing apparel; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances; florists; food; furniture; furrier shops; garden supplies; gifts; hardware; hats; hobby shops; interior decorating; jewelry; watch repair; laundry and dry cleaning pickup; laundromat; leather goods and luggage; locksmith shops; musical instru- ments; office supplies; paint and wallpaper; phonograph records; photography studios; shoes; sporting goods; tailoring; theater, except open air drive-ins; tobacco; toys; variety stores; grocery stores; off -sale liquor; sports and health clubs; private clubs and lodges; and any use permitted under subdivision 13, subparagraph B, item 2 for the principal shopping center building only. 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. 4. Restaurants, class I only. 5. Offices of a general nature when the operations do not include retail sales or warehousing from the site. 6. Banks and savings and loan office. 7. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 8. Pawnshops. C. Conditional uses. Within any CSC district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Subject to section 11.10, subdivision 29, outdoor storage, and then only conducted by an occupant of the shopping center. CD11:52 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 2. On -sale liquor, 3.2 beer or wine. 3. Restaurants, class II. 4. Multiple -dwelling complexes. 5. Transit station. 6. Carwash. 7. Automobile service stations under the following conditions: (a) The size, location, design and number of stations shall be approved by the city as a part of the approval of the overall design of the shopping center. (b) The opening of any service station shall follow and not precede the construc- tion and occupancy of a minimum 20,000 square feet of retail shopping center floor space. (c) Direct access shall orient toward the interior of the shopping center and not directly from peripheral streets. (d) Rental of trailers and similar vehicles where adequate parking space is provided and as specifically approved with the granting of a conditional use permit. 8. Banks and savings and loan offices with drive -up tellers. 9. Bowling alley, skating, archery or similar commercial recreation when conducted entirely within a building. 10. Outside storage and sales of garden supplies. 11. Motel or hotel. 12. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 13. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Permitted accessory uses. Within any CSC district, the following uses or uses deemed similar by the council shall be permitted accessory uses: 1. Accessory uses permitted in any other business district. 2. Essential public service facilities such as public telephone booths. Subd. 13. RSC regional shopping center district. A. Description. Regional shopping center district is an area designed to serve the monthly shopping needs of a population up to about 200,000 persons or a geographical area which extends beyond the corporate limits of the city. B. Permitted uses. Within any RSC district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Retail shopping center district developed under the following conditions: (a) Development shall only be under a planned development as provided by city ordinance. CD11:53 § 11.20 EAGAN CODE (b) An overall plan shall be submitted and approved including architecture, parking, driveways, landscaping and screening. This shall include a prelim- inary plat of all lots, including those for peripheral developments. (c) Initial construction of the shopping center shall include a minimum of 100,000 square feet of floor area to insure that the center will function as described in subparagraph A above. 2. Retail shopping center uses shall be limited to the following unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: antiques; art and school supplies; banks; auto accessories; bakeries; barbershops; coin shops; beauty parlors; bicycles; books and stationery; ice cream stores; candy; hobby shops; cameras and photo supplies; carpets and rugs; florist; catering establishments; china and glassware; garden store; gift shops; finance and savings and loan; clothes pressing; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; hardware; locksmiths; electrical and household appliances; interior decorating; jewelry; watch repair; shoe repair; paint and wallpaper; printing shops; phonograph records; photography studios; shoes; leather goods; sporting goods; tailoring; theater, except open air drive-in; small vehicle or boat sales; tobacco; toys; variety stores; wearing apparel; grocery store; off -sale liquor store; professional offices; medical and dental clinics; government services; amusement rooms; health and sports clubs; pet shops; schools; ticket agencies; travel bureaus. 3. Restaurants, class I; class II when access thereto is from the interior of the major shopping center building. 4. Peripheral commercial uses, not a part of the shopping center building shall be permitted as follows (a) Any use permitted under item 2 of this subparagraph B, except those that are only permitted by conditional use permit. (b) Garden store when outside storage is completely screened from view. (c) Laboratories, medical, dental or research. (d) Motel or hotel. (e) Mass transit terminal or pickup station. 5. Multiple -dwelling complexes approved as a part of the planned development and subject to the requirements of the R-4 district. 6. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. CD11:54 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 C. Conditional uses. Within any RSC district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Subject to section 11.10, subdivision 29, outdoor storage and then only conducted by an occupant of the principal building. 2. Automobile agencies, boat or marine sales as a peripheral commercial use. 3. Motor fuel sales, service station, auto storage or repair facilities, carwash and automobile accessories sales or service as a peripheral use 4. Fast food or restaurant when carryout facilities or drive-in restaurant when developed separate from major shopping center building. 5. Bowling alley or similar commercial recreational facility when developed sepa- rate from major shopping center building. 6. Heliport. 7. On -sale liquor, 3.2 beer or wine. 8. Lumberyards, home repair or remodeling shops. 9. Multiple dwellings when integrated into a multiuse structure and approved as a part of the planned development. 10. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 11. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Permitted accessory uses. Within any RSC district, accessory uses permitted in any other commercial district shall be permitted. Subd. 14. RB roadside business district. A. Description. Roadside business districts are areas with good access located and developed primarily to serve the transient population attracted by Interstate 35E, the Minnesota Zoological Garden or similar facilities. B. Permitted uses. Within any RB district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Motel or hotel. 2. Restaurant, class I only of a minimum of 4,000 square feet. 3. Service station under the following conditions: (a) The service station shall follow and not precede development of either a motel or restaurant. (b) The design, location, public street access, architecture, landscaping and development shall be compatible with the motel and/or restaurant as approved by the council. 4. On -sale liquor, 3.2 beer or wine with a motel, hotel or restaurant. CD11:55 § 11.20 EAGAN CODE 5. Mass transit terminal or pickup station. 6. Commercial recreational facilities such as bowling alleys, tennis clubs, skating facilities and theaters, when conducted entirely within a building. 7. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. C. Conditional uses. Within any RB district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit and only after a motel or restaurant has been constructed in the same general area: 1. Carwash of compatible architectural design. 2. Restaurant, class II. 3. Truckstops. 4. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 5. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Permitted accessory uses. Within any RB district, accessory uses shall be permitted as permitted in any other commercial district. Subd. 15. Area standards and requirements. A. The following area standards and requirements for commercial districts shall be met, and no improvements shall be placed on such lands unless the lands to be so used or improved shall meet the following minimum area and dimensional requirements, unless otherwise approved under a planned development: Minimum Building Setbacks: Along major, minor, ar- terial, state or inter- state hwy. Along public streets Side lot line Rear lot line Adjacent to residential or agricultural district Minimum Parking Setbacks: Along public street LB NB GB CSC RSC RB See section 11.10, subdivision 6-C for all commercial districts 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. 30 ft. 30 ft. 50 ft. 50 ft. 50 ft. 50 ft. 20 ft. Side or rear lot line 5 ft. Adjacent to residential or agricultural district 20 ft. 20 ft. 5 ft. 5ft. 20 ft. 20 ft. CD11:56 20 ft. 20 ft. 20 ft. 5ft. 5ft. 5ft. 20 ft. 20 ft. 20 ft. 20 ft. • • • • • • Maximum Building Cover- age: Coverage of lot Maximum Building Height: Maximum height LAND USE REGULATIONS (ZONING) § 11.20 LB NB GB CSC RSC RB 20% 20%a 35% 30% 30% 30% 30 ft. 20 ft. 35 ft. 35 ft. 35 ft. Minimum Retail Floor Area: Minimum area (initial 20,000 100,000 bldg.) sq. ft. sq. ft. B. Additional area standards and requirements for commercial districts. The following requirements are in addition to those in subparagraph A above. Where there may be a conflict, those requirements under this subparagraph shall prevail: 1. Front setbacks —Prevailing. Where adjoining structures existing on the effective date of this chapter have a different setback from that required, the front setback of a new structure shall conform to the prevailing setback in the immediate vicinity. The chief building official shall determine the necessary front yard setback in such cases. 2. Side and rear setbacks —Party walls. Buildings may be excluded from side and rear setback requirements if party walls are used and if the adjacent buildings are constructed as an integral structure. This shall not permit structures closer to residential districts, however, than required under subparagraph A above. 3. Height. Buildings or structures in excess of the maximum height limitations imposed by subparagraph A above may be allowed as conditional uses as defined in section 11.03, subject to the following conditions: (a) The height of buildings or structures in commercial and industrial districts shall be as approved by the city except as regulated in air traffic corridors. (b) The front setbacks shall not be less than three -fourths of the height of the building or structure. The rear and side setbacks shall not be less than one-half of the height of the building. (c) The maximum required green area for the buildings or structures over three stories shall be 60 feet on the front and 25 feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts by five feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure, and number of guest parking spaces shall be determined by the council. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. CD11:57 § 11.20 EAGAN CODE (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the designated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single-family residential district as measured from the nearest point of such building or structure to the nearest point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structures top floor elevation in relation to single-family residential dwellings in the area. Subd. 16. I-1 limited industrial district. A. Permitted uses. Within any I-1 district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Conducting a process, fabrication, storage or manufacturing light materials or wholesaling operation or providing a service including any of the following or similar uses meeting the performance standards applicable to the I-1 district. 2. Automobile painting, upholstering, tire recapping, and major repair when con- ducted completely in an enclosed building. 3. Ice, cold storage plants, bottling works. 4. Offices. 5. Machine and welding shops. 6. Paper products. 7. Tennis club, skating, theater, bowling alley or similar indoor commercial recre- ation. 8. Radio and television. 9. Restaurants, class I only. 10. Research laboratories. 11. Trade school. 12. Warehousing and wholesaling and related sales or showrooms. 13. Reserved. 14. Armories or convention hall. 15. Animal hospital or clinic (with no outside kennel). 16. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. CD11:58 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 B. Performance standards. Applicants for building permits in the I-1 district shall submit such evidences as may be required by the chief building official to assure compliance with the performance standards and the intent and purpose of the limited industrial district (I-1) Should the chief building official have any doubt as to the ability of any proposed use to meet the required standards, the matter shall be referred to the planning commission, which shall make a recommendation to the council to grant or deny the application. C. Conditional uses. Within the I -I district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Reserved. 2. Truck and freight terminals. 3. Contractors' yards. 4. Explosives, including all activities involving the storage, utilization or manufac- ture of materials or products such as TNT or dynamite which could decompose by detonation. 5. Subject to section 11.10, subdivision 29, outdoor storage, and then only conducted by an occupant of the principal building. 6. Subject to section 11.10, subdivision 29, sales yards for building materials, and then only conducted by an occupant of the principal building. 7. Sales and service for trucks or passenger cars. 8. Rental lots. 9. Dog kennels with outside pens and subject to section 6.38 of the City Code. 10. Car or truck wash. 11. Truckstops. 12. Motor fuel sales. 13. Amusement devices exceeding three machines at one licensed location or to be located within 500 feet of any other licensed location. 14. On -sale wine and 3.2 beer. 15. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. D. Additional lot requirements. 1. Not more than 35 percent of the lot area shall be occupied by building(s). 2. Whenever an I-1 district abuts an agricultural, residential or public facilities district, a fence or compact evergreen hedge not less than six feet in height, except adjacent to a street where it shall be not less than three or more than four feet, shall be erected and maintained in the front portion of the lot, along the side and rear property line that abuts said agricultural, residential or public facilities district whenever buildings or parking is located within 200 feet of said district. CD11:59 11.20 EAGAN CODE 3. Whenever an I-1 district is across the street from an R, A, or a P district, the front or side yard adjacent to the street shall be landscaped and have a minimum depth of 100 feet. 4. Loading docks, truck parking, or open storage shall not be permitted on the side of an I-1 district abutting an agricultural, residential or public facilities district. Subd. 17. 1-2 general industrial district. A. Permitted uses. Within any I-2 district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Any use permitted as a permitted use or conditional use in the I-1 district. 2. The manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: brewing; cement; concrete; stone cutting; brick; glass; batteries (wet cell); ceramic products; mill working; metal polishing and plating; paint (pigment manufacturing); vinegar works; rubber products; plastics; meat packing; flour, feed or grain milling; coal or tar asphalt distillation; rendering works; distillation of bones; sawmill; lime; gypsum; plaster of Paris; glue; size; cloth; and similar uses. 3. Crude oil, gasoline or other liquid storage tanks. B. Conditional uses. Within the I-2 district, no structure or land shall be used for the following uses or uses deemed similar by the council except by conditional use permit: 1. Refining of crude oil. 2. Commercial stockyard, auction sales or slaughtering of animals. 3. Creosote plant. 4. Acid manufacture. 5. Storage, utilization or manufacture of materials or products which could decom- pose by detonation. 6. Refuse or garbage disposal. 7. Any activity which emits smoke darker than shade no. 3 on the Ringelmann Chart. 8. Auto wrecking, junkyard, used auto parts (open storage) and similar uses. 9. Incineration or reduction of waste material other than customarily incidental to a principal use. 10. Poison, fertilizer, fuel briquettes. 11. Kilns, or other heat processes fired by means other than electricity. 12. Explosives, including all utilization, storage or manufacture of materials or products such as TNT or dynamite which could decompose by detonation. 13. Subject to section 11.10, subdivision 12.1, off-street parking and outdoor storage. C. Additional lot requirements. The additional lot requirements for industrial (I-1, subdivision 16, subparagraph D of this section) shall also be required for industrial (I-2). CD11:60 • • • • • LAND USE REGULATIONS (ZONING) § 11.20 Subd. 18. R-D research and development district. A. Purpose. The purpose of this subdivision is to create a use district which will permit, subject to the following regulations, restrictions and controls, professional research and development and limited industrial structures and operations which will be compatible with the predominantly residential character of surrounding areas so as to preserve for the residents of the city the full use, benefit, and enjoyment of their homes and property. It is not the purpose of this subdivision to permit ordinary and usual types of industrial structures and operations which more appropriately qualify only under the foregoing industrial classifications. B. Use. No land so classified shall be used or occupied for any purpose other than as hereinafter provided or uses deemed similar by the council. C. Permitted uses. 1. Research and development laboratories. 2. General offices. 3. Light manufacturing and processing of a type producing negligible smoke, dust, odor, fumes or noise when conducted in conjunction with items 1 or 2 hereinabove and compatible with subparagraph A above. 4. Agriculture. 5. Any combination of items 1 and 2 above. D. Permitted accessory uses. 1. Recreational areas and similar uses for the primary benefit of employees. 2. Guesthouses owned and maintained in conjunction with permitted uses. E. Additional lot requirements. The additional lot requirements for industrial I-1 (subdivision 16, subparagraph D of this section) shall also be required for the R-D district except that not more than 20 percent of the lot area shall be occupied by building(s). Subd. 19. Additional standards and requirements for industrial districts (I-1, 1-2 and R-D). The following requirements are in addition to those in subdivisions 16, 17, 18 and 20 of this section. Where there is a conflict, those requirements under this subdivision shall prevail: A. Front setbacks —Prevailing. Where adjoining structures existing at the time of the effective date of this chapter have a different setback from that required, the front setback of a new structure shall conform to the prevailing setback in the immediate vicinity. The chief building official shall determine the necessary front yard setback in such cases. B. Side and rear setbacks —Party walls. Buildings may be excluded from side and rear setback requirements if party walls are used and if the adjacent buildings are constructed as an integral structure. This shall not permit structures closer to residential districts, however, than required under this chapter. CD11:61 § 11.20 EAGAN CODE C. Height. Buildings or structures in excess of the maximum height limitations imposed by subdivision 20 of this section may be allowed as conditional uses subject to the following conditions: 1. The height of buildings or structures in commercial and industrial districts shall be as approved by the city except as regulated in air traffic corridors. 2. The front setbacks shall not be less than three -fourths of the height of the building or structure. The rear and side setbacks shall not be less than one-half of the height of the building. 3. The maximum required green area for the buildings or structures over three stories shall be 60 feet on the front and 25 feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts five feet per story on the front, side and rear yards until the maximum required green area has been obtained. 4. Guest parking only may be allowed on the front side of the building or structure in order to provide fire lanes and adequate fire protection. 5. Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. 6. The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the designated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). 7. A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single-family residential district as measured from the nearest point of such building or structure to the nearest point of the residential district. 8. Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structure's top floor elevation in relation to single- family residential dwellings in the area. 9. Building permits authorized under section 11.10, subdivision 11, shall be issued only upon execution of a multistory building agreement. D. Landscaping. A minimum 20-foot-wide landscaped yard shall be maintained along all public streets and a minimum five-foot landscaped yard shall be maintained along other sides except where otherwise approved by the council in granting a building permit. Additional landscaped yards are required where industry is adjacent to or across the street from an R, A, or P district. (See additional lot requirements.) Subd. 20. Minimum requirements for lot area, width, frontage, height, yards, ground floor area for R-D and I districts. CD11:62 • • • • • • LAND USE REGULATIONS (ZONING) 5 11.20 Abutting Setback A, R or from Public P Street (See Side District Rear Height Use Lot Lot sec. 11:10, Yard (Any Yard Limita- Symbol District Area Width subd. 6C) Setback Yard) Setback tions R-D Research and development 40 acres 300 feet 60 feet 40 feet 100 feet 40 feet 45 feet I-1 Limited indus- trial Y/2 acre 100 feet 40 feet 20 feet 100 feet 30 feet 40 feet I-2 General 1 acre 200 feet 40 feet 20 feet 100 feet 30 feet 40 feet For R-D district, the minimum required 40-acre lot shall only pertain to the initial planning and rezoning and shall not preclude the subsequent subdivision of an area into small lots for development in accordance with plans for the overall area initially rezoned. Subd. 21. Floodplain districts. Floodplain districts may be established under normal procedures for zoning property established by this chapter. Floodplain district zoning shall pertain to those areas of the city subject to periodic flooding. Floodplain districts shall be a zoning in addition to the base zoning district. Where a conflict may arise between the requirements of the base zone or the overlying floodplain zoning, the requirements or regulations related to floodplain zoning shall prevail. Floodplain district regulations shall be established by a separate section of this chapter. Subd. 22. BP business park district. A. Description. The business park BP district is intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to nonindustrial development. More intensive industrial uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design to create an attractive and unified development character. B. Permitted uses. Within any BP district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: 1. Financial institutions and banks (without drive -through). 2. Office and office buildings. 3. Office/warehouses and office/showrooms. 4. Processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meet and maintain all applicable standards established by the state. 5. Public utility uses. 6. Research laboratories, when wholly contained within a building and which meet and maintain all applicable standards established by the state. 7. Technical, vocational and business schools. CD11:63 11.20 EAGAN CODE C. Conditional uses. Within the BP district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Day care facilities. 2. Financial institutions and banks with drive -through facilities. 3. Health care facilities. 4. Health and fitness clubs. 5. Hotels and motels. 6. Off-street parking and loading as regulated in section 11.10, subdivision 12.1, herein. 7. Restaurants (class I). D. Permitted accessory uses. Within the BP district, the following uses shall be permitted when incidental to and clearly subordinate to the permitted principal use: 1. Coffeeshops and cafeterias located within the principal structure. 2. Garage or similar structure to store vehicles and equipment. 3. Parking and loading as regulated herein. 4. Retail sales of products manufactured, warehoused or distributed on the prem- ises where the retail floor area does not exceed 15 percent of the gross floor area or 3,000 square feet, whichever is less, of the building in which the sales area is located. E. Area standards and requirements. 1. Minimum lot area, 1.5 acres (65,340 square feet). 2. Minimum lot width, 100 feet. 3. Minimum setbacks for principal buildings: (a) Front, 40 feet (100 feet). Abutting minor arterial, highway or interstate, 50 feet. (b) Side, 20 feet (100 feet). Abutting minor arterial, highway or interstate, 40-50 feet (per section 11.10, subdivision 6). (c) Rear, 30 feet (100 feet). Abutting minor arterial, highway or interstate 40-50 feet (per section 11.10, subdivision 6). Note: Setbacks in parentheses apply adjacent to R, P, and PF districts. 4. Minimum parking setbacks: (a) Front, 20 feet (40 feet). (b) Side, five feet (20 feet); 20 feet abutting public right-of-way. CD11:64 • • • • • • LAND USE REGULATIONS (ZONING) § 11.20 (c) Rear, five feet (20 feet); 20 feet abutting public right-of-way. Note: Setbacks in parentheses apply adjacent to R, P, and PF districts. 5. Maximum building coverage, 40 percent of total lot area. 6. Maximum building height, 45 feet; building heights up to 80 feet may be permitted, subject to air traffic corridor regulations and a one -foot increase in setback for each addition foot of building height. F. Parking standards and requirements. Off-street parking for the BP district shall be provided in accordance with the requirements of section 11.10, subdivision 12. G. Screening and landscaping requirements. Screening and landscaping of development within the BP district shall be provided in accordance with the requirements of section 11.10, subdivision 15, with the following additional requirements: 1. Ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets. 2. A minimum three -foot -high solid screen, consisting of plantings, berms, and/or decorative walls shall be provided within the required setback where off-street parking areas abut a public right-of-way or property with a different zoning or land use designation. H. Signage provisions. Signage within the BP district shall be provided in accordance with the requirements of section 4.20 with the following additional requirements: 1. No pylon or roof signs shall be allowed. 2. Building facade signage shall be limited to ten percent of the facade area. 3. Building facade signage on multitenant buildings shall be evenly distributed between all tenants. 4. In multilot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan. I. Performance standards. Development within the BP district shall be subject to the following performance standards: 1. Building materials. Major exterior surfaces of all primary structures shall be constructed of face brick, stone, glass, stucco, synthetic stucco, architectural concrete, cast in place or precast panels, or decorative block. Up to 15 percent of any wall surface may be constructed of wood, vinyl, or metal, as accent materials, provided they are appropriately integrated into the overall building design. No exterior surfaces shall be constructed of sheet aluminum, asbestos, iron, steel, plain concrete block or corrugated aluminum. Roofs, except flat roofs, shall be constructed of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. 2. Accessory structures. Accessory structures, either attached or detached from the primary structure, shall be constructed of identical materials, style, quality and appearance as the principal structure. CD11:65 § 11.20 EAGAN CODE 3. Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size (scale), and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25 percent of the canopy area. Internally illuminated canopies must be compatible with the overall color scheme of the building. The area of illumination shall be considered signage. 4. Loading docks and areas. Off-street loading areas must conform to the require- ments of section 11.10, subdivision 14, with the following additional require- ments: (a) Loading docks and maneuvering areas shall be solidly screened from all streets and adjacent properties. (b) Loading dock doors, railings and other appurtenances shall be compatible with the overall color scheme of the primary structure. 5. Outside storage. Outside storage shall not be allowed. Longterm outdoor parking or storage of commercial tractors and trailers is also prohibited. Trash, recyclable materials, and associated handling equipment shall be stored within the princi- pal structure or in an accessory structure, attached or separate from the primary structure, constructed of building materials compatible with the principal struc- ture. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 5-25-75; eff. Ord. of 5-28-76; eff. Ord. of 9-24-76; eff. Ord. of 7-21-78; eff. Ord. of 3-23-79; eff. Ord. of 4-23-79; eff. Ord. of 8-8-80; eff. Ord. of 10-2-81; eff. Ord. of 4-27-82; eff. Ord. of 8-10-82; Code 1983, § 11.20, eff. 1-1-83; Ord. No. 7, 2nd series, eff. 4-27-84; Ord. No. 36, 2nd series, eff. 4-11-86; Ord. No. 55, 2nd series, eff. 6-10-88; Ord. No. 66, 2nd series, eff. 7-15-88; Ord. No. 76, 2nd series, eff. 2-7-89; Ord. No. 120, 2nd series, eff. 5-17-91; Ord. No. 131, 2nd series, eff. 11-19-91; Ord. No. 172, 2nd series, eff. 11-12-93; Ord. No. 177, 2nd series, eff. 1-26-94; Ord. No. 191, 2nd series, eff. 1-5-95; Ord. No. 206, 2nd series, eff. 10-12-95; Ord. No. 208, 2nd series, eff. 12-7-95; Ord. No. 215, 2nd series, eff. 3-28-96; Ord. No. 220, 2nd series, eff. 5-16-96) Sec. 11.21. Shoreland zoning. Subd. 1. Purpose and intent. The unregulated use of shorelands within the city contrib- utes to the pollution of public waters and impairment of the local tax base, thereby threatening the public health, safety and general welfare. Therefore, it is in the best interests of public health, safety and welfare to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for effective and efficient use of waters and related land resources. Subd. 2. Scope. The provisions of this section shall apply to conduct, including, but not limited to, the use of any shoreland of public waters; the size and shape of shoreland lots; the use, size, type and location of structures on shoreland lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land which has shoreland area. CD11:66 • • • • • • LAND USE REGULATIONS (ZONING) Subd. 3. Enforcement. The city shall be responsible for the administration and enforce- ment of this section. It is unlawful for any person to violate the provisions of this section, including violation of conditions or restrictions of building permits, shoreland alteration permits, variances or conditional use permits. Subd. 4. Abrogation and greater restrictions. This section shall not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, except to the extent the provisions of this section are more restrictive. Subd. 5. Definitions. For purposes of this section only, the following terms shall have the meaning stated: 1. Bluff means a topographic feature, such as a hill, cliff, or embankment, having all of the following characteristics. An area with an average slope of less than 18 percent over a horizontal distance for 560 feet or more shall not be considered part of the bluff. A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25 feet above the ordinary high water level of the water body; C. 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 D. The slope must drain toward the water body. 2. Bluff impact zone means a bluff and the land located within 20 feet from the top of a bluff. 3. Building line means a line parallel to a lot line or the ordinary high water level at the minimum required setback beyond which a structure may not extend. 4. Clearcutting means the removal of an entire stand of trees. 5. Commercial planned development means a planned development of various commer- cial uses. 6. Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services. 7. DNR means the commissioner of the department of natural resources. 8. 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 dwelling site and at any point extending more than three feet aboveground. 9. Duplex means a dwelling structure on a single lot, having two dwelling units, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 10. 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. CD11:67 § 11.21 EAGAN CODE 11. Dwelling unit means any structure or portion of a structure, or other shelter designed as shortterm or longterm living quarters for one or more persons. 12. Extractive use means the use of land for the removal of surface or subsurface sand, gravel, rock, industrial minerals, a nonmetallic mineral, or peat not regulated by Minn. Stat. §§ 93.44-93.51 and amendments thereto. 13. Forest land conversion means the clearcutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. 14. Building height means 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. 15. 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. 16. Intensive vegetation clearing means the complete removal of trees, grasses or shrubs in a contiguous patch, strip, row, or block. 17. Ordinary high water level (OHWL) means 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 of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevations of the summer pool. 18. Planned development means a 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, whereby these units or sites provide areas of common space, density, increase mix of structure types and land uses. Planned developments may include, but are not limited to, condominiums, timeshare condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses or apartment buildings, and accessory land uses to the principal uses. 19. Public waters has the meaning given it in Minnesota Water Law (Minn. Stat. § 103G.005, subd. 15). 20. 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. 21. Riparian lot means a lot which borders on a lake, river or stream. 22. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constit- uency of the organization. CD11:68 • • • LAND USE REGULATIONS (ZONING) § 11.21 23. Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection. 24. Setback means the minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 25. Sewage treatment system means a septic tank and soil absorption system or other individual or cluster -type sewage treatment system as described and regulated in subdivision 9 of this section. 26. Sewer system means the pipelines or conduits, pumping stations, and force main and all other constructions, devices, appliances, facilities or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 27. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 28. Shoreland means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of any lake, pond, or flowage; and 300 feet from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. 29. Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is an unplatted cemetery within the provisions of Minn. Stat. § 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 Society. All unplatted cemeteries are automatically considered to be significant historic sites. 30. Steep slopes 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 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 this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 31. Structure means any building or appurtenance, except aerial or underground utility pipes or lines, including, but not limited to, sewer, electric, telephone, telegraph, gas, towers, poles and other supporting facilities. 32. Subdivision means land that is divided for the purpose of sale, rent, or lease, including planned unit development. CD11:69 § 11.21 EAGAN CODE 33. Surface -water -oriented commercial use means the use of land for commercial pur- poses, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. 34. Toe of the bluff means the lower point of a 50-foot segment with an average slope exceeding 18 percent. 35. Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding 18 percent. 36. Undue hardship means the property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a undue hardship if a reasonable use for the property exists under terms of the official controls. 37. Variance has the meaning given it in this chapter. 38. 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 surface water, reasonably needs to be located closer to public waters than minimum required structural setbacks. 39. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971). Subd. 6. Administration. A. Permits required. The provisions of chapter 4 of the City Code regarding the issuance of building permits shall apply to this section. 1. No buildings, building additions, including fences higher than six feet, decks, signs or sewage treatment systems shall be constructed, installed or altered, and no grading or filling activities not exempted by subdivision 12(I) of this section shall be permitted without first obtaining a permit from the city. Application for a permit shall be filed with the city clerk on the form provided by the city. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a conforming sewage treatment system will be provided should any building permits or conditional use permits be issued. 2. Any permit issued hereunder shall state that an identified, existing sewage treatment system, as defined by subdivision 9, shall be reconstructed or replaced in accordance with the provisions of this section. 3. The general provisions of this section shall be complied with before the issuance of the permit. B. Zoning compliance. Zoning compliance by the city shall be required for each activity requiring a permit as specified in subparagraph A, above. This will specify that the use of land conforms to the requirements of this ordinance. Any use, activity, or construction not authorized by permit shall be unlawful. CD11:70 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 C. Variances. 1. No variance may be granted except in accordance with Minn. Stat. ch. 462 and the provisions of this chapter. A variance shall not circumvent the general purposes and intent of this section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance with this chapter, and to protect adjacent properties and the public interest. In considering a variance request, the city council will also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or yearround, whether the variance is being requested solely on the basis of economic considerations, and the charac- teristics of development on adjacent properties. 2. The city shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with the zoning provisions governing variances. When a variance is approved after the depart- ment of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required therein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require reconstruction of a nonconform- ing sewage treatment system. D. Notifications to the department of natural resources. 1. The DNR shall be given notice of all requests for variances from the provisions of this section, and such notice shall be postmarked ten days prior to any hearing on the variance request. 2. Copies of all notices of any public hearings to consider variances, amendments, planned development or conditional uses under shoreland management controls shall be sent to the DNR or the DNR's designated representative and postmarked at least ten days prior to the hearing. Notices of hearings to consider proposed preliminary plats shall include copies thereof. 3. A copy of approved amendments and subdivisions/plats, and final decisions granting variances, planned developments, or conditional uses under shoreland management controls must be sent to the DNR or the DNR's designated representative and postmarked within ten days of final action. Subd. 7. Shoreland classification and shoreland use districts. A. Shoreland classification system. The public waters of the city have been classified in this subdivision consistent with criteria found in Minnesota Rules, part 6120.3300, and the Protected Waters Inventory Map for Dakota County, Minnesota: 1. The shoreland area for the water bodies listed below shall be as defined in this section and as shown on the official zoning map of the city. CD11:71 § 11.21 EAGAN CODE 2. Lakes: Land Shoreland DNR Section Overlay ID# (T27N-R23W) District Natural Environment Lakes (NE) 1. Holland 19-65 26, 35 Residential 2. Gerhardt 19-69 33SW Residential 3. Jensen 19-71 34 Residential 4. O'Brien 19-72 35SW Residential 5. Unnamed 19-73 35 Residential 6. Unnamed 19-74 35SE Residential 7. Schultz 19-75 35 Residential 8. Gun Club 19-78 4, 5 Residential Recreation Development Lakes (RD) 1. Blackhawk 19-59 16, 17, 21 Residential 2. McCarthy 19-60 22 Residential 3. Unnamed 19-63 25, 26 Residential 4. McDonough 19-76 35, 36 Residential General Development Lakes (GD) 1. Unnamed 19-54 1 Commercial 2. Lemay's 1?-55 10 Commercial/ Residential 3. O'Leary 19-56 15 Commercial/ Residential 4. Fish 19-57 15, 16 Residential 5. Bald 19-61 23NE Residential 6. Unnamed 19-62 25 Residential 7. Unnamed 19-64 36 Residential 8. Quigley 19-66 27 Residential 9. Thomas 19-67 27, 28 Commercial/ Residential 10. Unnamed (Pitt Lake) 19-68 29SW Commercial 11. Unnamed 19-70 33 Residential 12. Unnamed 19-77 36 Commercial/ Residential CD11:72 • • • • • • LAND USE REGULATIONS (ZONING) * 11.21 3. Urban rivers: River Shoreland Overlay District Minnesota River 4. Tributaries: Public Facilities (a) Kennellys Creek Section 18 Public facilities/ light industrial (b) Harnack Creek Section 18 Public facilities/ light industrial B. Land use zoning districts. 1. Purpose. The development of shorelands of public waters shall be controlled by means of land use zoning districts which are designated to be compatible with the classes of public waters to which they apply. Land use zoning districts are established to provide for: (a) The management of areas unsuitable for development due to wet soils, steep slopes, flooding, inadequate drainage, severe erosion potential, presence of significant historic sites, or any other feature likely to be harmful to the health, safety, or welfare of the residents of the city; (b) The preservation of areas suitable for residential development from encroach- ment by commercial and industrial uses; (c) The centralization of service facilities for residential areas and enhancement of economic growth for those areas suitable for limited commercial develop- ment; (d) The management of areas for commercial or industrial uses which, by their nature, require location in shoreland areas; (e) The preservation and enhancement of the quality of water -based recreational use of public waters including provisions for public accesses. 2. Land use districts for lakes and rivers. The permitted, conditional and prohibited uses in the districts listed below shall be as follows: PERMITTED USES Recreation General Natural Develop- Develop - Environmental ment ment Urban Zoning District / Use Lakes Lakes Lakes Rivers Tributaries Residential District Uses Forest management P P P P P Sensitive resources man- agement P P P P P Agricultural: crop & pas- ture P P P P P CD11:73 1 l.'21 EAGAN CODE Zoning District/ Use Recreation General Natural Develop- Develop - Environmental ment ment Urban Lakes Lakes Lakes Rivers Tributaries Agricultural; feedlots N N N N N Single residential P P P N N Semipublic/public use C C P P P Extractive use C C C C N Multiple residential C C P N N Surface -water -oriented commercial N N C N N Planned developments P P P N N Commercial/ Residential District Uses Any use in residential district As regulated in the residential district Commercial N N C N N Commercial planned de- velopment N N P N N Residential planned de- velopment N N P N N Commercial/Industrial District Uses Any use in residential district As regulated in the residential district Commercial/industrial N N C N N Commercial/industrial planned development N N P N N P = Permitted C = Conditional use N = Prohibited 3. Land use overlay districts. (a) The land use districts as described in this subdivision shall be overlay districts as shown on the official zoning map. (b) Any use shall be regulated by both the base zone and the shoreland overlay district with the most restrictive regulation required for use, setback, height, site coverage, density and any other applicable regulation or requirement. (c) Land use districts in the shoreland area shall be in conformance with the criteria specified in Minnesota Rules, part 6120.3200, subpart 3. (d) District boundaries for the shoreland overlay districts shall be as shown on the official zoning map of the city. (e) Conditional use permits shall be processed by the city as provided by the provisions of this chapter. (f) Nonconforming uses. Any approved use of a shoreland area in existence prior to the effective date of this section as amended which was permitted by the previous ordinance requirements but which does not meet the requirements CD11:74 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 of this section, as amended, shall be declared to be a nonconforming use. Nonconforming uses, including substandard sanitary facilities, shall be allowed to continue. However, any structural alteration or addition to a nonconforming use which will increase the present use's dimensions shall not be permitted. Any improvement shall require any substandard sanitary facilities to be upgraded in accordance with the provisions of this section. Subd. 8. Dimensional requirements. The following minimum requirements shall apply to all shorelands of the public waters within the city. Where the requirements of the underlying zoning district, as shown on the official zoning map, are more restrictive than those set forth herein, then the more restrictive standards shall apply. A. Unsewered areas. Natural Recreational General Environment Development Development Unsewered Areas* Waters Waters Waters Lot area (acres) 10 10 10 Lot width and building line (ft.) 200 150 100 Structure setback from or- dinary high water mark (ft.) 150 100 75 Structure setback from roads and highway (ft.) Determined by the zoning provisions of this chapter Structure height limita- tions Determined by the zoning provisions of this chapter Maximum lot area cov- ered by impervious sur- face (%) 25 25 271 Sewer system setback from ordinary high water mark (ft.) 150 75 50 * Multiple dwellings shall be prohibited in unsewered areas. B. Sewered areas in natural environmental waters. The dimensional requirements for unsewered areas shall apply to sewered areas except as follows: 1. Lot area (sq. ft.): Riparian lots 40,000 Nonriparian lots 20,000 2. Riparian lot width at building line (ft.) 125 3. Structure setback from ordinary high water mark (ft.) 100 CD11:75 § 11.21 EAGAN CODE C. Sewered areas in recreation development waters. All provisions for unsewered areas shall apply to sewered areas except as follows: 1. Commercial development: a. Maximum building height (stories) Four above ground with C.U.P. re- quired for height over 35 ft. b. Minimum building setback for OHWM (ft.) 75 c. Minimum riparian lot frontage (ft.) 75 d. Maximum impervious surface area (%)* 25 2. Single dwelling detached residential: a. Minimum riparian lot frontage (ft.) 100 b. Minimum building setback from OHWM (ft.) 75 c. Average lot ares for riparian lots (sq. ft.) 20,000 d. Average lot area for nonriparian lots (sq. ft.) 15,000 e. Maximum impervious surface area (%) 25 f. Maximum building height (ft.) 35 3. Multiple dwelling residential (by PUD only): a. Maximum building height (stories) Four above ground with a C.U.P. required for heights over 35 ft. b. Minimum building setback from OHWM (ft.) c. Minimum water frontage per devel- opment (ft.) d. Maximum impervious surface area (%)* e. Average lot area per unit for ripar- ian lots (sq. ft.) f. Average lot area per unit for nonriparian lots (sq. ft.) * See provisions of subdivision 9. CD11:76 75 200 25 Determined by PUD Determined by PUD • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 D. Sewered areas in general development waters. All provisions for unsewered areas shall apply to sewered areas except as follows: 1. Commercial development: a. Maximum building height (stories) Four above ground with C.U.P. re- quired for heights over 35 ft. b. Minimum building setback from OHWM (ft.) 50 c. Minimum water frontage (ft.) 100 d. Maximum impervious surface area (%)* 25 2. Single dwelling detached residential: a. Minimum water frontage (ft.) 75 b. Minimum building setback from OHWM (ft.) 50 c. Average lot area for riparian lots (sq. ft.) 15,000 d. Average lot area for nonriparian lots (sq. ft.) 12,000 e. Maximum impervious surface (%)* 25 f. Maximum height (feet) 35 3. Multiple dwelling (by PUD only): a. Maximum building height (stories) Four above ground With C.U.P. re- quired for heights over 35 ft. b. Minimum building setback from OHWM (ft.) 50 c. Minimum water frontage per develop- ment (ft.) 100 d. Maximum impervious surface area (ch ) ` 25 e. Average lot area per unit: Riparian lots (sq. ft.) Determined by PUD Other lots (sq. ft.) Determined by PUI) f. Minimum lot width/water frontage (ft.) 200 * See provisions of subdivision 9. E. Urban rivers and tributaries. No development shall be permitted along urban rivers and tributaries. F. Lot area and width requirements. The provisions of this subdivision with respect to the minimum lot area in square feet and minimum lot width requirements in lineal feet shall apply to residential lots created after the date of enactment of this section, as amended. Only land above the ordinary high water level of public waters can be used to meet lot area and lot width requirements. These minimum requirements shall be met at both the ordinary high water level and at the building line. CD11:77 § 11.21 EAGAN CODE Subd. 9. General provisions. A. Lots for controlled accesses. Lots used for controlled accesses to public waters or as recreation areas by owners of nonriparian lots within subdivisions shall meet or exceed the following standards: 1. Lots shall meet the minimum width and area requirements for residential lots and be suitable for the intended uses; 2. In the event docking, mooring, or over -water storage of more than six watercraft is present on a controlled access lot, the width of the lot (keeping the same lot depth) shall be increased by 25 percent in lot frontage for each watercraft beyond six; 3. Lots shall be jointly or commonly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot in a manner acceptable to the city and the DNR; and 4. Land covenants or other equally effective legal instruments shall be executed and provide the following restrictions: (a) Lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They may also include other outdoor recre- ational activities that do not significantly conflict with general public use of the public water or the enjoyment or normal property rights of adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. (b) The total number of vehicles allowed to be parked on the lot. (c) The total number of watercraft allowed to be continuously moored, docked, or stored over water. (d) Centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. (e) All parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water. B. Placement and design of structures. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots of a proposed building site, structure setbacks required for a new proposed building or an addition to an existing building may be altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone. C. Floodplain regulations. 1. Structures shall be located in accordance with the floodplain regulations of the City Code. CD11:78 • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 2. Water -oriented accessory structures, where allowed, may have the lowest floor placed lower than the elevation determined by the procedures in floodplain regulations if the structure is constructed of flood -resistant materials to the flood elevation, electrical and mechanical equipment is placed above the flood elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action, wind -driven waves and debris. D. Water -oriented accessory structures. On recreational development and general devel- opment lakes in residential districts, each residence may have one water -oriented accessory structure not meeting the normal structure setback requirements in this section if this water -oriented accessory structure complies with the following provi- sions: 1. The accessory structure shall not be a boat lift, fishhouse, pumphouse, boathouse, or any structure related to boating; 2. The accessory structure shall neither exceed ten feet in height, exclusive of safety rails, nor occupy an area greater than 150 square feet. Detached decks shall not exceed eight feet above grade at any point; 3. The accessory structure setback from the ordinary high water level shall be not less than ten feet; 4. The accessory structure visibility from the public waters and adjacent shoreland shall be reduced by vegetation, topography, increased setbacks or color treat- ment; and 5. The accessory structure shall neither be designed or used for human habitation nor contain water supply or sewage treatment facilities. E. Stairways, lifts, landings and docks. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design require- ments: 1. The stairways and lifts shall not exceed four feet in width, except stairways used as public open space recreational properties; 2. The stairway and lift landings on residential lots shall not exceed 32 square feet in area, except such landings used on public open space recreational properties; 3. Canopies or roofs shall not be permitted on stairways, lifts or landings; 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5. Stairways, lifts, and landings shall be located on a portion of the lot that most reduces these stairways, lifts and landings visibility from the public use. 6. Structures for mobility impaired persons including ramps, lifts, or mobility paths are permitted for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) above are complied with in addition to the requirements of Minnesota Rules, part 1340; and CD11:79 § 11.21 EAGAN CODE 7. Docks shall not exceed five feet in width unless a shoreland building permit is obtained therefor. F. Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the historical value of the site unless adequate information about the site, as determined by the Minnesota Historical Society, has been removed and documented in a public repository. G. Steep slopes. The city shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent soil erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters. H. Height of structures. All structures in all shoreland districts shall not exceed 35 feet in height, unless a conditional use permit is obtained therefor in accordance with the provisions of this chapter. Any application for a conditional use permit hereunder shall be subject to notice and comment by the DNR before the permit is issued by the city. I. Shoreland alterations. To prevent soil erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat, shoreland alterations are subject to the following conditions: 1. Vegetation alterations. (a) Any vegetation alteration necessary for the construction of structures, sewage treatment systems, roads and parking areas regulated by this section are exempt from the regulations in this provision. (b) Except for agricultural and forest management uses: (1) Clearcutting and intensive vegetation clearing within the shore impact zones and on steep slopes shall be prohibited. No intensive vegetation clearing for forest land conversion to another use outside of these areas shall be conducted without first obtaining a conditional use permit. No such permit shall be issued unless a soil erosion control and sedimenta- tion plan is approved by the soil and water conservation district in which the property is located. (2) In shore impact zones and on steep slopes, limited clearing or cutting, pruning, and trimming of trees and shrubs may be conducted to provide a view from the principal dwelling site to the public water and to make installation or construction of stairways, lifts, picnic areas, access paths, beach and watercraft areas and water -oriented accessory structures possible, provided that: (aa) The screening for structures, vehicles, or other facilities as viewed from the water is not substantially reduced; CD11:80 • • • LAND USE REGULATIONS (ZONING) § 11.21 (bb) Along rivers, existing shading of water surfaces is preserved; and (cc) In the shore impact zone, live trees larger than six inches in diameter shall not be cut, except to provide for water -oriented accessory structures or to provide a water -viewing corridor not to exceed 20 percent of the shoreline width of the lot. (3) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 2. Topographic alterations/grading and filling. (a) Grading, filling and excavations for the construction of structures, sewage treatment systems, and driveways under a validly issued building permit do not require the issuance of a separate grading and filling permit but shall be subject to the provisions of this subdivision. (b) Public roads and parking areas are regulated by this subdivision. (c) Notwithstanding any provisions in this section to the contrary, a permit shall be required for: (1) The movement of more than ten cubic yards of material on steep slopes and within shore impact zones. (2) The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. (d) The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Any filling that occurs in any type 3, 4, or 5 wetland over 2.5 acres in area shall require a permit from the DNR; (2) Alterations shall be conducted in a manner in order that the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulch or similar material shall be used for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as weather conditions allow; (4) Soil erosion control measures shall be used; (5) Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) No fill or excavated material shall be placed in a manner that creates an unstable slope or finished slopes of 30 percent or greater; (7) No fill or excavated material shall be placed on steep slopes without the city engineer's review for continued slope stability; (8) No fill or excavated material shall be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters shall be in accordance with the provisions of Minnesota Water Law (Minn. Stat. ch. 103G). CD11:81 § 11.21 EAGAN CODE (10) No alterations of topography shall be allowed, except if they are an accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; (11) No natural rock riprap shall be placed, including associated grading of the shoreline and placement of a filter blanket, unless the finished slope is not greater than 3:1 (may be increased by DNR permit), the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet; and (12) The provisions of City Code chapter 4 shall apply to excavations and fills under this section. (e) Connection to public waters. No excavation shall be conducted where the intended purpose is connection to public water, including boat slips, canals, lagoons, and harbors, without first obtaining a permit from the DNR. J. Wetland protection regulations. 1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated by the city to determine how extensively the proposed activity would affect the following functional qualities of the wetland: (a) Sediment and pollutant trapping and retention; (b) Storage of surface runoff to prevent or reduce flood damage; (c) Fish and wildlife habitat; (d) Recreational use; (e) Shoreline or bank stabilization; and (f) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or other. 2. An evaluation shall also be made to determine whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The person(s) propos- ing the wetland alteration shall be responsible for this evaluation and compliance with these agency regulations and requirements. 3. Development, grading and filling shall comply with the provisions of the Minnesota Water Law (Minn. Stat. chs. 103A-103G). 4. The city evaluation shall be utilized in setting forth any conditions or mitigation measures relating to wetland protection. K. Placement and design of roads, driveways, and parking area. 1. Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided to the city that all roads and CD11:82 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District, or other applicable technical materials. 2. Roads, driveways and parking areas shall meet minimum required setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, provided they are constructed in a manner to minimize adverse impacts as determined by the city. 3. Public and private watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subparagraph are met. For private facilities, the grading and filling provisions of this subdivision shall be met. L. Stormwater management. All developments shall meet the following requirements: 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods must be used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation condi- tions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, including diver- sions, settling basins, skimming devices, dikes, waterways, and ponds, shall be utilized. Stormwater management measures using surface drainage, vegetation, and infiltration shall be used rather than buried pipes and manmade materials and facilities when practical and reasonably possible. Settling basins to intercept urban runoff shall be sized to a minimum of a ten-year storm design. 4. Impervious surface coverage of lots must not exceed 25 percent of the lot. This may be increased provided the city has approved and implemented a stormwater management plan affecting the subject site and a conditional use permit permitting an increase has been granted. 5. When constructed facilities are used for stormwater management, a document from a duly qualified individual shall be filed with the city. The document shall state that the constructed facilities are designed and installed consistent with the field office technical guide of the local soil and water conservation district. 6. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. CD11:83 § 11.21 EAGAN CODE M. Special provisions for public/semipublic, agricultural, forestry and extractive uses. 1. Any surface -water -oriented uses and public or semipublic uses when permitted by Code which have need for access to and use of public waters may be located on parcels or lots with public waters frontage. Uses with water -oriented needs located on parcels or lots with public waters frontage shall comply with the following standards: (a) Topographic and vegetative screening of parking areas and structures shall be constructed and maintained; (b) No advertising signs or supporting facilities for signs shall be placed in or upon public waters. The city may install and maintain signs conveying information or safety messages; (c) No outside lighting shall be located within the shore impact zone or over public waters unless it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights; and (d) Commercial uses such as boat rides, on -board vendors or similar uses shall be prohibited. (e) Any uses that require shortterm watercraft mooring for patrons shall be centralized and constructed in a manner to avoid obstructions to navigation and the least size reasonably necessary to meet the need; except uses without water -oriented needs unless such uses are set back double the normal ordinary high water level setback or substantially screened from view from the water by vegetation or topography. 2. Agriculture use standards. (a) In all lake and river shoreland areas, general cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or managed under an approved conser- vation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts of the United States Soil Conservation Service (as provided by a qualified individ- ual or agency). The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. (b) Animal feedlot and grazing operation shall be prohibited. 3. Forest management standards. The harvesting of timber and associated refores- tation shall be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota. CD11:84 • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 4. Extractive use standards. (a) Site development and restoration plan. No extractive uses shall be conducted without first obtaining approval by the city. An extractive use site develop- ment and restoration plan shall be approved and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations and identify actions to be taken to mitigate adverse environmental impact, and erosion, and to rehabilitate the site after extrac- tive activities end. (b) Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. 5. Mining of metallic minerals and peat standards. Mining of metallic minerals and peat may be a permitted use in accordance with the provisions of Minn. Stat. §§ 93.44-93.51. N. Conditional uses. The provisions of this chapter regarding conditional use permits shall apply to all conditional uses with shoreland area, in addition to the following: 1. Site evaluation required. Prior to the issuance of any permit hereunder, an evaluation of the water body and the topographic, vegetation, and soil conditions on the site shall be made to ensure: (a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction; (b) The least visibility of structures and other facilities as viewed from public waters; (c) The site is adequate for water supply and on -site sewage treatment and public utilities are utilized when available; and (d) The types, uses, and number of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommo- date these watercraft. 2. Conditions of conditional use permits. The city council, upon consideration of the findings of the evaluation conducted pursuant to item 1, above, and the intent and purposes of this section, may issue a conditional use permit hereunder subject to, but not limited to, the following conditions: (a) Increased setbacks from the ordinary high water level; (b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and (c) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. CD11:85 § 11.21 EAGAN CODE O. Water supply and sewage treatment. 1. Water supply. Any public or private supply of water for residential purposes shall meet or exceed the state department of health, county and the state pollution control agency standards for water quality. 2. Sewage treatment. (a) All private sewage treatment systems shall meet or exceed the state pollution control agency' s standards for individual sewage treatment sys- tems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080," a copy of which is hereby adopted by the city by reference and incorporated as a part of the City Code. (b) All sewage shall be connected to public systems when available. (c) All on -site sewage treatment systems shall comply with the setback require- ments provided in subdivision 11 of this section. (d) An evaluation to determine all proposed sites suitable for individual sewage treatment systems shall be made upon consideration of the following: (1) Depth to the highest known or calculated ground water table or bedrock; (2) Soil conditions, properties, and permeability; (3) Slope; and (4) The existence of lowlands, local surface depressions, and rock outcrops. (5) It shall be the responsibility of the applicant to provide sufficient information, through either public documents or field investigations, in order for the foregoing considerations to be addressed. (e) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the following requirements: (1) A sewage treatment system not meeting the requirements of this subdivision must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on or use of the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (2) The city will require upgrading or replacement of any nonconforming system identified by this program within five years. Any sewer system installed according to applicable local shoreland management standards adopted under Minn. Stat. §§ 103F.201, 103F.205, 103F.211, 103F.215 and 103F.221 and amendments thereto, in effect at the time of installa- tion, may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods or systems with less soil treatment area separation above groundwater than required by the state pollution control agency's chapter 7080 for design of on -site sewage treatment systems shall be considered nonconforming. CD11:86 • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 (f) All on -site sewage treatment systems shall comply with regulations in the City Code. P. Subdivision provisions. 1. Land suitability. No preliminary plat shall be approved unless each lot, created through subdivision, including planned unit developments, is suitable in its natural state for the proposed use with minimal alteration. In determining whether a lot is suitable by the city, the city shall consider the following: (a) Susceptibility to flooding; (b) Existence of wetlands; (c) Soil and rock formations with severe limitations for development; (d) Severe erosion potential; (e) Steep topography; (f) Inadequate water supply or sewage treatment capabilities; (g) Nearshore aquatic conditions unsuitable for water -based recreation; (h) Important fish and wildlife habitat; (i) Presence of significant historic sites; and (j) Any other feature of the natural land likely to be harmful to the health, or welfare of the city. 2. Consistency with other controls. Subdivisions must conform to all City Code regulations. A preliminary plat shall not be approved when a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose, when areas are not served by publicly owned sewer and water systems, a domestic water supply is not available or a sewage treatment system consistent with City Code is not provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements, contiguous lawn area require- ments that are free of limiting factors sufficient for the construction of two standard soil treatment systems where private sewage systems are permitted. Preliminary plat lots that would require use of holding tanks shall not be approved. Subd. 10. Planned development (cluster developments). A. 7j,pes of planned developments permitted. No planned developments (PDs) shall be permitted, except for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land in exclusively planned development and zoning districts as classified in subdivision 7 of this section and on the official zoning map of the city. B. Conditional use requirements. Planned developments shall constitute a conditional use, thereby requiring a conditional use permit in accordance with the provisions of this chapter. CD11:87 § 11.21 EAGAN CODE C. Application for planned development. 1. Planned development uses shall comply with the regulations applicable in the planned development zoning district as provided in this chapter. 2. Any application for a conditional use permit for a planned development use in a shoreland zone shall provide the following information in addition to the information required under Minnesota Statutes and section 11.40 of this chapter: (a) Surface water features; (b) Existing and proposed vegetative detail; (c) Deed restrictions, covenants, or owners' association bylaws; (d) Details of water -oriented uses; (e) Longterm plans for preservation and maintenance of open space; (f) Two -foot integral contours; (g) Other information deemed necessary by the city council. D. Public utilities. Public utilities, including municipal sanitary sewer and water, shall be utilized for all planned development and planned development uses (PD) in the city. E. Site evaluation. Prior to the issuance of any permit under this subdivision, an evaluation of the site's suitable area, density, maintenance and design, open area, erosion, stormwater management plan, facilities, centralization, design plan and conversion shall be made in accordance with the following standards and procedures: 1. Site suitable area. A site's suitable area shall be evaluated using the following procedures and standards: (a) Shoreland tier dimensions. The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Sewered Type of Lake (feet) General development lakes, first tier (riparian) 200 General development lakes, second and additional tiers 200 Recreational development lakes 267 Natural environment lakes 320 (b) Suitable area calculation. The suitable area within each tier is calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. CD11:88 • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 F. Residential and commercial planned development use. The procedures for determin- ing the base density of a PD and density increase multipliers are as follows: 1. Residential PD base density evaluation. The suitable area within each tier is divided by the minimum single residential lot size standard for lakes to determine the maximum permitted density. Proposed locations and number of dwelling units or sites for residential planned developments are then compared with the tier, density, and suitability analyses herein and the design criteria in subparagraph H, below. 2. Commercial PD base density evaluation. (a) Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes shall not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. (b) Select the appropriate floor area ratio from the following table: COMMERCIAL PLANNED UNIT DEVELOPMENT FLOOR AREA RATIOS PUBLIC WATERS CLASSES Average Unit General Recreational Natural Floor Area Development Development Environmental (sq. ft.) Lakes Lakes Lakes 400 0.056 0.028 0.014 500 0.065 0.032 0.016 600 0.072 0.038 0.019 700 0.082 0.042 0.021 800 0.091 0.046 0.023 900 0.099 0.050 0.025 1,000 0.108 0.054 0.027 1,100 0.116 0.058 0.029 1,200 0.125 0.064 0.032 1,300 0.133 0.068 0.034 1,400 0.142 0.072 0.036 1,500 and above 0.150 0.075 0.038 (c) Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. (d) Divide the total floor area by tier, computed in item 2 above, by the average inside living area size determined in item 1 above, to determine a base number of dwelling units and sites for each tier. (e) Allowable densities may be transferred from any tier to any other tier further from the water body, but shall not be transferred to any other tier closer. 3. Proposed locations and number of dwelling units or sites for the commercial planned development are then compared with the tier, density and suitability analyses herein- and the design criteria as provided in this division. CD11:89 § 11.21 EAGAN CODE G. Density increase multipliers. 1. Increases to the dwelling unit or dwelling site base densities previously deter- mined are allowable if the dimensional standards in this section are met or exceeded and the design criteria in subparagraph H below are satisfied. The allowable density increases in item 2, below, will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the city and the setback is at least 25 percent greater than the minimum setback. 2. Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments: Density Evaluation Tiers Maximum Density Increase Within Each Tier (Percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 H. Maintenance and design criteria. 1. Before final approval of a planned development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure longterm preservation and maintenance of open space. The instruments shall include all of the following protection: (a) Commercial uses prohibited (for residential PDs). (b) Vegetation and topographic alterations shall be prohibited except by routine maintenance. (c) Construction of additional buildings or storage of vehicles and other mate- rials shall be prohibited. (d) Uncontrolled beaching of watercraft shall be prohibited. 3. Development organization and functioning. Unless an equally effective alterna- tive community framework is established, when applicable, all residential planned developments shall use an owners' association with the following features: (a) Membership shall be mandatory for each dwelling unit or site purchases and any successive purchasers; CD11:90 • • • • • LAND USE REGULATIONS (ZONING) § 11.21 (b) Each member shall pay a pro rata share of the association's expenses, and unpaid assessments shall become liens on units or sites; (c) Assessments shall be adjustable to accommodate changing conditions; and (d) The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. I. Open space standards. Planned developments shall contain open space meeting all of the following standards: 1. At least 50 percent of the total project area shall be preserved as open space; 2. Dwelling units or sites, road rights -of -way, or land covered by road surfaces, parking areas, or structures, except water -oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; 3. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; 4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; 5. Open space shall not include commercial facilities or uses, but may contain water -oriented accessory structures or facilities; 6. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, perma- nent easements, public dedication and acceptance, or other equally effective and permanent means; and 7. The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural state. J. Erosion control and stormwater management. Erosion control and stormwater man- agement plans shall be developed and the PD shall: 1. Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by the soil and water conservation district may be required if project size and site physical characteristics warrant; and 2. Be designed and constructed to effectively manage reasonably expected quanti- ties and qualities of stormwater runoff. Impervious surface coverage within any CD11:91 § 11.21 EAGAN CODE tier shall not exceed 25 percent of the tier area, except that for commercial PDs increased impervious surface coverage may be allowed in the first tier of general development lakes with an approved conditional use permit and stormwater management plan and consistency with this section. K. Centralization and design of facilities. Centralization and design of facilities and structures shall be done in accordance with the following standards: 1. Planned developments shall be connected to publicly owned (municipal) water supply and sewer systems if available; 2. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classifi- cation: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with this subparagraph for developments with density increases; 3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in suitable areas. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; 4. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided; 5. Accessory structures and facilities, except water -oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and 6. Water -oriented accessory structures and facilities may be allowed if they meet or exceed design standards provided in this subdivision and are centralized. L. Conversions. The city shall not permit existing land uses and facilities to be converted to residential planned developments. M. Existing unit conditions. Existing dwelling unit or dwelling site densities that exceed standards in this subdivision may be allowed to continue but shall not be allowed to be increased. Subd. 11. Nonconformities. Nonconformities, as of the effective date of this section, may continue, but shall be administered according to applicable state statutes and other regula- CD11:92 • • • • • • LAND USE REGULATIONS (ZONING) § 11.21 tions of the city for future alterations and additions, repair or replacement after damage, discontinuance of use, and intensification of use, except that the following standards shall also apply in shoreland areas: A. Construction on nonconforming lots of record. 1. Lots of record in the office of the county recorder on the effective date of local shoreland controls that do not meet the requirements of subdivision 8 of this section may be allowed as building sites without variances from dimensional requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became nonconforming, the lot was in compliance with official shoreland controls in effect at the time it was created, and the lot meets all sewage treatment and setback requirements of this section are met. 2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. 3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the shoreland dimensional requirements of this section, then the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the shoreland dimensional requirements of this section as reasonably possible. B. Additions I expansions to noncon forming structures. 1. Any additions, enlargements or expansion to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other dimensional requirements of this section. Any deviation from these requirements shall be authorized by a variance as provided in this section. 2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following requirements are met: (a) The structure existed on the date the structure setbacks were established; (b) A thorough evaluation of the property and structure reveals no reasonable location for a deck which would meet or exceed the existing ordinary high water level setback of the structure; (c) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (d) The deck is constructed primarily of wood, and is not roofed or screened. CD11:93 § 11.21 EAGAN CODE C. Nonconforming sewage treatment systems shall conform to the sewage treatment system regulations as provided in this section. D. Public utility connections. Any new commercial or residential development permitted in any shoreland district where available shall be connected to the public utilities. (Code 1983, § 11.21, eff. 1-1-83; Ord. No. 164, 2nd series, eff. 4-9-93) Cross references —Rules and regulations governing boating and related water activities within the city, § 10.24; compliance with wetland conservation statutes and regulations, § 10.25. Sec. 11.22. Interim use permits. Subd. 1. Definition. "Interim use" is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. Subd. 2. Conditions. The council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Subd. 3. Termination. Any interim use permitted hereunder shall terminate upon the effective date of any amendment to this chapter that results in the interim use being no longer permitted. Subd. 4. Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the city council with all interested parties being given an opportunity to be heard. Subd. 5. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in Minn. Stat. § 462.357, subd. 3. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.22, eff. 1-1-83; Ord. No. 88, 2nd series, eff. 9-15-89; Ord. No. 190, 2nd series, eff. 11-17-94) Secs. 11.23-11.29. Reserved. CD11:94 • • • • • • LAND USE REGULATIONS (ZONING) § 11.39 Sec. 11.30. Performance standards. Subd. 1. Purpose. The guiding of urban development so as to develop a compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts, conditional and accessory uses shall conform to the following standards: A. Noise. Any use producing noise shall be in conformance with the minimum standards as adopted and enforced by the state pollution control agency. B. Smoke and particulate matter. Any use established, enlarged, or remodeled after the effective date of this chapter shall be so operated as to meet the minimum require- ments of the state pollution control agency regarding emission of smoke and particulate matter. C. Toxic or noxious matter. The discharge of toxic or noxious matter shall conform with the minimum standards as adopted by the state pollution control agency. D. Odors. The discharge of odors shall conform with the air quality standards as adopted by the pollution control agency. E. Vibrations. Any use creating periodic earth shaking vibrations shall be in conform- ance with the minimum standards concerning vibration as adopted and enforced by the state pollution control agency. F. Glare and heat. Any use producing heat or light transmission shall be in conformance with the minimum standards as adopted and enforced by the state pollution control agency. G. Waste material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the city engineer which is consistent with the policies and standards of the state pollution control agency. H. Bulk storage (liquid). All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemical and similar liquids shall comply with the requirements of the state fire marshals and state department of agriculture offices and have documents from those offices stating the use is in compliance. I. Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the state pollution control agency. J. Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. K. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from the R district line. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.30, eff. 1-1-83) Secs. 11.31-11.39. Reserved. CD11:95 § 11.40 EAGAN CODE Sec. 11.40. Administration and enforcement. Subd. 1. Enforcing officer. A. The council shall designate a city employee who shall be primarily responsible for the enforcement of this chapter. B. The enforcing officer shall enforce this chapter and in furtherance of said authority, may: 1. Enter upon the land or within a building during reasonable working hours as found necessary to fulfill his duties as administrator of this chapter. 2. Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter. 3. Maintain permanent and current records of this chapter, including, but not limited to, maps, amendments and conditional uses, variances, appeals, certifi- cates of occupancy and applications thereto. 4. Institute, in the name of the city, appropriate actions or proceedings against a violator as provided by law. 5. Establish and enforce necessary or desirable regulations in writing, clarifying or explaining any provision of this chapter. Subd. 2. Board of adjustments and appeals. A. The council shall act as the board of adjustments and appeals. B. The board of adjustments and appeals shall meet within 21 days from the date of receipt of an application for an appeal to consider all appeals from decisions of the chief building official under the building code, determinations made by the city staff in the enforcement of this chapter, council decisions, and such other matters as may be directly referred to it by the council. C. The board of adjustments and appeals shall make a finding of fact and make a decision on appeal where it is alleged by the applicant that error has occurred in any order, requirement, decision or determination in accordance with the procedures described in subdivision 3 hereof, except that the appeal request may go directly to the council serving as the board of adjustments and appeals. All appeals shall be filed no later than 90 days after the alleged error. D. The board of adjustments and appeals shall decide whether to approve or deny the appeal within 60 days after the appeal request is submitted to it. E. The grant of an appeal shall be by two-thirds vote of the full council serving as the board of adjustments and appeals. Subd. 3. Variances. A. Purpose. The council may grant variances from the strict application of the provisions of the applicable City Code provisions and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of such City Code provisions. CD 11:96 • • • • • • LAND USE REGULATIONS (ZONING) § 11.40 B. Procedures. 1. Request for a variance shall be filed with the city clerk on an official application form. Such application shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance and shall be accompanied by a fee as established by council resolution. This fee shall not be refunded. Such application shall also be accompanied by sufficient copies of detailed and written and graphic materials necessary for the explanation of the request as prescribed by the city, together with a list of property owners affected or within 200 feet of the outer boundaries of the subject property. The request shall be considered as being officially submitted when all the information requirements are complied with. 2. The advisory planning commission shall make a finding of fact and review each request for variance and recommend approval or denial of said request. All owners of property located within 200 feet of the outer boundaries of the subject property shall be mailed a notice of the request for variance and those that the city clerk determines are affected by the variance. In formulating its decision, the planning commission shall consider the effect of proposed variance on the comprehensive guide plan and on the character and development of the neigh- borhood. In cases when a variance is requested with an application for approval of a preliminary plat, the planning commission shall make its recommendation simultaneously with its preliminary plat decision. No additional fee nor applica- tion shall be required and such request for variance shall be included with the application for preliminary plat approval. The planning commission, based on reports and recommendations by the city staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure or use as it may deem advisable in the interest of the intent and purpose of this chapter. 3. The planning commission shall make a recommendation to the council within 60 days after the first regular meeting at which the variance request was considered by the planning commission. The recommendation of the planning commission and the city staffs report shall be presented to the council at its next regular meeting. 4. In considering all requests for a variance or any subsequent appeal, the city staff, the advisory planning commission and the council shall make a finding of fact that the proposed action will not: (a) Impair an adequate supply of light and air to adjacent property. (b) Unreasonably increase the congestion in the public street. (c) Increase the danger of fire or endanger the public safety. (d) Unreasonably diminish or impair established property value within the neighborhood. (e) Disrupt the traditional practices or social cohesiveness of the community. CD11:97 § 11.40 EAGAN CODE (f) Or in any other way be contrary to the intent of this chapter or other applicable City Code provisions. C. Issuance. The council may hold a public hearing on the variance request if it deems it necessary or advisable. The procedures for the notice and public hearing shall be the same as that described in subdivision 5, subparagraph D hereof except that the public hearing shall be held by the council. If the council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant and that granting of the proposed variance will not be contrary to the intent of this chapter and the comprehensive guide plan and that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty, the council may grant such variance and impose conditions and safeguards therein. D. Denial. Variances may be denied by the council, and such denial shall constitute a finding and determination that the conditions required for approval did not exist. E. Lapse of variance or appeal. Whenever within one year after granting a variance or appeal the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the council. Such extension shall be requested in writing and filed with the city clerk at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. Such petition shall be presented to the advisory planning commission for a recommendation and to the council for a decision. Subd. 4. Conditional use permits. A. Purpose. Conditional uses include those uses which are not generally suitable within the zoning district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this subdivision 4 have been met. B. Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in subdivision 5 hereof, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits be filed with the director of community development on a form prescribed by the director of community development. CD11:98 • • • • • • LAND USE REGULATIONS (ZONING) § 11.40 C. Standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. D. Conditions. In reviewing applications of conditional use permits, the planning commission and the council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. E. Denial for noncompliance. If the planning commission recommends denial of a conditional use permit or the council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this section. F. Permittee. A conditional use permit shall be issued for a particular use and not for a particular person. G. Periodic review, term of permit. A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use. CD11:99 § 11.40 EAGAN CODE H. Revocation. Failure to comply with any condition set forth in a conditional use permit or any other violation of City Code provisions shall also constitute sufficient cause for the termination of the conditional use permit by the council following a public hearing. I. Expiration. In any case where a conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void. If the conditional use is discontinued for six months, the conditional use permit shall be null and void. Subd. 5. Amendments (including zoning). A. Provisions. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any existing district may only be made by an affirmative vote of two-thirds of all members of the council. B. Initiation. Proceedings for amendment of this chapter shall be initiated by: (1) a petition of the owner or owners of the property which is proposed to be rezoned; (2) a recommendation of the planning commission; or (3) by action of the council. C. Petitions. All petitions for amendments which are initiated by the owner or owners of the property shall be filed with the city clerk, and if the application involves the changing of zoning districts and boundary thereof, the application shall be accompa- nied by an abstractor's certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. The petition shall be forwarded to the planning commission by the city clerk. D. Public hearing —Notice and procedure. The planning commission shall hold at least one public hearing affording the parties interested the opportunity to be heard and shall give not less than ten days' nor more than 30 days' notice of the time and place of such hearing, published in the designated legal newspaper of the city. Such notice shall also include the description of the land and the proposed changes in zoning. At least ten days before the hearing, the city clerk shall mail an identical notice to the owners of the property and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceeding, provided a bona fide attempt to comply with this subdivision has been made. The council may waive the above mailed notice requirement in connection with a citywide zoning or amendment to the text of this chapter, initiated by the planning commission or the council. An amendment to the text of this chapter, however, shall also require a public hearing as described above. E. Referral to planning commission. The council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommen- dation. CD11:100 • • • • • LAND USE REGULATIONS (ZONING) § 11.40 F. Petitions for rezoning shall include a detailed map showing the number of acres in each separate zoning district. G. If the planning commission fails to make a report within 60 days after receipt of the application, the council may act without the recommendation. The council may grant the petition from time to time for further investigation and hearing. The council may also request further information and report from the planning commission. H. Floodplain zoning district. All amendments to this chapter affecting the floodplain zoning district, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the commissioner of natural resources prior to the adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. Changes to the official zoning map shall meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and shall receive prior FEMA approval before adoption. The commissioner of natural resources shall be given ten days' written notice of all hearings to consider any given amendment, including variances to this chapter, and said notice shall include a date of the amendment or technical study under consideration. Subd. 6. Planned development. A. Purpose. Planned development districts, which are supplementing to all other zoning districts, may be established or the boundaries thereof may be changed under the requirements of subdivision 5 hereof for zoning, except as otherwise provided by this subdivision. B. Petition. All petitions for planned developments shall be the same as required by subdivision 5, subparagraph C, hereof for zoning, and include the addition of the following: 1. All of the information required under section 11.20, subdivision 8 of this chapter. 2. Sketch plan. (a) Streets. This shall include the proposed locations of all major and minor arterials and collector streets. The details of local access streets are not required with the preliminary development plan. (b) Utilities. This shall include proposed general plans for sanitary sewer and water trunks and storm sewer trunk and holding ponds. Detailed plans are not required at this time. (c) Lots and blocks. The property may be divided into blocks only at this time. Detailed lot design is not required with the preliminary development plan. (d) Future platting. None of the above is meant to circumvent platting required prior to building construction or the requirements of chapter 13 of the City Code. The above states the minimum requirements for the preliminary CD11:101 § 11.40 EAGAN CODE development plan stage. The developer, at his option, may provide greater detail at this stage. Without detailed lot plans, another preliminary plat hearing will be needed as development ensues. 3. Staging plan. This shall include the proposed sequence of development in terms of years or range of years of all areas of the planned development. It shall include staged development of structures, utilities, streets, walkways and dedication of parks, ponds or open space. 4. Parks and pedestrian circulation. This shall include the exact location and dimension of public parks, ponds and trails proposed to be dedicated to the city. It shall also include a proposed pedestrian circulation plan related to the city's plan for a "trail system." 5. Land use plan. This shall include an area -to -area designation of the type of use(s) proposed with corresponding acreage and densities. The land use plan shall show the ultimate development (in block form) proposed for the entire property, i.e., major„ minor or collector streets; parks; trails; ponds or open space; residential, commercial, industrial or institutional development. 6. All of the above shall constitute the "preliminary development plan." C. Planned development agreement (see section 11.20, subdivision 8-C). 1. Prior to establishing a planned development district, a planned development agreement, detailing the manner and procedures under which the planned development shall be developed, shall be adopted by the council. 2. Said planned development agreement shall include as a minimum, but not be limited to: (a) Aclear identification of the plans and maps which form the preliminary plan. These shall be attached and a part of the agreement. (b) A statement of the number and type of dwelling units that are being approved. (c) Method of satisfying park dedication requirements. (d) A statement describing any building or structure to exceed normal height limitations and referencing the multistory building agreement. Approval of building permits shall be in compliance with the conditions for exceeding height limitations provided in section 11.20, subdivision 15-B and subdivi- sion 19-C. D. Final development plans. Prior to the construction or the issuance of building permits, the following information shall be approved. This may be approved in stages as development ensues. 1. Final plat. This shall be in accordance with chapter 13 of the City Code and revisions thereto. 2. Final building drawings and specifications. These shall be presented to the chief building official for review and recommendation to the planning commission and council. CD 11:102 • • • • • • LAND USE REGULATIONS (ZONING) § 11.40 3. Final site plans and landscape schedule. These shall be presented to the city staff for review and recommendation to the planning commission and council. These shall be scaled drawings and include all site detail. E. Excavation permit. Prior to approval of all details related to the final development plans, the council may grant an excavation permit. Subd. 7. Building permit reviews. A. Purpose. In order to insure compliance with the intent and purpose of this chapter and compatibility with adjacent uses, applications for building permits shall be approved according to this subdivision. B. Petition. The applicant shall submit the following together with an application according to city requirements: 1. A landscape plan as required under section 11.10, subdivision 15. 2. Building plans including scaled elevation plans. 3. A detailed and dimensional site plan. 4. Drainage and utility plans. C. Procedure. 1. All building permit applications shall first be reviewed by staff and be in compliance with the state building code. 2. Applications for building permits on unplatted property for all uses other than for single family shall be reviewed by the advisory planning committee prior to final action by the council. 3. Applications for building permits requiring variances, conditional use permits or special permits or not in compliance with all City Code provisions shall be reviewed by the advisory planning committee prior to final action by the council. 4. The chief building official shall review and may approve all other applications for building permits. Codifier's note —Any references in this chapter to the requirement of a special permit and/or special use permit shall be deemed to now require a conditional use permit as governed by this chapter. Subd. 8. Petition forms. The city shall provide the necessary petition forms for all petitions required under this chapter. Subd. 9. Fees. The required fees to be paid for each petition required under this chapter shall be established by separate resolution of the council, and the fee schedule may be revised from time to time. In addition, the petitioner shall pay all reasonable costs incurred by the city for review and inspection, including preparation of reports and review of plans by the city engineer, city attorney, and city planner or other members of the staff and costs of a similar CD11: 103 § 11.40 EAGAN CODE nature. This payment shall be made by the petitioner upon receipt of an itemized invoice from the city, and said payment shall be in addition to the fee required with the petition and hereinabove provided for. (Ord. No. 52, eff. 4-25-75; eff. Ord. of 5-25-75; eff. Ord. of 5-28-76; eff. Ord. of 8-12-77; eff. Ord. of 4-27-82; Code 1983, § 11.40, eff. 1-1-83; Ord. No. 95, 2nd series, eff. 2-16-90; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 188, 2nd series, eff. 11-17-94) Cross reference —Administration and general government, ch. 2. Secs. 11.41-11.79. Reserved. Sec. 11.80. Floodplain regulations. Subd. 1. Finding of facts and purposes. A. A portion of the lands within the regulating jurisdiction of the city is subject to recurrent flooding by overflow of rivers and other watercourses causing a hazard to life and property, disruption of commerce and governmental services and the interruption of transportation and communications, all of which are found by the council to be detrimental to the health, safety, welfare and property of residents of the city. B. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing the losses described in subparagraph A above. C. Statutory authorization. The legislature of the state has, in Minn. Stat. chs. 103F and 394, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minn. Stat. ch. 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. D. Statement of purpose. A purpose of this section is to maintain the city's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expendi- tures base, all of which adversely affect the public health, safety and general welfare. E. Warning of disclaimer of liability. This section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decisions lawfully made thereunder. Subd. 2. Definition. The following terms, as used in this section, shall have the meanings stated: 1. Regulatory flood protection elevation means a point not less than one foot above the water surface profile associated with the regional flood plus any increases in the flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this section are required to be elevated or floodproofed. CD 11:104 • • • • • • LAND USE REGULATIONS (ZONING) § 11.80 Subd. 3. General provisions. A. Adoption of flood insurance rate maps. The flood insurance rate maps for the city, dated August 11, 1978, developed by the Federal Emergency Management Agency, is hereby adopted by reference as the official floodplain zoning district map and made a part of this section (Ref: Flood Zone C 270103001B and 270102002B) B. Lands to which floodplain regulations apply. Regulations in this section shall apply to all lands designated as floodplain within the zoning jurisdiction of the city. C. Map interpretation. The boundaries of the floodplain district shall be determined by scaling distances on the official floodplain district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the community development director or project planner shall make the necessary inter- pretations based on elevations on the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the city shall: (1) require a floodplain evaluation consistent with subdivision 5 of this section to determine a 100-year elevation for this site; or (2) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain. D. Relationship to other city zoning regulations. The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the city. The uses permitted in subdivision 4 of this section shall be permitted only if not prohibited by any established, underlying zoning district shown in section 11.20 of this chapter. The requirements of this section shall apply in addition to other legally established regulations of the city and where the floodplain regulations contained in this section impose greater restrictions, the provisions of the floodplain regulation shall apply. E. Compliance. No other structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this section. Within the floodway and flood fringe areas, all uses not listed as a permitted use or a conditional use in subdivision 4 shall be prohibited. In addition: 1. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of the zoning chapter and specifically, subdivisions 4 and 7 of this section. 2. Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically subdivision 3, E of section 11.10; and 3. As -built elevations for elevated structures must be certified by ground surveys as stated in subdivision 5 of this section. F. Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. CD11:105 § 11.80 EAGAN CODE Subd. 4. Floodplain district (FP). A. Permitted uses. The following uses shall be permitted uses within the floodplain district, provided they are not prohibited by any other City Code provision: 1. Roads, bridges and associated fill, subject to meeting minimum state standards set by the DNR and MNDOT. 2. Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. 3. Agricultural uses not involving a structure such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, for- estry, sod farming, and wild crop harvesting. 4. Private and public recreational uses that do not involve a structure such as tennis courts, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, hunting and fishing areas, hiking and horseback riding trails. 5. Residential uses such as lawns, gardens, parking areas and play areas. 6. Loading areas and parking areas. B. Conditional uses. The following uses shall only be permitted by conditional use permit in the floodplain district (FP) provided they are not prohibited by any other City Code provisions: 1. Storage of equipment and materials. 2. Gravel mining and other earth material extraction operations. 3. Clean earth fill to elevate newly constructed buildings in the flood fringe area above the 100-year elevation. 4. Clean earth fill to elevated existing buildings in the flood fringe above the 100-year flood elevation. C. Prohibited uses. The following uses shall be strictly prohibited in the floodplain district (FP): 1. The placement of new or used building structures in the floodway, including new residences. New residential subdivisions are also prohibited in the floodplain (FP) district. 2. Travel trailer or travel vehicle parks or campgrounds shall not be permitted in the floodplain (FP) district. 3. Manufactured homes shall not be permitted in the floodplain (FP) district. D. Standards for floodplain uses. The following standards shall be met for any use in the floodplain (FP) district: 1. Storage of material and equipment. (a) The storage or processing of materials that are, in time of flooding, flamma- ble, explosive, toxic or potentially injurious to human, animal, or plant life is prohibited. CD11:106 • • • • • LAND USE REGULATIONS (ZONING) § 11.80 (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. 2. Obstructions. No uses shall be permitted or issued a conditional use permit which will adversely affect the capacity of the channels or floodway of any main stream or any of its tributaries or of any drainage ditch or any other drainage facility or system, unless it is a flood control or conservation project approved by the DNR and the county SWCD. 3. Vehicular access. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the council. In granting a variance, the city shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. Vehicular access to agricultural lands for purposes of working the farmland shall be exempted from these provisions. 4. Parking lots and public access. Accessory land uses, such as railroad yards, public access and parking lots, may be at elevations lower than the regulatory flood protection elevation. However, a conditional use permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocity greater than four feet per second upon occurrence of the regional flood. 5. On -site sewage treatment and water supply systems. Where public utilities are not provided: (1) on -site water supply systems must be designed to prevent infiltra- tion of floodwaters into the systems; and (2) new replacement on -site sewage treatment systems must contain checkvalves or other devices designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on -site sewage treatment systems (rule 7080) shall be determined to be in compliance with this section. 6. Manufactured homes. All existing manufactured homes must be securely an- chored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top of frame ties to ground anchors. This require- ment is in addition to applicable state or local anchoring requirements for resisting wind forces. 7. Utilities, railroads, roads and bridges. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state floodplain management standards contained in Minnesota Rules 1983, parts 6120.5000 to 6120.6200. CD 11:107 § 11.80 EAGAN CODE Subd. 5. Floodplain evaluation procedure. A. Site evaluation. Upon receipt of an application for a conditional use permit, variance, manufactured home park development or subdivision approval within the floodplain district, the community development director or project planner shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a certified engineer, hydrologist, or other qualified person, specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minnesota Rules 1983, parts 6120.5000 (Technical Standards and Requirements for Floodplain Evaluation) and 6120.5700 (Minimum Floodplain Man- agement Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal. B. Notification to DNR. The community development director or project planner shall submit one copy of all information required by subdivision 5, A of this section to the department of natural resources' area hydrologist for review and comment at least ten days prior to the granting of a conditional use permit, variance or zoning amendment, and at least 20 days prior to the granting of a subdivision approval by the city. The community development director or project planner shall notify the department of natural resources' area hydrologist within ten days after a conditional use permit, variance, subdivision or manufactured park development/subdivision is approved by the county. C. Certification of lowest floor elevations. Lowest floor elevation shall not be permitted below the flood line. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. The community development director or project planner shall maintain a record of the elevation of the lowest floor (including basement) for all alterations or additions, to existing structures in the floodplain district. Subd. 6. Special provisions for floodplain variances. A. For floodplain regulation purposes, a variance means a modification of a specific permitted development standard required in an official control, including this section, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in the city's zoning provisions. B. The council may authorize, upon appeal in specific cases, such relief or variance from the floodplain regulations as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the state enabling legislation for planning and zoning for Minnesota cities. In the granting of such a variance, the council shall clearly identify in writing the specific condition that exists consistent CD11:108 • • • • • • LAND USE REGULATIONS (ZONING) § 11.99 with the criteria specified in the enabling legislation which justified the granting of the variance. The variance shall otherwise be processed in accordance with the provisions of section 11.40 of this chapter. Subd. 7. Special provisions for floodplain violations. A. Investigation. When a City Code violation is either discovered by or brought to the attention of the community development director or project planner, the community development director or project planner shall investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information shall be submitted to the department of natural resources along with the city's plan of action to correct the violation to the degree possible. B. Order. The community development director or project planner shall notify the suspected party of the requirements of the floodplain regulations and all other official controls and the nature and extent of the suspected violation of these controls. If the structure or use is under construction or development, the community development director or project planner may order the construction immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, the community development director or project planner shall either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after -the -fact permit or development approval within a specified period of time not to exceed 30 days. If the permit is not granted, the use or structure shall be immediately brought into compliance. C. Final action. If the responsible party does not appropriately respond to the commu- nity development director or project planner within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The community development director or project planner shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this chapter. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.80, eff. 1-1-83; Ord. No. 133, 2nd series, eff. 2-14-92; Ord. No. 147, 2nd series, eff. 7-29-92) Secs. 11.81-11.98. Reserved. Sec. 11.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Ord. No. 52, eff. 4-25-75; Code 1983, § 11.99, eff. 1-1-83) C D 11:109 • • • Chapter 12 RESERVED CD12:1 Subdivision Regulations (Platting) 13 • • • • • • Chapter 13 SUBDIVISION REGULATIONS (PLATTING)* Sec. 13.01. Purpose. Sec. 13.02. Jurisdiction. Sec. 13.03. Interpretation; conflict. Sec. 13.04. Definitions. Secs. 13.05-13.09. Reserved. Sec. 13.10. Application procedures and approval process. Secs. 13.11-13.19. Reserved. Sec. 13.20. General provisions. Secs. 13.21-13.29. Reserved. Sec. 13.30. Data and design standards. Secs. 13.31-13.39. Reserved. Sec. 13.40. Administration and enforcement. Secs. 13.41-13.98. Reserved. Sec. 13.99. Violation a misdemeanor. *Cross references —Planning and zoning department, § 2.36; construction licensing, permits and regulation, including signs, excavations and mobile home parks, ch. 4; land use regulations, ch. 11. State law reference —Subdivision regulations, Minn. Stat. § 462.358. CD13:1 • • • SUBDIVISION REGULATIONS (PLATTING) § 13.02 Sec. 13.01. Purpose. These regulations are adopted for the following purposes: (1) To protect and provide for the public health, safety and general welfare of the city; (2) to guide the future growth and development of the city in accordance with the comprehensive guide plan, the official map and the capital improvement program of the city; (3) to provide for adequate light, air and privacy, to secure safety of the land and undue congestion of population; (4) to protect the character and the social and economic stability of all areas of the city and to encourage the orderly and beneficial development of all areas of the city; (5) to protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings; (6) to guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities; (7) to provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings and to provide for the proper location and width of streets and building line; (8) to establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land; (9) to insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision; (10) to prevent the pollution of air, streams, ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the city in order to preserve the integrity, stability and beauty of the city and the value of the land; (11) to preserve the natural beauty and topography of the city and to insure appropriate development with regard to these natural features; (12) to provide for open spaces through the most efficient design layout of the land; (13) to preserve agricultural and other open lands; and (14) to promote the availability of housing affordable to all persons and families of all income levels. (Code 1983, § 13.01, eff. 1-1-83) Sec. 13.02. Jurisdiction. Subd. 1. Filing of conveyance of land. No conveyance of land to which these regulations are applicable shall be filed or recorded with the county recorder's office if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations became effective. The foregoing provision does not apply to a conveyance if the land described: A. Was a separate parcel of record as of December 21, 1954; or B. Was a separate parcel of not less than 21/z acres in area and 150 feet in width on January 1, 1966; or C. Was a single parcel of land of not less than five acres and having a width of not less than 300 feet, on July 1, 1980. CD13:3 § 13.02 EAGAN CODE D. Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width. E. Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. Subd. 2. Council waiver. A. The council, after review by the planning commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this chapter by adoption of a resolution after compliance with waiver provisions of this chapter, which resolution shall specify which provisions have been waived in any case: 1. In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this chapter; or 2. Where an improved plat can be achieved by deviation from certain provisions of this chapter. B. A waiver may be granted without planning commission review only when the subdivision consists of a split of a duplex lot or lots with existing structures having individual utility services designed in accordance with standards imposed by the council upon the original plat. Subd. 3. Requirement for building permit. No building permit shall be granted for the erection of any building or structure upon lands which are not platted in accordance with the requirements of this section or which was platted as an outlot. (Code 1983, § 13.02, eff. 1-1-83; Ord. No. 13, 2nd series, eff. 4-27-84) Sec. 13.03. Interpretation; conflict. Subd. 1. Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. Subd. 2. Conflict with public and private provisions. A. Public provisions. The regulations are not intended to interfere with, abrogate or annul any other City Code provision, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other City Code provision, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. B. Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the CD13:4 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.04 provision of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. [Subd. 3. Reserved.] Subd. 4. Saving provision. These regulations shall not be construed as abating any action now pending under or by virtue of prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm, or corporation or as waiving any right of the city under any section or provision existing at the time of adoption of these regulations or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the city, except as they shall be expressly provided for in these regulations. (Code 1983, § 13.03, eff. 1-1-83) Sec. 13.04. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Abutting means as defined in City Code chapter 11. Alley means a minor public right-of-way which affords a secondary means of vehicular access to abutting property. Applicant means the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises. Block means an area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior boundary lines of the subdivision and/or bodies of water. Bond means any form of security including a cash deposit, surety bond or letter of credit in an amount and form satisfactory to the council and filed with the office of city treasurer. Boulevard means that portion of a street right-of-way between the curb or curbline and the property line. Building means any structure having a roof which may shelter or enclose persons, animals or chattel. When said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Building setback means the minimum horizontal distance from a lot boundary to the nearest part of the foundation wall, except that no roof, eave or overhang shall project more than 30 inches into the setback zone. Capital improvements program means a proposed city schedule of future projects or capital purchases listed in order of priority together with cost estimates and the anticipated means of financing each project. CD13:5 § 13.04 EAGAN CODE Comprehensive guide plan means the duly adopted plan guiding the land use development of the city. Construction plan means the map or drawing accompanying a subdivision plat and illustrating the specific location and design of improvements to be installed in the subdivision in accordance with engineering and City Code requirements of the city and as conditioned in the approval of the plat. County plat committee means a committee established by the county board of commis- sioners to review plats. County recorder means the county recorder when referring to abstract or registered property under the torrens system in the county. Cul-de-sac means a local street with only one vehicular outlet and having an appropriate terminal for the safe and convenient reversal of traffic. Developer means the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises. Driveway provides access to a street from a residence, business or parking lot. Dwelling means as defined in City Code chapter 11. Easement means a recorded interest in land which authorizes a designated portion of that land for a specific limited use which shall include but not be limited to the following uses: ponding, drainage, utilities, access, parking, etc. Engineer means the director of public works of the city. Escrow means a deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Excavation means as defined in City Code chapter 11. Final plat means a drawing, in final form, showing a proposed subdivision containing all information and detail required by state statutes and by this chapter to be presented to the council for approval and which, if approved, may be duly filed with the county registrar of deeds. Frontage means that side of a lot abutting on a public street right-of-way. Grade means the slope of a street or other public way, specified in percentage terms. Highway, limited access means a freeway or expressway, providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway. Improvements. See definition of Public improvements. Licensed engineer means a person licensed as a professional civil engineer by the state. CD13:6 • • • SUBDIVISION REGULATIONS (PLATTING) § 13.04 Lot means as defined in City Code chapter 11. Lot area means as defined in City Code chapter 11. Lot, corner means as defined in City Code chapter 11. Lot depth means as defined in City Code chapter 11. Lot line means as defined in City Code chapter 11. Lot line, front means as defined in City Code chapter 11. Lot line, rear means as defined in City Code chapter 11. Lot line, side means as defined in City Code chapter 11. Lot of record means as defined in City Code chapter 11. Lot, through means as defined in City Code chapter 11. Lot width means as defined in City Code chapter 11. Model home means a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling unit may be erected, at the discretion of the city, by permitting a portion of the subdivision to be temporarily developed for this purpose. Multiple dwelling means a structure used for residential living uses and having more than one dwelling unit in the same building. Nonaccess easement means an easement restricting vehicular access from a public street to public or private property. Official map means a map duly adopted by the council pursuant to the provisions of state statutes when such may exist. Outlot means a platted lot to be developed for a use which will not involve a building or be reserved for future replatting before development. Owner means any individual, firm, corporation, association, syndicate, partnership, or trust but shall mean the fee owner or owners and may include others with an interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations. Performance bond means a bond granted by the person(s) platting property to the city to guarantee the installation of improvements required in this chapter. Pedestrian way means a public pedestrian walkway provided between lots where required by the city to allow for pedestrian accessibility to streets or public service areas. This may also be referred to as a "trailway." Planned development means as defined in City Code chapter 11. CD13:7 § 13.04 EAGAN CODE Preliminary plat means a drawing clearly marked preliminary plat showing salient features of a proposed subdivision as specified in this chapter. Protective covenant means a contract between parties which constitutes a restriction on the use of the property for the benefit of the owners. Public improvement means any drainage ditch, street, sidewalk, public utility, pedestrian way, tree, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. Public land means land owned and/or operated by a governmental unit. Public services means services provided by utility companies including gas, electric, cable TV, telephone, etc. Publication means an official notice as prescribed by state statutes in a newspaper so designated for this purpose by the council. Registered engineer means an engineer properly licensed and registered in the state. Registered land surveyor means a land surveyor properly licensed and registered in the state. Replat means the platting of an area that was previously platted. Right-of-way means, for land platting purposes, that every right-of-way hereafter estab- lished and shown on a final plat is to be separate and distinct from the lots and/or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Public right-of-way shall be dedicated for public use by the maker of the plat on which such right-of-way is established as required. Public use is meant to incorporate but not be limited to streets, crosswalks, sidewalks, trailways, railroads, electric/telephone/gas transmis- sion and distribution lines, water main, sanitary sewer, storm sewer or other designated public special use. Screening means a strip of densely planted or natural growth with shrubs or trees at least four feet high at the time of planting, of a type that will form a yearround dense screen at least six feet high or an opaque wall or barrier or uniformly painted fence at least six feet high. Either planting or barrier shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof. Sketch plan means a sketch of a proposed subdivision showing information specified in subdivision 3 of section 13.10 and subdivision 1 of section 13.30 of this chapter. Solar energy system means a set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes, including heating and cooling of buildings and other energy using processes, or to produce generated power by means of any combination of collecting, transferring or converting solar generated energy. CD13:8 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.04 Solar skyspace means the space between a solar collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation. Street means a public right-of-way which affords a primary means of access•to abutting property. Street, arterial means a street which serves or is designed to serve heavy flows of traffic and which is primarily used as a route for traffic between communities and/or heavy traffic generating areas. Street, collector means a street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to an arterial street. Street, dead-end or cul-de-sac means a street with only one vehicular outlet. Street, half means a street designed to provide access to only one side of the right-of-way. Street, local means a street to serve primarily as an access to abutting properties. Street, private means a street which is not dedicated to the city for public use. Street, service means a marginal access street which is generally parallel to and adjacent to a major street. Street pavement means the wearing surface of a street. Street width means the width of the right-of-way, measured at right angles to the centerline of the street. Structure means as defined in City Code chapter 11. Subdivider means any person, firm, corporation, partnership or association, who shall lay out any subdivision or part thereof as defined herein, either by himself or with others. Subdivision means the division of any parcel of land into two or more lots, blocks or parcels. It also includes resubdivision of land and, when appropriate to the context, relates to the process of subdividing. Surveyor means a person duly registered as a land surveyor by the state. Trailway means an area so designated on a plat for public trail use in a manner regulated by the city. Use means as defined in City Code chapter 11. Variance means an exception granted by the council from the literal provisions of these subdivision regulations where unique conditions exist which do not apply to the area in general. Yard means as defined in City Code chapter 11. Zoning districts means as defined in City Code chapter 11. (Code 1983, § 13.04, eff. 1-1-83) CD13:9 § 13.05 EAGAN CODE Secs. 13.05-13.09. Reserved. Sec. 13.10. Application procedures and approval process. Subd. 1. General procedure. Whenever any subdivision of land is proposed, before any binding contract is made for the sale of any part thereof, before the subdivision is recorded with the county and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which includes basically three steps for a subdivision: A. Preliminary plat, general design. B. Preliminary plat, technical design. C. Final plat. Subd. 2. Petitions. All petitions for preliminary plats and final plats shall be filed with the city clerk and shall include all of the information required on the petition form provided by the city and all the information required by this chapter. A petition filed with the city clerk, which, if approved by the city council, would require a comprehensive guide plan amendment or rezoning, shall be deemed incomplete under Minn. Stat. § 462.358 and this chapter, until such time as the city council has approved the comprehensive guide plan amendment and/or the rezoning. It shall be the obligation of the petitioner to provide all information required by this chapter, and failure to do so may be used as a reason for the city council to deny said petition. Subd. 3. Preliminary plat —General design. A. Petition. Preliminary plat general design submission shall at a minimum include all information required by this chapter, all the information required on the petition, as adopted by the city, as well as the following: 1. Six full size copies and one eight -inch by 11-inch reduction of each general design plan, which plan shall include all the specified information as required in this chapter. 2. Fees as established by resolution of the council. 3. Abstractor's certificate of property owners within 350 feet of the subject land. 4. Exact legal description of the property. 5. A signed petition form, as adopted by the city, together with all documents referred to therein. 6. A signed escrow agreement, and all required funds thereunder, as adopted by the city. B. Staff review. 1. Within ten days after the preliminary plat general design submission has been filed with the city, the city staff shall complete the initial review to determine if CD 13:10 • • • • • SUBDIVISION REGULATIONS (PLATTING) ss 13.10 all required petition information has been filed. If it has not, the petitioner shall be so informed. However, failure by the city to inform the petitioner does not obligate the city in any manner. 2. When the submission is complete, the staff review and evaluation committee shall review the petition in preparation for the developer/staff meeting. The detailed review will determine whether or not the application is acceptable. 3. Following the developer/staff meeting, the applicant has until the end of the fifth business day following the meeting to submit revisions, special reports and/or companion applications deemed necessary at said meeting. 4. When the revisions, if any, are submitted and deemed complete, the city clerk shall advertise for a public hearing before the planning commission under the same provisions for which a public hearing is advertised and notices are mailed for a rezoning (as prescribed in section 11.40 of City Code chapter 11) and shall at the same time forward a copy to the applicable school district for review and comment at the public hearing where deemed appropriate by the school district. C. Public hearing. 1. The planning commission shall hold a public hearing on the advertised date and time and afford all interested persons an opportunity to be heard. Within 30 days of the closing of the hearing but in no event later than 90 days after delivery of the petition to the city, the planning commission shall report its findings or make a recommendation on the preliminary plat to the council. 2. Within 120 days of delivery of a petition submitted in compliance with this chapter, the council shall approve or deny said preliminary plat, unless the subdivider gives written consent, -wherein the council shall have additional time to either approve or deny said preliminary plat. This provision is intended to be in full compliance with Minn. Stat. ti 462.358. Approval shall be for a period of one year or longer, as specified by the council. Upon expiration of the time limit, all approvals for preliminary plats or portions thereof for which a final plat has not been recorded with the county shall be null and void, and a new petition and processing shall be necessary to revalidate the preliminary plat unless the council shall grant an extension of time prior to the expiration date. Subd. 4. Preliminary plat —Technical design. A. Information with submission. After the proposed preliminary plat has been condi- tionally approved by the council, the technical design submission shall include any information required on the preliminary plat petition and such additional information as may be deemed necessary by the city for review and action. 1. Deposit with the city all required funds pursuant to the escrow agreement as adopted by the city. B. Staff review. When the technical design information submission is complete, it shall be reviewed by the community development and engineering departments. Approval of the technical design is required before the preliminary plat is deemed complete for purposes of accepting an application for a final plat by the city. CD13:11 § 13.10 EAGAN CODE Subd. 5. Final plat. A. Requirements prior to final plat approval. The following information shall have been received by the city, prior to council approval and the recording of a final plat with the county: 1. A preliminary plat in accordance with the provisions of this chapter. 2. An "environmental assessment worksheet" when required by and subject to the provisions of state statutes. 3. Approval by the county plat committee for all plats fronting on a county highway and approval by the state department of transportation for all plats fronting upon a state or federal highway. 4. Execution of a planned development agreement for property zoned as "planned development." 5. A completed and signed final plat application as prescribed by the city. 6. Payment of all fees as established by resolution of the council. 7. Ten copies of the final plat plus one copy of the hard-shell for the permanent files of the city which shall be the same as the document to be filed with the county. (See section 13.30, subdivision 3.) 8. A determination by the council on the method by which park dedication shall be satisfied. 9. An engineering feasibility study for city -installed public improvements and council award of the improvement project. 10. Submission of all data and details as required under section 13.30 of this chapter. 11. Easements or deeds as may be required by the city for trailways, ponding, parks, utilities or similar public purposes in a form prescribed by the city attorney. 12. Submission of cash escrow, letter of credit or similar guarantee as required under the development deposit agreement. 13. Execution of a development contract, drafted by the city, embodying the terms and conditions of approval. 14. Submission of a cash escrow, letter of credit or similar guarantee to guarantee performance of the terms and conditions set forth in the development contract. 15. Evidence of title certified to date. B. Staff review. Within ten working days after the final plat application has been received, the city shall complete the initial review to determine if all required information has been filed. If it has not, the petitioner shall be so informed. However, failure by the city to inform the petitioner does not obligate the city in any manner. When the provisions of this section 13.10, subdivision 5 have been completed, the city administrator shall schedule the final plat for a regular council meeting. C. Signing and recording of final plat. 1. Right to convey individual lots. No right to convey individual lots shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by city officials and the recording of the plat with the county. CD13:12 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.20 2. Signing of plat. The final plat shall not be released by the city clerk for recording with the county until the following has occurred: (a) The signature of the mayor or, in his absence, the acting mayor has been recorded on the plat attesting to the date upon which the council approved the final plat. (b) The signature of the city clerk and seal of the city has been recorded on the plat attesting to the above -referenced actions by the city and the validity of the signatures. (c) The letter of credit, performance bond, cash escrow or similar guarantee for the final plat application escrow and contract management escrow required by the development escrow agreement has been received. (d) The final plat shall be signed within ten days of council approval if all of the required material is on file. 3. Recording of plat. It shall be the responsibility of the subdivider to file the plat with the county recorder within 60 days from final plat approval by the council, unless a time extension has been granted by the council. Failure to record the plat within the 60-day period shall render final plat approval by the council null and void until a new application has been processed and approved by the city, unless the council has granted an extension of time in which the final plat shall be recorded. 4. Proof of recording. The city shall not issue building permits or commence construction under public utility or street contracts on the platted property until such time as the city clerk has been satisfied that the plat has been recorded with the county recorder. If problems arise which are beyond the subdivider's control, the city can waive this restriction. (Code 1983, § 13.10, eff. 1-1-83; Ord. No. 13, 2nd series, eff. 4-27-84; Ord. No. 37, 2nd series, eff. 6-20-86; Ord. No. 77, 2nd series, eff. 3-3-89; Ord. No. 209, 2nd series, eff. 12-14-95; Ord. No. 199, 2nd series, eff. 2-23-95) Secs. 13.11-13.19. Reserved. Sec. 13.20. General provisions. Subd. 1. Model homes. Model homes or dwelling units, in a number authorized by the council, may be permitted in any residential subdivision subject to the following conditions: A. The model home area shall be designated on the preliminary plat, reviewed by the planning commission, and approved by the council. Said approval shall include an approved site plan detailing the area so designated and temporary improvements such as public parking areas, nonresidential structures and/or similar improvements normally associated with a model home area. B. The model home area shall exist for a time period specified in the development contract or until the project is sold out or rented out, whichever shall be sooner. At the CD13:13 § 13.20 EAGAN CODE end of said time period, the subdivider shall be required to restore the area to a normal residential character, unless a time extension is granted by the council, so that the model home may serve to advertise another area. C. The city may require a bond, in an amount determined by the council, to insure restoration of a model home area. D. Signs in a model home area shall be regulated by City Code section 4.20 and amendments thereto. E. Individual units, built on speculation, with no exterior alterations for model home purposes, shall be exempt from these requirements. F. Model homes may not be constructed prior to final plat approval by the council. G. Model homes may be constructed prior to the availability of public utilities, but not occupied as residential living units until public utilities are connected to the dwellings. Subd. 2. Grading of site prior to final plat. Subsequent to preliminary plat approval, the developer may apply for an excavation permit from the council and, upon receipt of such permit, may commence construction to the grades and elevations required by the approved preliminary plat. Said "excavation permit" shall be issued under the provisions of City Code section 4.30 and amendments thereto. Issuance of said "excavation permit" does not obligate the council, in any manner, to approve a final plat. Lot grading prior to the approval of a final plat shall be done under the requirements of section 13.30, subdivision 15, subparagraph H of this chapter. Subd. 3. Effective period of preliminary plat approval. The approval of a preliminary plat shall be effective for a period of one year or longer, as specified by the council. The council, however, may, upon adequate cause shown, grant an extension of the approval period. At the end of this time, final plat approval on the subdivision shall have been obtained from the council. Any preliminary plat not receiving final approval within the period of time set forth herein shall be null and void, except as provided by Minn. Stat. § 462.358, subd. 3c, and the developer shall be required to resubmit a new application for preliminary plat approval subject to all new zoning restrictions and subdivision regulations of the city existing at the time of submission of the new application. (See section 13.10, subdivision 4.) Subd. 4. Zoning regulations. Every plat shall conform with existing zoning provisions of the City Code and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the zoning chapter rendering the plat nonconforming, provided that final approval is obtained within the one-year or longer period, as specified by the council. Said conformance shall not be interpreted as restricting the council's authority to allow flexibility in density and dimensional requirements in areas zoned planned development (PD) as provided in the zoning chapter. CD13:14 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.20 Subd. 5. Private ownership of multiple -dwelling lots. Where the filing of a final plat on a multiple -dwelling project is to be delayed as approved by the council until after foundations, which will form lot boundaries, are constructed, said delay in filing shall be subject to the following conditions: A. All final plat procedures shall be followed and completed prior to issuance of building permits except for the preparation of final plat map, signing of the final plat, unless signature is not required by state law, and dedication of public lands shown on the plat. In place of the final plat map, the subdivider shall prepare a preliminary copy of the final plat map which the council shall use in granting its approval and the city shall use in issuing building permits. B. The final plat map shall be submitted, signed by the city, unless signature is not required by state law, and recorded with the county, and final plat requirements shall be met in all other respects prior to the occupancy for residential use of any dwelling unit included in the area of the final plat. Subd. 6. Findings related to preliminary and final plats. In the case of all platting, the planning commission and the council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the comprehensive guide plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of the county, the state, or the metropolitan council. C. That the physical characteristics of the site, including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention, are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the city for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to city handbook on solar access.) CD13: 15 § 13.20 EAGAN CODE J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization," which document is properly approved and filed in the office of the city clerk, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. Subd. 7. Platting additions. A. Prior to granting final plat approval, the council may permit or require the plat to be divided into two or more additions and may impose such conditions upon the filing of the additions as it may deem necessary to assure the orderly development of the plat. B. The city may also require the developer to plat all areas not developed at the time of platting the first addition into outlots. Subd. 8. Public uses. A. Parks, trailways, recreational areas, ponding areas and other public uses. 1. Designation on preliminary plat. Where a proposed park, trailway, ponding or open space area, shown on the city's comprehensive guide plan, park develop- ment guide, official map, or suitable alternate approved by the council, is located in the whole or in part in a subdivision, such area or areas shall be shown on the preliminary plat. Such area or areas shall also be dedicated to the city by the subdivider if the council requests such dedication under the remaining provisions of this subdivision. 2. Parkland dedication or cash contribution. Said dedicated land shall be in an amount determined to be reasonable by the council as established by resolution described as the park dedication and/or cash contribution policy. Said land must be suitable and acceptable for said uses(s), as determined by the council. In lieu of the conveyance of dedicated land as provided above, the owner or subdivider may, at the option of the city, pay to the city, for use in acquisition and development of parks, a cash payment. Such payment shall be based upon a rate schedule established by resolution of the council, as described above, in effect at the time of approval of the final plat. 3. Dedication credits for construction. Dedication credit shall not be granted for the construction of recreational facilities unless a specific agreement granting credit is approved by the council. CD 13:16 • • • SUBDIVISION REGULATIONS (PLATTING) § 13.20 4. Dedication of ponding areas. (a) Ponding areas, needed as a part of the overall city storm drainage plan, shall be dedicated in fee or easement at the option of the city and in a form acceptable to the city. However, no credit shall be given for park dedication unless said area meets the criteria for public parks as stated in the city's comprehensive plan and the city's park dedication resolution and is approved as such by the council. Said dedication of land or easement shall be in a form approved by the council. (b) As a prerequisite to plat approval and/or a waiver of plat approval, the applicant shall dedicate ponding areas required under the city water quality management plan and/or shall make a cash contribution to the city's water quality management fund at the city's option. Ponding area dedication shall be in an amount as determined by the council as reasonably necessary to comply with the city's water quality management plan. The cash contribu- tion shall be based on a rate schedule established by resolution of the council from time to time. 5. Land in excess of dedication requirements. Where land proposed for public use exceeds the amount legally and reasonably required by the city and the subdivider will not dedicate the additional amount, the council shall have a maximum of four months from the date of preliminary plat approval by the council to proceed with an option or purchase of said additional amount. Where a purchase is not initiated, the plat shall be revised to permit another use and the processing of the plat shall continue. 6. Timing of dedication. If a new subdivision is designed to be platted into more than one addition, all park or other public use lands contemplated under this section for each phase of the subdivision, except streets, alleys or easements other than those leading directly to such sites, shall be dedicated by the time of approval of the final plat for that phase. 7. Condition of areas to be dedicated. Areas to be dedicated for public park, trail or ponding shall be brought to a suitable condition by the subdivider prior to acceptance by the city. All dead and diseased trees, trash, junk, unwanted structures or similar undesirable elements shall be removed by the owner at his expense. Said condition shall also be in accordance with the city handbook on environmental protection. 8. As a prerequisite to plat approval and/or a waiver of plat approval, the applicant shall dedicate land required to complete the city's trail plan and/or shall make a cash contribution to the city's park trail fund, at the city's option. Land dedication shall be in an amount as determined by the council as reasonably necessary to complete the city's trail plan in accordance with the city's trail dedication policy. The cash contribution shall be based on a rate schedule established by resolution of the council, from time to time. For residential property, the cash contribution shall be made at the time of approval of the final plat or approval of the waiver CD13:17 13.20 EAGAN CODE of plat in the amount as determined by the rate schedule in effect at the time of the approval. With respect to commercial, industrial, or public facility property, the cash contribution shall be made at the time of the issuance by the city of a building permit in the amount as determined by the rate schedule in effect at the time of the issuance of the permit. B. Title and survey requirements. Lands so dedicated shall be accompanied by a certificate of survey or shall be designated as a lot or outlot on the plat as determined by the city. Further, such lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by an up-to-date abstract of title or registered property abstract to be submitted at developer's cost to the city for its examination. Such dedication shall be in the form and manner as prescribed by the city attorney. Subd. 9. Landlocked parcels. As a general rule, the city shall not permit landlocked parcels or parcels that are only served by private easements. However, the city may permit the following: A. Landlocked parcels in a multiple -dwelling or commercial complexes provided said parcel(s) have access to a public street by an easement over another parcel within the same multiple -dwelling or commercial complex. Said landlocked parcel is permitted in this instance only for the purpose of establishing separate taxable parcels within a complex. B. Landlocked parcels which are unbuildable (outlots or parcels) reserved as permanent public open spaces such as ponding areas may be permitted. Subd. 10. Fees. Where fees are not specifically stated in this chapter, said fees shall be established by resolution of the council, which may revise the fee schedule from time to time. A schedule of all fees established by this chapter shall be published and available at the city hall. Subd. 11. Council vote. All actions related to this chapter, including amendments, variances, waivers and plat approvals, shall require a majority vote of the members of the council present at a duly constituted council meeting. Subd. 12. Planned developments. In platting areas zoned planned development (PD) districts as described in the zoning chapter, the following shall be required: A. Avalid "planned development agreement" shall be entered into at or prior to final plat approval by the city or said approval shall be null and void. B. As a part of the approval of a plat, the council may grant any dimensional deviations from the strict dimensional requirements for each base zoning district as deemed necessary to accomplish an overall plan under the provisions of a planned develop- ment district. CD 13:18 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.20 C. Said deviation as described in the above subparagraph shall not be interpreted to automatically increase densities above those permitted in the planned development agreement. Said deviations shall relate only to dimensions. D. Said dimensional deviations approved as a part of a plat in a planned development district shall not require individual variances. E. Said dimensional deviations as referenced in this subdivision of this chapter shall relate to lot area, lot width, lot depth, frontage on a public street, street width, setbacks for any yard, height, setback from adjacent zoning district or use, length of culs-de-sac, length of block and radius of culs-de-sac. F. Said dimensional deviations shall be clearly stated and documented at the time of approval by the council before they shall have full form and effect. Subd. 13. Plat approved without variances. Where a plat has been approved by the city and recorded with the county which contains a lot or lots which do not meet the minimum required dimensions as stated in this chapter or in the zoning chapter, said lots shall have the following status: A. Said lot(s) shall be considered conforming lots and be entitled to all rights normally expected with a conforming lot under the circumstances of subparagraphs B and C below. B. Said lot(s) shall not be entitled to any special consideration for other variances and no other dimensional variances other than those existing on the plat shall be automat- ically accrued. C. Deviations from the zoning chapter are noted in subdivision 12 of this section. Subd. 14. Building permits prior to public and private services. A. No permits until contract uwarded. In plats that are to be served by municipal water and sanitary sewer, the city shall not issue building permits until a contract has been awarded for the installation of said water and sewer by the city or by the developer and as approved by the city. (See subdivision 1 of this section.) B. No occupancy until public and/or private utilities available. Where building permits are issued as provided in subparagraph A above, the building or units therein shall not be occupied (except model homes —see subdivision 1 of this section) until said building(s) are provided with public sewer and water service, private services (gas, electricity, sewer, water) and an improved public street to the extent that the street is graded and gravel surfaced. C. Where a building permit is issued under subparagraph B above, the person to whom the permit is issued proceeds at his own risk and the city assumes no obligation to provide public services within a specified time limit. D. Private septic system and well. Exceptions to subparagraph B above shall be automatically granted for public sewer and water utilities for lots which are served by private septic systems and private water wells when said private systems are approved by the city. CD 13:19 § 13.20 EAGAN CODE Subd. 15. Noise abatement. Where a plat is located along a freeway, major arterial or other area which generates high volumes of noise, the subdivider shall be required to prepare a plan to provide noise abatement. Said plan shall provide for noise abatement through architectural site design, the construction of earth berms, dense vegetation, walls, or the combination thereof or similar means which shall be reviewed and approved by the city. Such barriers shall be constructed in accordance with PCA standards for the appropriate land use. Subd. 16. Consolidation of lots of record. The owner of contiguous platted lots of record may consolidate those lots at any one location into one lot by recording the consolidation with the county and filing a copy of a certificate of survey, showing same, with the city clerk within 30 days of recording. Subd. 17. Division of lots of record. Contiguous platted lots of record which have been consolidated shall not be resubdivided except through a replat or waiver of platting as provided in this chapter. Subd. 18. Preliminary plat compliance with floodplain requirements. With the approval of a preliminary plat, the city shall review the plat to insure that each lot or parcel contains sufficient area outside of the floodplain for structures, sewer systems and related activities. (Code 1983, § 13.20, eff. 1-1-83; Ord. No. 54, 2nd series, eff. 6-10-88; Ord. No. 74, 2nd series, eff. 1-6-89; Ord. No. 96, 2nd series, eff. 2-16-90; Ord. No. 102, 2nd series, eff. 5-25-90; Ord. No. 138, 2nd series, eff. 4-29-92) Secs. 13.21-13.29. Reserved. Sec. 13.30. Data and design standards. All preliminary plats, general and technical design, and final plats shall provide, as a minimum, the following data and shall conform to the design standards set forth in this section except where deviations are approved by the council in a "planned development" district or where a specific variance is granted by the council. Subd. 1. Preliminary plat —General design submission. The preliminary plat -general design submission shall contain six sets of the following plans: a preliminary plat plan, a site plan, a general utility and street plan, a general grading/drainage/erosion control plan, a general landscape plan and a parkland dedication plan. These plans shall be submitted in accordance with subdivision 3 of this section. A. Preliminary plat plans. A preliminary plat plan shall contain the following: 1. General information. (a) Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plat. The use of the word "estate" shall only be permitted if the property is zoned "estate." (b) Vicinity map as provided by the city illustrating the general location of the proposed subdivision. (c) Legal description of the boundary of the subdivision. CD13:20 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 (d) Names, addresses and telephone numbers of the owners, developer, surveyor and/or engineer, and contact person. (e) North arrow (orientated up). (f) Graphic scale of 1" = 50' or 1" = 100'. (g) Sheet size of 22" x 34" or 24" x 36". (h) Date of preparation. (i) Benchmark. 2. Site data for proposed subdivision. (a) Boundary line of the proposed subdivision clearly indicated. (b) Proposed lot boundaries, with numbers, areas, and dimensions. (c) Proposed block boundaries, with numbers. (d) Names and widths (paved and right-of-way) of streets and other rights -of - way. Public street names shall be consistent with existing street names in the city or proposed names shall be shown in alpha designation until approved by the community development department. (e) Location, dimension and purpose of any public easements, including all utility lanes. (f) Location and dimension of park dedications. (g) Minimum building setback lines on all lots with the width of the lot shown at the minimum front setback line. (h) Plat size data, including total number of lots, total plat area, public right-of-way area, ponding easement area and parkland area (in acres). (i) Lot sizes, including largest lot, smallest lot, average lot and median lot. 3. Existing conditions data for proposed subdivision and adjacent (within 100 feet) land. (a) Existing zoning. (b) Plat names, and lots, blocks and outlots for adjacent platted property. (c) Tax parcel numbers for adjacent unplatted property. (d) Property owners' names. (e) Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and also conditions of improvements. (f) Location, dimension and purpose of public easements of record. (g) Topographical data, including contours at vertical intervals of not more than two feet. Watercourses, marshes, wooded areas and rock outcrops, power transmission lines and poles, and other significant features shall also be shown. (h) Locations of existing structures with an indication of whether said structures will be demolished or relocated. CD13:21 § 13.30 EAGAN CODE (i) Location of existing tree masses including type, size and quantity. 4. Raffle data. Projected traffic information as may be required for internal and abutting streets related to average daily trips (ADT) and a.m. and p.m. peak hour for purposes of traffic analysis. Traffic data shall be completed by the city whenever the city determines the need to be appropriate. B. Site plans. A site plan shall contain the following: 1. General information. (a) Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plat. The use of the word "estate" shall only be permitted if the property is zoned "estate." (b) Names, addresses and telephone numbers of the owner, developer, surveyor and/or engineer, and contact person. (c) North arrow. (d) Graphic scale of 1" = 50' or 1" = 100'. (e) Sheet size of 22" x 34" or 24" x 36". (f) Date of preparation. 2. Site data for proposed subdivision. (a) Boundary line of the proposed subdivision clearly indicated. (b) Proposed lot boundaries, with numbers, areas, and dimensions. (c) Proposed block boundaries, with numbers. (d) Location, dimension and purpose of any easements. (e) Location and dimension of park dedications. (f) Minimum building setback lines on all lots with the width of the lot shown at the minimum front setback line. (g) Names and widths (paved and right-of-way) of streets and other rights -of - way. Public street names shall be consistent with existing street names in the city or proposed names shall be shown in alpha designation until approved by the community development department. (h) Proposed building footprints with dimensions, area and setbacks shown. This may be shown by building envelope for single-family residential development. (i) Proposed parking areas, with dimensions, setbacks and number of spaces indicated. C. General utility and street plan. A general utility and street plan shall contain the following: 1. General information. (a) Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plat. The use of the word "estate" shall only be permitted if the property is zoned "estate." CD13:22 • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 (b) Names, addresses and telephone numbers of the owner, developer, surveyor and/or engineer, and contact person. (c) North arrow. (d) Graphic scale of 1" = 200'. (e) Sheet size of 22" x 34" or 24" x 36". (f) Date of preparation. (g) Benchmark. 2. Site data for proposed subdivision and adjacent (within 100 feet) land. (a) Boundary line of the proposed subdivision clearly indicated. (b) Lot boundaries within the proposed subdivision. (c) Block boundaries within the proposed subdivision. (d) Plat names, and boundaries of lots, blocks and outlots for adjacent platted property. (e) Tax parcel numbers for adjacent unplatted property. (f) Location of existing utilities on the proposed subdivision and within 100 feet of the proposed subdivision. (g) Names and widths (paved and right-of-way) of streets and other rights -of - way. Public street names shall be consistent with existing street names in the city or proposed names shall be shown in alpha designation until approved by the community development department. D. General grading/drainage/erosion control plan. A general grading/drainage/erosion control plan shall contain the following: 1. General information. (a) Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plat. The use of the word "estate" shall only be permitted if the property is zoned "estate." (b) Names, addresses and telephone numbers of the owner, developer, surveyor and/or engineer, and contact person. (c) North arrow. (d) Graphic scale of 1" = 50' or 1" = 100'. (e) Sheet size of 22" x 34" or 24" x 36". (f) Date of preparation. (g) Benchmark. 2. Site data for proposed subdivision and adjacent (within 100 feet) land. (a) Boundary line of the proposed subdivision clearly indicated. (b) Lot boundaries within the proposed subdivision. (c) Block boundaries within the proposed subdivision. CD13:23 § 13.30 EAGAN CODE (d) Plat names, and boundaries of lots, blocks and outlots for adjacent platted property. (e) Tax parcel numbers of adjacent unplatted property. (f) Existing contours at two -foot intervals to mean sea level datum, indicated by dashed lines, extending 100 feet beyond the proposed subdivision bound- aries. (g) Proposed contours at two -foot intervals to mean sea level datum, indicated by solid lines, extending 100 feet beyond the proposed subdivision boundaries. (h) Building footprints of existing and proposed structures. (i) Location of existing ponds, wetlands, lakes, streams or marshes with proposed data for normal water elevation, ordinary high water elevation, storage volume and area of drainage boundaries. E. General landscape plan. A general landscape plan shall contain the following: 1. General information. (a) Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plat. The use of the word "estate" shall only be permitted if the property is zoned "estate." (b) Names, addresses and telephone numbers of the owner, developer, surveyor and/or engineer, and contact person. (c) North arrow. (d) Graphic scale of 1" = 50' or 1" = 100'. (e) Sheet size of 22" x 34" or 24" x 36". (f) Date of preparation. 2. Site data for proposed subdivision. (a) Location of existing utilities. (b) Location of existing tree masses including type, size and quantity. Pursuant to the City Code, the information noted in the following items (c), (d) and (e) shall be submitted as required for industrial/commercial and multiresidential subdivision. (c) Location, type and size of proposed plant material. (d) Location of areas to be seeded and/or sodded. (e) Plant list including proposed varieties, quantities, size and root type. F. Park dedication plan. The petitioner is responsible for providing a park dedication proposal at the time of application. The proposal shall meet all requirements as defined by the parks dedication policy, as adopted by the city. If the city requires a land contribution, a parkland dedication plan shall be provided with the preliminary plat -general submission. A parkland dedication plan shall contain the following: 1. General information. (a) Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plat. The use of the word "estate" shall only be permitted if the property is zoned "estate." CD13:24 • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 (b) Names, addresses and telephone numbers of the owner, developer, surveyor and/or engineer, and contact person. (c) North arrow. (d) Graphic scale of 1" = 50' or 1" = 100'. (e) Sheet size of 22" x 34" or 24" x 36". (f) Date of preparation. 2. Site data for park dedication parcel. (a) Proposed parkland dedication boundaries clearly indicated. (b) Existing topography within and 50 feet beyond the dedication parcel bound- (c) Location of existing wetlands, ponds, lakes, streams or marshes with data for normal water elevation, ordinary high water elevation and flowage. (d) Location of existing tree masses including type, size and quantity. (e) Location of existing utilities and public easements within and immediately adjacent to the dedication parcel. (f) Location of existing structures. (g) Areas of 12 percent slope or greater clearly indicated. (h) Location of existing trails and sidewalks within and adjacent (within 100 feet) to the dedication parcel. (i) Location of proposed trails and sidewalks within and adjacent (within 100 feet) to dedication parcel, with type and grade shown every 100 feet. Location of adjacent (within 100 feet) parkland and public -owned parcels. (]) 3. Park cash contribution. If the petitioner is providing a cash contribution in lieu of a parkland dedication, as determined by the city, a letter of proposal shall be provided with the preliminary plat -general design submission. This letter of proposal shall contain the following: (a) For residential development proposals, the cash dedication shall be based on the type of units. (b) For industrial, office and commercial development proposals, the cash dedication shall be based on the square footage of net developable land. (c) Credit to cash dedication proposal and substantiating information for park and recreation benefit. Subd. 2. Preliminary plat —Technical design submission. After the preliminary plat - general design has been conditionally approved by the council, the following technical information shall be submitted for approval by the community development department and engineering department. Said approval shall be required before the preliminary plat is deemed complete for purposes of accepting an application for a final plat by the city. The preliminary CD13:25 § 13.30 EAGAN CODE plat technical design submission shall contain two types of plans: a technical utility and street plan and a technical grading/drainage/erosion control plan. These plans shall be submitted in accordance with section 13.10, subdivision 4. A. Certificate of boundary survey by a registered land surveyor licensed to practice in the state. B. Technical utility and street plans. A technical utility and street plan shall contain the following: 1. General information. The information as required in subdivision 1, subparagraph C, item 1 above, shall be provided on the technical utility and street plan. However, the scale of the technical utility and street plan shall be 1" = 50'. 2. Site data for proposed subdivision and adjacent (within 100 feet) land. The information as required in subdivision 1, subparagraph C, item 2 of this section, shall be provided on the technical utility and street plan. In addition, section lines and corners shall be clearly indicated. 3. Technical utility and street data. (a) The location, line size, invert and top or casting elevations, direction of flow arrows, hydrants and gate valves and service location of all existing sanitary sewer, water or storm sewer, trunks, laterals or services on or adjacent to the property. (b) Proposed private water well and/or septic system locations with sufficient soil and general information. The information as required in subdivision 1, subparagraph D, item 1 of this section, data for analysis of suitability by the city engineer. (c) Public streets showing right-of-way widths, paved street widths and paved radii. (d) Public street grades with centerline elevations and percent of grade indicated every 100 feet. C. Technical grading/drainage/erosion control plan. A technical grading/drainage/ erosion control plan shall contain the following: 1. General information. The information as required in subdivision 1, subparagraph D, item 1 of this section, shall be provided on the technical grading/drainage/ erosion control plan. 2. Site data for proposed subdivision and adjacent (within 100 feet) land. The information as required in subdivision 1, subparagraph D, item 2 of this section, shall be provided on the technical grading/drainage/erosion control plan. In addition, section lines and corners shall be clearly indicated. 3. Technical grading/drainage/erosion control data. (a) Location and finish floor elevations of any existing structure, including on -site private wells and septic tanks (whether abandoned or to remain after property is platted). CD13:26 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 (b) Location of existing structures on adjacent (within 100 feet) property. (c) Location of proposed building, auxiliary structures, parking areas and roads. (d) Limits of clearing and grading. (e) Identification of any physical characteristics of the site constituting a susceptibility to erosion and siltation to any adjacent street right-of-way; identification of the special measures, if any, to be used to prevent any erosion to and siltation onto an adjacent street right-of-way; and identifica- tion of the location of erosion/sediment control structures and indication of type such as: hay bales, silt fence, sedimentation basin. (f) A signed letter shall accompany the submittal stating the person/company responsible for erosion and sediment control plan preparation, implementa- tion and maintenance. D. Technical landscape plan. A technical landscape plan shall contain the following: 1. General information. The information as required in subdivision 1, subparagraph E, item 1 of this section, shall be provided on the technical landscape plan. 2. Technical landscape data. The information as required in subdivision 1, subpara- graph E, item 2 of this section, shall be provided on a grading plan for the technical landscape plan submission. E. Technical park plan. A technical park plan shall contain the following: 1. General information. The information as required in subdivision 1, subparagraph F, item 1 of this section, shall be provided on the technical park plan. 2. Site data for proposed park dedication parcel. The information as required in subdivision 1, subparagraph F. item 2 of this section, shall be provided on the technical park plan. 3. Technical park dedication data Proposed improvements within the parkland dedication parcel resulting from the proposed development, including utilities. grading and restoration. Subd. 3. Final plat. A. The final plat plan shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals one inch or such other standard scale as approved by the city engineer and, in all other respects, shall comply with the Minnesota Statutes. Where necessary, the plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the council. The final plat plan shall contain all information required on a final plat by state law and the county. B. The following final development plans shall be supplied with the final plat: 1. Lot dimensions and area calculations, including square footages. Area calcula- tions of lots shall delineate the area of any dedicated ponding easements in addition to net area of lot exclusive of ponding easement or public rights -of -way. CD13:27 § 13.30 EAGAN CODE 2. All elevations, topography and vertical control data tied to sea level datum, 1929 general adjustments. 3. Letter from the county plat committee with recommendations, if any, on any preliminary plat which abuts a county road. 4. Protective covenants and association articles and bylaws where applicable, if any. 5. Certificates, affidavits, endorsements, photographs or data as may be required by the council and/or the planning commission pursuant to the subdivision regula- tions. 6. A topographical contour map including proposed contour grading at vertical intervals of not more than two feet shall be submitted with the final plat. Subd. 4. Street design standards. The following design standards are to be followed unless the council shall permit a variance because of unusual circumstances due to the topography, placement of buildings or other factors making it reasonable to vary the standards set forth without nullifying the intent and purpose of the comprehensive plan or this section. A. Public streets. 1. The arrangement, character, extent, width, grade and location of all streets shall be in conformity with the comprehensive plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 2. Where such is not shown in the comprehensive plan, the arrangement of streets in the subdivision shall either: (a) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or (b) Conform to a plan for the neighborhood approved or adopted by the council to meet a particular situation where topography or other conditions make continuance or conformance to existing streets impractical. 3. Local streets shall be so laid out that their use by through traffic will be discouraged and so that they will not tend to function as collector streets. 4. Where a subdivision abuts or contains an existing or proposed arterial street, the council may require marginal access streets, reverse frontage with screen planting contained in a nonaccess easement reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection for residential property and to afford separa- tion of through and local traffic. 5. Street jogs with centerline offsets of less than 125 feet shall not be permitted. 6. When connecting street lines of the same street deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 150 feet for minor or collector streets, and of such greater radii as the city engineer shall determine for special causes. CD13:28 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 7. Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 60 degrees. 8. Sight easements at street intersections may be required by the council to insure compliance with section 11.10, subdivision 7, Traffic Visibility, of the zoning chapter. Streets shall be designed in order to comply with zoning provisions. 9. Street surface widths and other design standards will be addressed in the city handbook. Street right-of-way widths shall be as shown in the comprehensive plan and where not shown therein, shall not be less than as follows: Width Percent Grade Number Number Street Raffle Park Road Type ADT R/W (2) Lanes Lanes Min. Max. Local Access 1. Cu1- 150 50' (la) 28' (lb) 2 2 0.5 8 de -sac 2. Low den- 300 50' 28' 2 2 0.5 10 sity 3. Medium 300-1,000 60' 32' 2 2 0.5 9 4. High 1,000 60' 36' 2 1 0.5 8 60' 32' 2 0 0.5 8 Collector 1. Low 1,500 80' 44' 2 2 0.5 8 70' 36' 2 1 0.5 8 2. Medium 1, 5 0 0— 80' 44' 2 2 0.5 7 5,000 3. High 5,000 86 4x' 4 - 0.5 6 Arterial 1. Low 10,000 ' 6 ,4 , 1 - 0.5 6 2. Medium 10-15,000 100 (4) 52' I 0.5 5 3. High (3) 15,000 110 (4) 2 (8 28 1 1 (la) Minimum right-of-way radius for "bubble" is 55 feet without ceitor and 65 feet with a center island. (lb) Minimum street radius for "bubble" is 45 feet without center island and 55 feet with a center island. (2) Face of curb to face of curb. (3) Parkway design (optional for medium arterial). (4) At major intersections increase to 120 feet. Note: The actual right-of-way width will be determined by the public works department (unless specifically set by the council) after considering all charac- teristics of the adjacent development. 10. Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformance with the other requirements of these regulations and where the council finds it will be practicable to require the CD 13:29 § 13.30 EAGAN CODE dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. 11. Cul-de-sac dead-end streets, designated to be so permanently with the number of dwelling units to be reviewed and approved by the council, shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having an outside street pavement diameter of at least 90 feet and street width diameter of at least 120 feet. For purposes of measuring culs-de-sac, the distance from the centerline of the intersected streets to the centerline of the cul-de-sac shall be used. 12. Approval of culs-de-sac in new subdivisions shall be determined by the city after review of topography, desirability for the whole subdivision, expected mainte- nance costs, emergency vehicle access and compliance with city planning objec- tives. 13. Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves: Street Type Grade Arterial 5 Collector 7 Local 8 14. No street grade shall be less than 0.5 percent. At intersections, the street grade shall not exceed 2.0 percent for the first 100 feet approaching said intersection. 15. All streets shall be constructed to the minimum loadbearing capacities dictated by existing soil conditions and the proposed designated use as follows: (a) Residential noncontinuous streets (culs-de-sac): five -ton -per -axle load bear- ing capacity. (b) Residential low volume continuous noncollector streets: seven -ton -per -axle loadbearing capacity. (c) Residential, medium -high volume collector streets: nine -ton -per -axle loadbear- ing capacity. (d) All commercial and industrial streets: nine -ton -per -axle loadbearing capac- ity. B. Private streets. 1. Where deemed appropriate by city staff, private streets shall have a street name designation as approved by the city planner. 2. Private drive intersections with public dedicated streets shall have a minimum 180-foot offset between centerlines intersecting onto a public street. 3. Private streets shall be laid out so as to intersect as nearly as possible at right angles (90 degrees), but no less than 60 degrees with public dedicated streets. CD13:30 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 4. Sight easements at intersections may be required by the council to assure compliance with section 11.10, subdivision 7, Traffic Visibility, of the zoning chapter. 5. Minimum width for private drives as defined from face of curb to face of curb shall be as follows: Number of Potential Minimum Width Units Served Type of Street (Face to Face) 4 or less No curb and gutter 12' 5-8 Concrete curb 20' 9-20 Concrete curb 24' More than 20 Concrete curb and gutter 28' Through streets Concrete curb and gutter 28' 6. Cul-de-sac dead-end streets with the number of dwelling units to be reviewed and approved by the council shall not be longer than 500 feet from the centerline intersection of a through street and shall have a turnaround at the extreme far end with an outside street pavement diameter of at least 90 feet. For purposes of measuring culs-de-sac, the distance from the centerline of the intersected street to the centerline of the cul-de-sac shall be used. 7. Street grade shall not exceed ten percent with due allowance for reasonable vertical curves. 8. Concrete valley gutters to cross all driveway openings where the street grade is less than 1.0 percent. No street grade shall be less than 0.5 percent. At intersections, the street grade shill not exceed 3.0 percent for the first 100 feet approaching said intersection. 9. All streets shall be constructed to minimum loadbearing capacities of :even tons per axle as dictated by existing soil conditions. 10. Concrete curbing and gutter shall be poured in place and installed prior to the installation of any bituminous surfacing to insure proper grade and alignment. 11. Minimum setback for any structure from the back of curb shall be 25 feet for any through private street. Setback for any structure shall be a minimum of 20 feet for any dead-end private street. 12. All private and public street intersections shall have a minimum 15-foot radius. 13. All private street construction shall have a crowned centerline providing for directional drainage into the gutter line and subsequently into an internal storm sewer system. Subd. 5. Sidewalks and trailways. Sidewalks and/or trailways shall be installed in accordance with City Code provisions and applicable policies. CD13:31 § 13.30 EAGAN CODE Subd. 6. Easements. A. Utility and drainage easements abutting public street rights -of -way and adjacent properties and centered on rear or side lot lines shall be at least ten feet wide or wider as may be required by the city. B. Where a subdivision is traversed by a ponding area, watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and incor- porating elevations as required by the city. C. Trails or pedestrian ways shall be shown as "trailways" on the final plat or as separate easements as the city may direct. D. All other easements of record and those required by the city as necessary to provide the required utilities to service the subdivision. Subd. 7. Blocks. A. The length, widths and shapes of blocks shall be determined with due regard to: 1. Provisions of adequate building sites suitable to the needs of the type of use contemplated. 2. Zoning requirements as to lot sizes and dimensions. 3. Needs for convenience access, circulation control and safety of street traffic. 4. Limitations and opportunities of topography. B. Block lengths shall not exceed 1,200 feet. Subd. 8. Lots. A. The lot size, width, depth, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated and in accordance with zoning regulations. B. Lot dimensions shall be as required by the zoning provisions except where variances are approved by the council or unless otherwise specifically approved as a part of the approval of a planned development. C. The subdividing of land shall provide each building lot with a minimum of 50 feet of frontage directly abutting on a publicly dedicated street, subject to the following conditions: 1. In no instance shall a private easement satisfy the above requirement. 2. In the instance of townhouses, apartment complexes or quadrominiums, the area to be owned in common shall be required to meet the above requirement. D. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of development from traffic arterials or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet in width may be required by the city, across which there shall be no right to CD13:32 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 vehicular access. Said screen shall only be required along the line of lots where said screen would be at an elevation as related to the traffic arterial so as to provide an effective screen. E. Side lot lines shall be substantially at right angles to the right-of-way line of the abutting street. Subd. 9. Building locations and elevations. (Refer to City Code chapter 11 and the state building code adopted by reference in chapter 4.) Subd. 10. Public and park spaces. Public park sites or public open spaces shall be shown as required under section 13.20, subdivision 8 of this chapter. Subd. 11. Vegetation including trees, shrubs, hedges, etc. Street trees, when planted, shall be placed inside the property line and not in the boulevard. Only those varieties approved by the city shall be used. Codifier's note —Also see City Code section 10.22 for additional regulations relating to planting and maintenance of trees. Subd. 12. Solar access. The city requests that the developer consider all potential solar energy conservation measures when planning a subdivision. A city handbook, outlining the design criteria for solar access, is available at city hall. Subd. 13. Environmental protection. The city will enforce environmental protection and erosion control in the development of subdivisions within the city. This includes off develop- ment sites as well as wetlands areas. Subd. 14. Underground utilities. A. All utilities, including transmission_ service lines, shall be required to be placed underground unless economic, technological or land characteristic factors make underground placement unfeasible as determined by the council. B. Routing of utilities shall avoid unstable soils, bluff line or high ridges, and the alteration of the natural environment for aboveground or underground utilities shall be minimized to the maximum extent possible. Subd. 15. Required improvements. The following required improvements shall be in- stalled in accordance with the engineering policy, standards and specifications adopted by the city: A. Monuments. Monuments shall be placed at all block and lot corners, angle points, points of curves in streets and at intermediate points as shall be required by the city. The monuments shall be of such material, size and length as may be approved by the city. It shall be the applicant's responsibility to see that the monuments are maintained in good order during construction and development. B. Utility improvements. 1. Sanitary sewer system. (a) Where available, municipal sewer facilities shall be provided in the develop- ment of the subdivision. CD13:33 § 13.30 EAGAN CODE (b) Where municipal sewer facilities are not available, individual sewage sys- tems shall be provided in accordance with the state pollution control agency standards and as approved by the city. 2. Water systems. (a) Where available, municipal water facilities shall be provided in the develop- ment of the subdivision. (b) When municipal water facilities are not available, individual water systems shall be provided in accordance with state department of health standards. (Contained in Water Well Construction Code, 7 MCAR 1.210-1.224.) 3. Streets. Streets shall be provided for as required in subdivision 4 of this section. 4. Sidewalks. Sidewalks and pathways shall be provided for as required in subdi- vision 5 of this section. 5. Drainage facilities. Storm sewer, open drainage or other facilities and easements shall be installed and provided, as will adequately provide for the drainage of surface waters. (a) Said drainage facilities shall be provided as approved by the city engineer. (b) Storm sewer and/or other drainage facilities shall be installed as determined to be necessary by the city engineer for the proper drainage of the surface waters. C. Construction of sanitary sewer systems, water systems, storm sewers, streets and sidewalks located on public rights -of -way or easements to be dedicated to the city within the subdivision shall be completed by either the city or, at its option, the applicant/developer. 1. City -installed improvements. The developer may request the city to install the improvements. The developer shall submit a petition in the form prescribed by the city to the city engineer requesting said installations. The council may accept the petition and install the improvements and assess the cost in accordance with city policy and Minn. Stat. ch. 429. This petition request shall include a requested method of assessment spreading (per lot, front footage, percentage ratios, etc.). The applicant shall waive its rights to any and all public hearings required and agree to the acceptance of all costs associated with city -installed improvements, provided that all benefited properties are assessed. The city installation of required improvements shall not provide for any overall site grading but, rather, shall be limited to required grading within dedicated easements and rights -of - way necessary to perform the installation of future public dedicated services as requested by the applicant. 2. Developer -installed improvements. If the developer/applicant elects to install future city services (streets, utilities, etc.) for future turnover to the city for future CD13:34 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.30 maintenance, the following items shall be adhered to prior to acceptance for perpetual maintenance by the city for occupancy of any structure within the proposed subdivision: (a) Detailed plans and specifications prepared by a registered engineer licensed in the state shall be prepared in accordance with present city standards, reviewed and approved by the city engineer. (b) Soil analysis. Prior to providing plans for utilities, analysis of the soil to the depth of the utility proposed should be made by a reputable firm and provided with the utility report when required by the city. (c) Detailed record plan "as -built" drawings must be provided in accordance with city standards no later than 90 days upon completion and acceptance of public streets and/or utilities by the city, unless otherwise approved in writing by the public works department. (d) The developer shall allow access by the city personnel to perform inspections during the construction of these streets and/or utilities. The developer shall notify the city in writing, coordinate and hold a preconstruction conference with all affected parties at least 72 hours prior to starting construction of any street, trail or utility improvements. The developer shall be financially responsible for all costs incurred by the city in performing inspections to insure compliance with the approved plans and specifications. (e) If the developer fails to give proper notification or does not allow the city to perform the inspection of the utilities and/or streets, the city reserves an option to require any concealed conditions to be exposed for proper inspec- tions, or the right to deny acceptance for perpetual maintenance by city forces. (fl Upon completion, inspection and final acceptance of the affected streets and/or utilities to be reverted to the city for future maintenance, the developer shall submit a one-year warranty maintenance bond to cover defects in materials and workmanship to be in effect one full year from the date of final written acceptance by the city. The developer shall also submit a hold harmless, lien waiver, or other agreement as required by the city. If the city was not properly noticed or given the opportunity to perform the proper inspections to insure compliance with the approved plans and specifications, the city, at its option, may elect to require the submission of up to a five-year warranty maintenance bond or cash escrow for any portion of the system where inspection was not able to be performed. Failure to comply with these requirements on behalf of the developer will allow the city the right to deny access or connection to these streets and/or utilities. (g) The developer/applicant shall provide the city with a financial guarantee in an acceptable form and an amount equal to 60 percent of the estimated cost of the improvements to be performed privately by the developer/applicant. C D 13:35 § 13.30 EAGAN CODE D. Street lighting. Street lights shall be installed as provided by the City Code. Codifier's note —The policy, standards and procedures for installing and billing street lighting are provided for in chapter 3 of the City Code.) E. Trees. "Street" trees shall be planted as provided in subdivision 11 of this section. F. Driveway approaches. Concrete or bituminous driveway surfaces over each boulevard on lots adjacent to streets improved to city standards shall be provided in accordance with the provisions of the issuance of building permits. G. Payment for public improvements. Before a final plat is approved by the council, the applicant shall submit an agreement and performance bond, irrevocable letter of credit or cash escrow agreement in such reasonable amount as determined by the council to assure the following: 1. Guaranteed completion of the required improvements undertaken by the appli- cant as approved by the city within a specified time after commencement of any construction in the subdivision, or such portion thereof less than the entire subdivision to be developed at any one time as approved by the council; provided, that the council, for good cause, may extend the period of time in which the improvements must be installed. 2. If the required improvements to be installed by the applicant are not completed and paid for within the specified period of time or such period approved by the council as hereinabove provided, all amounts held under the escrow agreement, performance bond or irrevocable letter of credit shall be turned over and delivered to the city and applied to the cost of the required improvements. Any balance after such improvements have been made and paid for shall be returned to the subdivider. 3. The performance bond, irrevocable letter of credit or cash escrow agreement herein required shall be equal to 60 percent of the estimated cost of the improvements to be installed either by the developer/applicant or by the city. Such bond shall be reduced periodically upon submission of proof of compliance by the developer. In no event shall the financial guarantee for the improvements to be performed privately by the developer/applicant be reduced to less than 20 percent of the original amount until total completion and acceptance by the city. At such time the bond can be released in its entirety. H. General grading. Before a final plat is approved by the council, the applicant shall execute a development agreement and submit the required financial guarantees in an amount as determined by the city engineer to guarantee the following: 1. Guaranteed completion of development site grading and drainage with the erosion control measures as required by the city erosion and sediment control manual. To provide overall developments, street and lot grades in accordance with the approved detailed grading, drainage, and erosion control plans submit- ted by the applicant. 2. The general development grading shall be completed within the terms of the development agreement and shall be completed subject to forfeiture of financial guarantees as submitted. CD13:36 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.40 3. All grading costs outside of public rights -of -way and/or easements shall be at the applicant's expense and will not be considered for city installation or financing and/or provisions of Minn. Stat. ch. 429. 4. Individual lot grading shall be in conformance with subdivision 8 of this section. I. Dedication of public rights -of -way. The council may extend the provisions of the performance bond or similar guarantee, to include a guarantee that the public rights -of -way shall be dedicated in accordance with the provisions under which a plat is approved. (Code 1983, § 13.30, eff. 1-1-83; Ord. No. 13, 2nd series, eff. 4-27-84; Ord. No. 27, 2nd series, eff. 2-7-86; Ord. No. 51, 2nd series, eff. 7-31-87; Ord. No. 77, 2nd series, eff. 3-3-89; Ord. No. 155, 2nd series, eff. 11-25-92) Secs. 13.31-13.39. Reserved. Sec. 13.40. Administration and enforcement. Subd. 1. Enforcing officer. A. The council shall designate a city employee who shall be primarily responsible for the enforcement of this chapter. B. The enforcing officer shall enforce this chapter and, in furtherance of said authority, may: 1. Enter upon the land or within a building during reasonable working hours as found necessary to fulfill his duties as administrator of this chapter. 2. Conduct inspections of huildin,T' ;n1.I use of land to determine compliance with the terms of this chapter. 3. Maintain permanent and current records of this chapter, including but not limited to maps, amendments, bonds, variances, waivers, plats, development agreements and applications thereto. 4. Institute in the name of the city appropriate actions or proceedings against, a violator as provided by law. 5. Establish and enforce with council approval necessary or desirable regulations in writing, clarifying or explaining any provision of this chapter. Subd. 2. Board of appeals and adjustments. A. Members. The board of appeals and adjustments shall consist of the individual members of the council as provided by City Code section 11.40, subdivision 2. B. Functions of the advisory planning commission and council. 1. The planning commission shall make recommendations to the council on vari- ances, waivers or appeal petitions received under this chapter within 60 days after having been filed with the city. CD13:37 § 13.40 EAGAN CODE 2. The council shall have the duty of hearing all appeals where it is alleged that there is an error in any order, requirement, decision or determination by the zoning administrator under this chapter. 3. The council shall have the duty of hearing requests for variances from the literal provisions of this chapter. 4. The council shall have the duty of hearing requests for a waiver of these platting regulations. C. Procedures and organization of the board of appeals and adjustments. 1. The council may establish its own rules of procedure which shall not be inconsistent with or contrary to the statutes of the state. 2. The council shall keep written records of its minutes and the findings and determinations made by it on all matters. 3. Petitions or appeals shall be made on forms pertaining thereto provided by the city. 4. All findings and determinations of the council shall be the final authority. Subd. 3. Variances and waivers. A. Purpose. The council may, after review and recommendation by the planning commission, grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of this chapter. B. Petition. A petition for a variance or waiver of platting shall be filed with the city and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance or waiver. The petition shall also include the name and address of each affected property owner of directly abutting property along the side of the property under consideration. C. Referral to the advisory planning commission. Before authorization of any variance or waiver of platting, the request shall be referred to the planning commission for study concerning the effect of the proposed variance or waiver of platting upon the comprehensive plan and on the character and development of the neighborhood and for its recommendation to the council in connection with such requests. The planning commission shall make its recommendation within 60 days after the request is referred to it and, after that time, the council may act without the recommendation from the planning commission. The planning commission may recommend such conditions related to the variance or waiver request regarding the location, character or other features of the proposed plat as it may deem advisable. D. Issuance. The council may hold a public hearing on the variance or waiver request if it deems it necessary or advisable. The procedures for the notice and public hearing shall be the same as those described in the zoning chapter, except that the public CD13:38 • • • • • • SUBDIVISION REGULATIONS (PLATTING) § 13.40 hearing shall be held by the council. If the council shall determine that the special conditions applying to the structures or land in question are particular to such property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the proposed variance or waiver will not be contrary to the intent of this chapter and the comprehensive guide plan and that the granting of such variance or waiver will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardships or difficulties, the council may grant such variance or waiver and impose certain conditions and safeguards therein. E. Referral to the planning commission. The council may refer any variance or waiver petition back to the planning commission for further review and recommendation. F. Denial. Variances or waivers may be denied by the council, and such denial shall constitute a finding and determination that the conditions required for approval did not exist. The city shall not accept a petition for a variance or waiver that has been previously denied for a period of one year after denial by the council. G. Lapse of variance. A variance or waiver becomes void two years after it was granted unless made use of within the two-year period or such longer time period as the council may provide. Subd. 4. Preliminary plat and final plat. The procedures for filing petitions and holding hearings required for preliminary plats and final plats shall be as described in this section and section 13.10 of this chapter. A. Initiation. Proceedings for a petition under this chapter shall be initiated by: (1) a petition of all persons deemed owners under section 13.04 for a preliminary plat, final plat, waiver or variance; (2) by action of the planning commission; or (3) by action of the council. B. Petitions. All petitions for preliminary plat approval which are initiated by the owner or owners of the property shall be filed with the city clerk, and the application shall be accompanied by an abstractor's certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. The petition shall be forwarded to the planning commission by the city administrator. C. Public hearing —Notice and procedure. The planning commission shall hold at least one public hearing on a preliminary plat affording the parties interested the opportunity to be heard and shall give not less than ten days' nor more than 30 days' notice of time and place of such hearing, published in the designated legal newspaper of the city. Such notice shall also include the legal description of the land and the proposed changes in zoning. At least ten days before the hearing, the city clerk shall mail an identical notice to the owners of the property and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceeding, provided a bona fide attempt to comply with this subdivision has been made. CD13:39 § 13.40 EAGAN CODE Subd. 5. Fees. The required fees to be paid for each petition required under this chapter shall be established by separate resolution of the council, and the fee schedule may be revised from time to time. Where said fees do not cover costs incurred by the city in the processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an itemized invoice from the city. Subd. 6. Amendments. This chapter may only be amended by the council after a public hearing has been held by the planning commission to consider the amendment and a recommendation has been made related thereto, unless 60 days shall have passed since the hearing wherein the council can act without a planning commission recommendation. (Code 1983, § 13.40, eff. 1-1-83; Ord. No. 34, 2nd series, eff. 6-6-86; Ord. No. 148, 2nd series, eff. 7-29-92) Cross reference —Administration and general government, ch. 2. Secs. 13.41-13.98. Reserved. Sec. 13.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions. (Code 1983, § 13.99, eff. 1-1-83) CD13:40 • • MIIIN 14 Special Service District No. 1 • • • • • Chapter 14 SPECIAL SERVICE DISTRICT NO. 1 Sec. 14.01. Special service district no. 1. Secs. 14.02-14.99. Reserved. CD14:1 • • • SPECIAL SERVICE DISTRICT NO. 1 § 14.01 Sec. 14.01. Special service district no. 1. Subd. 1. Purpose. The purpose of this section is to establish special service district no. 1 capable of providing city services not ordinarily provided throughout the city from general fund revenues. The purpose of special service district no. 1 is to promote employment and enhance the tax base within the city and to assist motorists seeking to locate the area. Subd. 2. Services the district may provide. A. The special service district no. 1 may render or contract for such special services as: 1. Promotion and management of the Cedarvale retail area as a trade or shopping area; 2. Signage identifying the overall retail area; 3. Preparation, mowing, maintenance and repair of landscaping on public right-of- way; 4. Installation, maintenance and repair of street and pedestrian lighting in excess of city standard; 5. Installation, maintenance and repair of public parking facilities; 6. Provision and coordination of public safety services in excess of city standards; 7. The repair, maintenance, operation, rerouting and replacement of existing public improvements, and those authorized by Minn. Stat. § 429.021, within the boundaries of the special service district established under this section; and 8. Administration, coordination and preparation of studies and designs for the special services defined. B. Special services do not include set vices that are ordinarily provided throughout the city from ordinary revenues of the city unless an increased level of service is provided in the special district. Subd. 3. Payment for services. The costs of special service district no. 1 services shall he paid from revenues collected from service charges imposed within the district. Subd. 4. Area included within special service district no. 1. The special service district no. 1 shall include the land, identified as Cedarvale retail area, as follows: Beginning at the centerline intersection point of Silver Bell Road and Beau -De -Rue Drive, then south along the centerline of Beau -De -Rue Drive approximately 660 feet to the south right-of-way line of Gold Trail, then southeasterly along said right-of-way approximately 100 feet to the east line of Leibel Addition, then south along said east line approximately 190 feet, then westerly along the south line of Leibel Addition approximately 290 feet to the centerline of Beau -De -Rue Drive, then southwesterly along said centerline approxi- mately 430 feet to the centerline point of Beau -De -Rue Drive and Rahn Road, then southeasterly along centerline of Rahn Road 410 feet to the extended south line of parcel 010-10, then southwesterly along said south line approximately 770 feet to its intersection with the west line of parcel 031-10, then south along said west line approximately 780 feet CD14:3 § 14.01 EAGAN CODE to the north line of outlot A of Cedar Grove no. 3, then west along said north line approximately 1,595 feet to the west line of the NE '/a of section 19, then north along said west line approximately 1,150 feet to the extended south line of MNDOT right-of-way plat no. 19-6, then northeasterly along said south line approximately 2,795 feet to its intersection with the southwest line of MNDOT right-of-way plat no. 19-8, then easterly along said southwest line approximately 330 feet to the NE corner of the NE '/a of section 19, then north along the east line of said right-of-way plat no. 19-8 approximately 190 feet to the northwest corner of parcel 120-54, then northeast approximately 185 feet to the north corner of said parcel, then southeast approximately 176 feet to the northeast corner of said parcel, then south approximately 192 feet to the centerline of Silver Bell Road, then west approximately 260 feet to the point of beginning at the centerline intersection of Silver Bell Road and Beau -De -Rue Drive, also including lot 1, block 1, Silver Bell Center Addition. (Ord. No. 179, 2nd series, eff. 6-24-94) Secs. 14.02-14.99. Reserved. CD14:4 • • • • • Chapters 15-24 RESERVED CD15:1 25 Listing of Uncoded Ordinances in Effect • • • • • • Chapter 25 LISTING OF UNCODED ORDINANCES IN EFFECT CD25:1 • • • LISTING OF UNCODED ORDINANCES IN EFFECT All ordinances described in this chapter remain in effect after adoption of the City Code. They are of a permanent and continuing nature as authority for a specific act which has been performed. These ordinances are of two types, that generally distinguish them from other provisions of the City Code, either (1) their texts have no continuing reference value, or (2) they are in the nature of a contract and of only occasional reference value. For these reasons it appears justified to list and describe them here only to facilitate finding them in the event this becomes necessary. REGULATING ELECTIONS Ordinance No. 51, adopted July 16, 1974, regulates elections and provides for biennial elections. CONSOLIDATED IMPROVEMENT BOND DEBT SERVICE FUND Ordinance No. 59, adopted December 10, 1974, established the consolidated improvement bond debt service fund and provides security for the bonds payable therefrom. INDUSTRIAL STRENGTH CHARGE Ordinance No. 67, adopted December 21, 1976, establishes an industrial user strength charge and an industrial user strength charge formula. GRANT OF GAS FRANCHISE Ordinance No. 7, adopted January 7, 1969, grants franchise to Northern Natural Gas Company for a period of 25 years. Ordinance No. 28, adopted Novem hr; 1 ti 1969. grants franchise to Northern States Power Company for a period of 25 years. Ordinance No. 54, adopted September 3, 1974. grants franchise to Minnesota Gas Company in River Hills 9th Addition for a period of 25 years. Ordinance No. 102, adopted September 20, 1983, grants franchise to Northern Natural Gas Company for a period of 25 years, and repeals Ordinance No. 7. GRANT OF ELECTRIC FRANCHISE Ordinance No. 26, adopted September 16, 1969, grants franchise to Northern States Power Company for a period of 25 years in the area delineated therein. Ordinance No. 27, adopted November 18, 1969, grants franchise to Dakota County Electric Cooperative for a period of 25 years in the area delineated therein. GRANT OF CABLE TV FRANCHISE Ordinance No. 101, adopted June 7, 1983, grants franchise to Group W Cable for a period of 15 years. CD25:3 EAGAN CODE PIPELINE ORDINANCE Ordinance No. 23, adopted August 20, 1968, grants permission to Williams Brothers Pipe Line Company to use certain roads for construction, maintenance and operation of a pipeline for the transportation of petroleum products for a period of 25 years. ORDINANCE CODIFICATION Ordinance No. 1, 2nd series, adopted December 7, 1982, adopted a codification of the ordinances of the city. SINGLE-FAMILY HOUSING AND MULTIFAMILY HOUSING DEVELOPMENTS — HOUSING PROGRAMS Ordinance No. 103, adopted November 1, 1983, grants the Dakota County Housing and Redevelopment Authority the authority to exercise on behalf of the City of Eagan the powers conferred by Minn. Stat. §§ 462C.012, 462C.08 relating to planning and implementation of a single-family mortgage revenue bond housing program. Ordinance No. 25, 2nd series, adopted June 7, 1985, amends Ordinance No. 103 in its entirety to add provisions relating to the issuance of revenue bonds for multifamily housing developments. CD25:4 • • • CODE COMPARATIVE TABLES • • • • • • CODE COMPARATIVE TABLE 1983 CODE This table gives the location within this Code of those sections of the 1983 Code, as updated, which are included herein. Sections of the 1983 Code, as supplemented, not listed herein have been omitted as repealed, superseded, obsolete or not of a general and permanent nature. For the location of ordinances adopted subsequent thereto, see the table immediately following this table. 1983 Code Section 1983 Code Section Section this Code Section this Code 1.01-1.11 1.01-1.11 9.99 9.99 2.01-2.13 2.01-2.13 10.01-10.03 10.01-10.03 2.30-2.37 2.30-2.37 10.10-10.13 10.10-10.13 2.50-2.53 2.50-2.53 10.20-10.24 10.20-10.24 2.70-2.80 2.70-2.80 10.30-10.34 10.30-10.34 2.99 2.99 10.40-10.43 10.40-10.43 3.01-3.06 3.01-3.06 10.50-10.52 10.50-10.52 3.20 3.20 10.99 10.99 3.40 3.40 11.01-11.03 11.01-11.03 3.60 3.60 11.10 11.10 3.99 3.99 11.20-11.22 11.20-11.22 4.01-4.03 4.01-4.03 11.30 11.30 4.10 4.10 11.40 11.40 4.20 4.20 11.80 11.80 4.30 4.30 11.99 11.99 4.40 4.40 13.01-13.04 13.01-13.04 4.50 1:i+� i3.10 13.10 4.99 4.99 13.20 13.20 5.01-5.04 5.01-5.04 13.30 13.30 5.06-5.09 5.06-5.09 13.40 13.40 5.11-5.16 5.11-5.16 13.99 12.99 5.30-5.35 5.30-5.35 5.50-5.56 5.50-5.56 5.70-5.72 5.70-5.72 5.80 5.80 5.90 5.90 5.99 5.99 6.01-6.11 6.01-6.11 6.30-6.32 6.30-6.32 6.34-6.45 6.34-6.45 6.99 6.99 7.01-7.10 7.01-7.10 7.99 7.99 8.01-8.07 8.01-8.07 8.99 8.99 9.01-9.16 9.01-9.16 CCT:1 • • • CODE COMPARATIVE TABLE ORDINANCES This table gives the location within this Code of those ordinances adopted since the 1983 Code, as updated, which are included herein. Ordinances adopted prior to such date were incorporated into the 1983 Code, as supple- mented. Ordinances adopted since the 1983 Code and not listed herein, have been omitted as repealed, superseded or not of a general and permanent nature. Ordinance Number, Effective Section Series Date this Code 2 1-30-69 4.40 52 4-25-75 11.01-11.03 11.10 11.20 11.22 11.30 11.40 11.80 11.99 5-25-75(Ord.) 11.10 11.20 11.40 5-28-76(Ord.) 11.10 11.20 11.40 .- ) 11.10 11.20 8-12-77i Ord.) 11.40 7-21-78(Ord.) 11.20 3-23-79(Ord.) 11.20 4-23-79(Ord.) 11.20 8- 8-80(Ord.) 11.03 11.20 74 11-06-80 10.34 10- 2-81(Ord.) 11.20 4-27-82(Ord.) 11.20 11.40 8-10-82(Ord.) 11.20 2, 2nd 4-26-83 10.13 5, 2nd 11- 8-83 5.02 11, 2nd 2-21-84 5.80 6, 2nd 4-27-84 1.02 7, 2nd 4-27-84 11.03 11.10 11.20 8, 2nd 4-27-84 3.05 CCT:3 EAGAN CODE Ordinance Number, Effective Section Series Date this Code 3.20 9, 2nd 4-27-84 4.10 4.60 11, 2nd 4-27-84 5.14 5.52 12, 2nd 4-27-84 6.38 13, 2nd 4-27-84 13.02 13.10 13.30 15, 2nd 4-27-84 9.16 16, 2nd 4-27-84 10.30 18, 2nd 11-30-84 10.24 23, 2nd 8-23-85 6.36 27, 2nd 2- 7-86 4.30 13.30 28, 2nd 2- 7-86 5.31 36, 2nd 4-11-86 11.20 31, 2nd 5- 6-86 5.33 5.52 5.70 32, 2nd 5- 6-86 6.33 33, 2nd 5- 6-86 10.33 29, 2nd 6- 6-86 1.10 30, 2nd 6- 6-86 3.05 31, 2nd 6- 6-86 5.01-5.03 5.12, 5.13 5.30 5.35 5.50 5.55 5.72 34, 2nd K- r -86 13.40 37, 2nd 6-2u-86 13.10 40, 2nd 11- 7-86 5.15 39, 2nd 4-17-87 5.02 46, 2nd 6-12-87 1.11 48, 2nd 6-12-87 5.12 5.33 5.70 50, 2nd 6-26-87 6.35 51, 2nd 7-31-87 13.30 53, 2nd 4- 8-88 2.50, 2.51 54, 2nd 6-10-88 13.20 55, 2nd 6-10-88 11.20 58, 2nd 6-24-88 5.02 59, 2nd 6-24-88 5.16 61, 2nd 6-24-88 9.15 62, 2nd 6-24-88 2.38 CCT:4 • • • • • CODE COMPARATIVE TABLE Ordinance Number, Effective Section Series Date this Code 63, 2nd 6-24-88 5.02 66, 2nd 7-15-88 11.03 11.10 11.20 64, 2nd 8-26-88 1.02 65, 2nd 8-26-88 5.02 5.10 5.34 5.52 67, 2nd 9-30-88 4.03 70, 2nd 11-25-88 4.70 74, 2nd 1- 6-89 13.20 75, 2nd 1-20-89 4.03 76, 2nd 2- 7-89 11.20 77, 2nd 3- 3-89 13.10 13.30 78, 2nd 3-31-89 9.09 79, 2nd 4-14-89 6.39, 6.40 83, 2nd 6-16-89 6.42 84, 2nd 6-16-89 7.01 85, 2nd 6-16-89 9.10 80, 2nd 6-30-89 5.01, 5.02 5.57 88, 2nd 9-15-89 11.22 89, 2nd 10-13-89 5.53, 5.54 5.71 90, 2nd 10-27 89 3.06 92, 2nd i0-27-r�) 3.08 94, 2nd 12-15-89 10.01 95, 2nd 2 16 90 11.40 96, 2nd 2-16-90 13.20 97, 2nd 3- 2-90 6.43 101, 2nd 5-25-90 3.07 102, 2nd 5-25-90 13.20 99, 2nd 6-15-90 5.51 103, 2nd 7-27-90 5.01 5.05 5.33 5.51, 5.52 5.70 106, 2nd 7-27-90 6.44 7.08 107, 2nd 7-27-90 10.20, 10.21 93, 2nd 12-15-90 6.37 109, 2nd 12-28-90 5.31 5.51 5.70 110, 2nd 1-25-91 6.03 CCT:5 EAGAN CODE Ordinance Number, Effective Section Series Date this Code 111, 2nd 2-15-91 4.01 112, 2nd 3-15-91 6.01 6.45 113, 2nd 4-12-91 2.52 120, 2nd 5-17-91 11.20 117, 2nd 6- 4-91 6.02 119, 2nd 6- 4-91 10.22 115, 2nd 6-14-91 2.03 2.12 116, 2nd 6-14-91 5.18 117, 2nd 6-14-91 6.03 6.12 119, 2nd 6-14-91 10.24 121, 2nd 7-26-91 2.38 122, 2nd 7-26-91 6.31 123, 2nd 8-16-91 2.14 124, 2nd 8-30-91 2.15 131, 2nd 11-19-91 11.20 130, 2nd 11-29-91 6.37 133, 2nd 2-14-92 11.03 11.10 11.40 11.80 134, 2nd 2-28-92 6.34 135, 2nd 4-17-92 10.11 138, 2nd 4-29-92 13.20 139, 2nd 5- 5-92 5.52 5.70 136, 2nd 5-15-92 6.37 137, 2nd 5-15-92 10.01 139, 2nd 5-15-112 5.02 5.17 144, 2nd .i 7 -92 10.25 143, 2nd 6-12-92 4.30 147, 2nd 7-29-92 11.80 148, 2nd 7-29-92 13.40 146, 2nd 8-28-92 2.38 149, 2nd 10-30-92 10.12 155, 2nd 11 25 92 13.30 150, 2nd 12-11-92 10.43 151, 2nd 12-11-92 1.02 152, 2nd 12-11-92 7.05 7.11, 7.12 153, 2nd 12-11-92 9.02 154, 2nd 12-11-92 11.10 158, 2nd 1-27-93 11.10 157, 2nd 1-29-93 10.35 159, 2nd 3-26-93 8.08 CCT:6 • • • • • • CODE COMPARATIVE TABLE Ordinance Number, Effective Section Series Date this Code 160, 2nd 3-26-93 9.12 164, 2nd 4- 9-93 11.21 162, 2nd 4-20-93 5.52 5.70 161, 2nd 4-30-93 5.81 162, 2nd 4-30-93 5.01 5.19 165, 2nd 5-14-93 10.11 166, 2nd 5-14-93 10.40 167, 2nd 6-18-93 4.20 168, 2nd 7-15-93 2.80 170, 2nd 10-29-93 6.46 171, 2nd 10-29-93 10.10 172, 2nd 11-12-93 11.03 11.10 11.20 173, 2nd 1-14-94 5.52 174, 2nd 1-14-94 5.52 176, 2nd 1-26-94 11.03 177, 2nd 1-26-94 11.20 175, 2nd 2- 4-94 10.40 178, 2nd 3-18-94 2.11 179, 2nd 6-24-94 14.01 180, 2nd 6-24-94 2.79 181, 2nd 6-24-94 5.12 182, 2nd 6-24-94 8.01 183, 2nd 6-24-94 10.40 185, 2nd 9- 1 91 10.21 186, 2nd 10-13-9-4 6.39, 6.40 188, 2nd 11-17-94 11.03 11.10 11.40 189, 2nd 11-17-94 11.10 190, 2nd 11-17-94 11.22 191, 2nd 1- 5-95 11.03 11.20 192, 2nd 1-12-95 6.37 193, 2nd 1-12-95 3.05 194, 2nd 1-12-95 3.06 195, 2nd 1-12-95 3.07 196, 2nd 1-12-95 3.08 199, 2nd 2-23-95 13.10 198, 2nd 3-16-95 11.10 201, 2nd 4-27-95 4.01 202, 2nd 5-11-95 11.03 203, 2nd 7-13-95 10.11 204, 2nd 10- 5-95 11.10 205, 2nd 10-12-95 11.10 CCT:7 EAGAN CODE Ordinance Number, Effective Section Series Date this Code 206, 2nd 10-12-95 11.20 207, 2nd 10-26-95 6.36 208, 2nd 12- 7-95 11.20 209, 2nd 12-14-95 13.10 210, 2nd 2- 8-96 6.37 211, 2nd 2-15-96 6.47 212, 2nd 2-15-96 10.10 213, 2nd 3-14-96 6.37 214, 2nd 3-28-96 11.03 215, 2nd 3-28-96 11.20 217, 2nd 3-28-96 11.10 218, 2nd 5- 2-96 6.37 219, 2nd 5- 2-96 3.20 220, 2nd 5-16-96 11.20 222, 2nd 9-12-96 6.37 223, 2nd 9-12-96 10.01 224, 2nd 9-26-96 2.11 CCT:8 • • • STATE LAW REFERENCE TABLE • • • • • • STATE LAW REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text, of references to the Minnesota Statutes. Minn. Minn. Stat. Section Stat. Section Section this Code Section this Code 14.57-14.69 6.45 169.345 et seq. 9.16 18.77, subd. 8 10.21 ch. 171 8.07 18.023 10.20 171.03 8.06 35.71 10.11 ch. 173 4.20 65B.41-65B.71 8.08 ch. 176 2.12 84.81-84.89 8.06 221.81 4.10 84.90 8.07 ch. 278 6.45 ch. 86B 10.24 300.03, 300.04 2.72 86B.005, subd. 307.08 11.21 18 10.24 327.14 et seq. 4.40 93.44-93.51 11.21 327.31-327.35 11.20 chs. 103A-103G 11.21 ch. 340A Ch. 5 ch. 103F 11.80 5.81 chs. 103F, 394 11.80 340A.101, subd. 103F.201 11.21 9 5.01 103F.205 11.21 340A.408 5.31 103F.211 11.21 5.51 103F.215 11.21 5.70 103F.221 11.21 346.01 et seq. 10.11 ch. 103G 11.21 347.01 et seq. 10.11 103G.005, subd. 364.03, subd. 2, 15 11 2; :164.0:3, subd. 3 6.45 ch. 115A 10.01 412.013 et seq. Ch. 2 144.411 et seq. 5.54 412.221 4.40 5.71 412.221, subd. ch. 152 10.34 17 2.32 152.01 10.34 412.231 1.03 152.092 et seq. Ch. 10, Pt. XXI 412.321 et seq. Ch. 3 161.242 2.70 415.021 Ch. 1 ch. 168, ch. 169 8.01 ch. 429 3.60 chs. 168, 169 8.07 10.20 168.10 2.70 13.30 ch. 168B 2.70 429.011 et seq. Ch. 3 168B.04, subd. 2 2.70 429.021 14.01 ch. 169 7.01 429.101 10.20 10.50 435.193 2.75 169.01 2.70 444.075 3.07 169.01 et seq. Ch. 8 461.12 et seq. 6.34 169.045 8.08 ch. 462 11.21 169.121 9.12 462.357 Ch. 11 169.129 9.12 462.357, subd. 3 11.22 SLT:1. Minn. Stat. Section 462.358 462.358, subd. 3c 462C.08 462C.012 469.190 471.15 471.62 604A.22 604A.25 ch. 609 609.034 609.5311 et seq. 617.23 et seq. 624.22 629.34 EAGAN CODE Section this Code Ch. 13 13.10 13.20 2.80 10.23 8.06, 8.07 8.06 8.06 Ch. 10 10.34 1.03 10.34 5.90 10.10 2.38 SLT:2 • • • CODE INDEX e e • CODE INDEX • • • • • • CODE INDEX Section A ABANDONMENT Abandoned property Abandoned vehicles, disposal of 2.70 Subd. 1 Disposal of unclaimed property 2.70 Subd. 2 Excess property, disposal of 2.70 Subd. 3 Unclaimed property, disposal of 2.70 Subd. 2 Abandoned water services penalty 3.20 Subd. 3 Motor vehicles 10.50 Radio or TV towers; removal 4.50 Subd. 6 Water services 3.20 Subd. 3 ABSENTEE BALLOT COUNTY BOARD Designated 2.73 ACQUISITIONS Advisory parks, recreation and natural resources commission's duties 2.52 Subd. 2 ADDRESSES Building numbers 2.78 ADMINISTRATION Administrative appeal, right to 2.06 Authority and purpose of provisions 2.01 City administrator Agreement 2.09 Subd. 6 Appointment and removal 2.09 Subd. 2 Compensation 2.09 Subd. 5 Duties 2.09 Subd. 4 Position established .... 2.09 Subd. 1 Qualifications 2.09 Subd. 3 City seal 2.05 Council Generally 2.202 ot See: CITY COUNCIL Even -year election 2.15 Facsimile signatures 2.08 Interim emergency succession Duties of interim emergency council 2.10 Subd. 3 Local offices, succession to 2.10 Subd. 2 Purpose of provisions 2.10 Subd. 1 Rules of procedure for appeals and other hearings 2.07 Workers' compensation City officers 2.12 Subd. 2 Contractors 2.12 Subd. 1 ADVERTISING Drug paraphernalia Parking for purpose of advertising CDi:1 10.34 9.15 EAGAN CODE ADVISORY COMMISSIONS AND COMMITTEES. See: BOARDS, COMMITTEES AND COMMISSIONS AGE Beer, wine and liquor licensing Minor age regulations AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGENCIES OF CITY AGREEMENTS. See: CONTRACTS AND AGREEMENTS Section 5.12 AGRICULTURE Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) AIR POLLUTION Control 10.41 ALARMS Fire, burglar and safety alarm regulations and require- ments 10.43 ALCOHOLIC BEVERAGES Beer, wine and liquor licensing and regulation Applications and licenses under provisions Action 5.02 Subd. 4 Application 5.02 Subd. 1 Application and investigation fees 5.02 Subd. 3 Duplicate licenses 5.02 Subd. 5 False statements 5.02 Subd. 2 Persons disqualified 5.02 Subd. 8 Posting 5.02 Subd. 6 Procedure and administration 5.02 Resident manager or agent 5.02 Subd. 7 Beer license Fees 5.31 Required 5.30 Restrictions and regulations 5.33 Certain buildings and grounds, alcoholic beverages in 5.17 Conditional licenses 5.06 Conduct on licensed premises 5.09 Confections containing alcohol 5.19 Consumption and display Approval 5.80 Subd. 6 License fee 5.80 Subd. 5, 5.81 Subd. 2 License required 5.80 Subd. 2, 5.81 Subd. 1 Limitation on number 5.80 Subd. 4 One -day license 5.80 Prohibition 5.80 Subd. 1 CDi:2 • • • • • CODE INDEX Section ALCOHOLIC BEVERAGES-Cont'd. Restrictions and regulations 5.81 Subd. 3 Term 5.80 Subd. 3 Definitions 5.01 Delinquent taxes and charges 5.04 Financial responsibility of licensees Documents submitted to commissioner 5.13 Subd. 3 Exception 5.13 Subd. 2 Proof 5.13 Subd. 1 Gambling prohibited 5.15 Hours and days of beer sales 5.34 Hours and days of liquor sales 5.53 Insurance certificate requirements 5.14 License condition and unlawful act 5.11 Limitation on ownership 5.05 Liquor license Fees 5.51 Required 5.50 Restrictions and regulations 5.52 Minors defined 5.01 Consumption 5.12 Subd. 1 Entering licensed premises 5.12 Subd. 4 Misrepresentation of age 5.12 Subd. 5 Possession 5.12 Subd. 3 Proof of age 5.12 Subd. 6 Purchasing 5.12 Subd. 2 Unlawful acts 5.12 Nudity or obscenity prohibited - Definitions 5.90 Subd. 1 Unlawful act 5.90 Subd. 2 On -sale wine Hours and days of sales by on -sale wine licensee . 5.71 On -sale license required 5.70 Subd. 1 On -sale wine license fee 5.70 Subd. 2 On -sale wine license restrictions and regulations 5.70 Subd. 3 Premises licensed 5.07 Renewal of licenses 5.03 Sale by employee 5.10 Sports or convention facility license 5.56 Streets, public property, and private parking lots to which public has access, consumption and pos- session of alcoholic beverages on 5.16 Sunday sales of liquor 5.54 Temporary beer license Applicant 5.32 Subd. 1 Conditions 5.32 Subd. 2 Temporary liquor license Applicant 5.57 Subd. 2 Insurance required 5.57 Subd. 4 License authorized 5.57 Subd. 1 CDi:3 EAGAN CODE Section ALCOHOLIC BEVERAGES-Cont'd. Terms and conditions of license 5.57 Subd. 3 Unlawful acts Closing 5.08 Subd. 3 Consumption 5.08 Subd. 1 Removal of containers 5.08 Subd. 2 Unlawful acts (beer) 5.35 Unlawful acts (liquor) 5.55 Unlawful acts (wine) 5.72 Violation a misdemeanor 5.99 Workers' compensation 5.18 Consumption and display Generally 5.81 One -day license 5.80 Dancehalls Consumption of alcoholic beverages 6.31 Subd. 11 Hours and days of sales by on -sale wine licensees 5.71 Nudity or obscenity prohibited 5.90 Unlawful acts (wine) 5.72 Violation a misdemeanor 5.99 ALLEYS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS AMENDMENTS Code amendments 1.15 AMUSEMENTS AND AMUSEMENT PLACES Curfew regulations re minors 10.30 Subd. 4 Dancehalls 6.31 Mechanical amusement devices 6.30 ANIMALS AND FOWL Carrier pigeons Harboring 10.12 Subd. 7 Dog and cat regulation and dog licensing Animal pound records 10.11 Subd. 5 Dangerous dogs 10.11 Subd. 7 Definitions 10.11 Subd. 1 Disposition of certain animals 10.11 Subd. 8 Disposition of impounded dogs and cats 10.11 Subd. 4 Dog license required 10.11 Subd. 3 Immobilization of dogs or cats 10.11 Subd. 9 Public nuisance 10.11 Subd. 6 Rabies control 10.11 Subd. 10 Running at large prohibited 10.11 Subd. 2 Keeping, transporting, treatment, housing animals and fowl Animals in transit 10.12 Subd. 3 Definitions 10.12 Subd. 1 Harboring carrier pigeons 10.12 Subd. 7 Housing 10.12 Subd. 5 CDi:4 • • • • • CODE INDEX Section ANIMALS AND FOWL—Cont'd. Keeping 10.12 Subd. 2 Treatment 10.12 Subd. 4 Trespasses 10.12 Subd. 6 Kennels 6.38 Parks and recreation areas Unlawful acts by animals in parks 10.23 Subd. 3 Pet shops Diseased animals 6.43 Subd. 3 Generally 6.43 Rabies control Dogs and cats 10.11 Subd. 10 Special hunting permit 6.47 Stables 6.41 Trapping prohibited; exceptions 10.13 ANNEXATIONS Certain ordinances not affected by Code 1.14 Subd. 1.I ANNUAL BUDGET. See: BUDGET APPEALS Administrative appeal, right to 2.06 Local lodging tax 2.80 Subd. 13 Rules of procedure for appeals 2.07 APPOINTMENTS City administrator 2.09 Subd. 2 Departments generally 2.30 Subd. 2 APPROPRIATIONS Certain ordinances not affected by Code 1.14 Subd. 1.F ASSESSMENTS Special assessments. See that subject ASSOCIATIONS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 AUTOMOBILES. See: MOTOR VEHICLES AND TRAF- FIC B BED TAX Local lodging tax BEER Licensing and regulation See: ALCOHOLIC BEVERAGES BILLBOARDS. See: SIGNS AND BILLBOARDS BOARD OF ADJUSTMENT AND APPEALS Advisory board of adjustments and appeals CDi:5 2.80 5.01 et seq. 2.53 EAGAN CODE Section BOARDS, COMMITTEES AND COMMISSIONS Absentee ballot county board 2.73 Advisory board of adjustments and appeals 2.53 Advisory commissions and committees generally 2.50 Advisory parks, recreation and natural resources com- mission 2.52 Advisory planning commission 2.51 Board of adjustments and appeals Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) City administrator's duties 2.09 Subd. 4.A Code definitions 1.02 BOATS AND BOATING Parks and recreation areas, unlawful acts 10.23 Subd. 5 Rules and regulations governing boating and related water activities within the city 10.24 Disturbance 10.24 Subd. 3 Exceptions 10.24 Subd. 2 General 10.24 Subd. 1 Ice fishing houses 10.24 Subd. 4 Pontoons and floating rafts 10.24 Subd. 6 Seasonal docks 10.24 Subd. 5 State laws, adoption of 10.24 Subd. 7 BOND ISSUES Certain ordinances not affected by Code 1.14 Subd. 1.B BONDS, SURETY OR PERFORMANCE Listing of uncoded ordinances in effect. See Chapter 25 Pawnshop license requirements 6.45 Subd. 7 Tree maintenance contractors' licensing requirements6.44 Subd. 4 BOULEVARDS Code definitions 1.02 BOUNDARIES Certain ordinances not affected by Code 1.14 Subd. 1.I Special service district No. 1 Area included within 14.01 Subd. 4 BOWS AND ARROWS. See also: FIREARMS AND WEAP- ONS Use of BRUSH. See: WEEDS AND BRUSH 10.10 Subd. 8 BUDGET Advisory parks, recreation and natural resources commission's duties 2.52 Subd. 2 City administrator's duties 2.09 Subd. 4.0 Departments generally Budgetary information 2.30 Subd. 5 CDi:6 • • • • CODE INDEX Section BUILDINGS Building code Adopted 4.01 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.A Building numbers Posting 2.78 Subd. 2 Required 2.78 Subd. 1 Specifications 2.78 Subd. 3 Building permits Fees 4.02 Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 Required 4.03 Construction headquarters and material storage areas 4.60 Excavations and fills 4.30 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Moving buildings Building mover endorsement 4.10 Subd. 12 Building permits and certificates of occupancy 4.10 Subd. 11 Conditional permits 4.10 Subd. 10 Council review 4.10 Subd. 7 Denial of permit 4.10 Subd. 13 Fees and deposits 4.10 Subd. 6 Moving days 4.10 Subd. 9 Moving hours 4.10 Subd. 8 Moving permit required and application 4.10 Subd. 2 Owner's permit required and application 4.10 Subd. 4 Liability to city 4.10 Subd. 5 Permits and special requirements for Definitions 4.10 Subd. 1 Outdoor swimming pools 4.70 Protective inspections department 2.35 Signs Construction of 4.20 Subd. 1 Placement, erection maintenance of 4.20 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach parks, construction and maintenance of . 4.40 Violation a misdemeanor 4.99 Wind energy conversion systems and radio or TV tow- ers, placement, erection and maintenance of 4.50 BURGLAR ALARMS Regulations and requirements 10.43 BUSINESSES Business signs 4.20 Subds. 5, 6 CDi:7 EAGAN CODE BUSINESSES—Cont'd. License regulations See: LICENSES AND PERMITS CABLE TELEVISION Franchises Listing of uncoded ordinances in effect. See Chapter 25 CANVASSERS. See: PEDDLERS, CANVASSERS AND SOLICITORS Section 6.01 et seq. CARNIVALS, CIRCUSES AND FAIRS Shows 6.32 CARS. See: MOTOR VEHICLES AND TRAFFIC CERTIFICATES Moving of buildings Building permits and certificates of occupancy 4.10 Subd. 11 CHEMICAL TREATMENT Tree maintenance contractors' licensing requirements. 6.44 Subd. 6 CITATIONS Code regulations Issuance of citations 1.08 2.38 CITY Certain motorized vehicles permitted on boulevards7.12 Subd. 3 Code definitions 1.02 Moving of buildings Liability to city 4.10 Subd. 5 Tree planting City to control 10.21 Subd. 3 City to perform work 10.21 Subd. 5 CITY ADMINISTRATOR Agreements 2.09 Subd. 6 Appointment and removal 2.09 Subd. 2 Code definitions 1.02 Compensation 2.09 Subd. 5 Duties 2.09 Subd. 4 Position established 2.09 Subd. 1 Qualifications 2.09 Subd. 3 CITY ATTORNEY Legal department 2.33 CITY CLERK -TREASURER City seal generally 2.05 Code definitions 1.02 Generally 2.13 CDi:8 • • • • CODE INDEX Section CITY CODE. See: CODE OF ORDINANCES CITY COUNCIL Authority and purpose of provisions 2.01 City administrator's duties 2.09 Subd. 4 City seal 2.05 Interim emergency council, duties of 2.10 Subd. 3 Mayor Generally 2.11 et seq. See: MAYOR Meetings Council procedure at regular meetings 2.04 Special meetings 2.03 Time and place 2.02 Moving of buildings Council review 4.10 Subd. 7 Salaries of mayor and councilmembers 2.11 Special meetings 2.03 Traffic and parking control on streets and sidewalks Council action 7.04 Subd. 1 CITY SEAL Generally 2.05 CITY TREASURY Fines and penalties, payment into 1.06 CLAY. See: DIRT, CLAY OR SOIL CODE OF ORDINANCES* Amendments to Code 1.15 Application of provisions 1.01 Certain ordinances not affected by Code 1.14 Citation 1.08 City administrator's duties 2.09 Subd. 4.E Definitions 1.02 Editor's notes and references 1.13 Listing of uncoded ordinances in effect. See Chapter 25 Meanings 1.07 Otherwise unlawful 1.04 Payment into city treasury of fines and penalties 1.06 Penalties for each offense 1.09 Reference to a public official 1.11 Section catchlines and other headings 1.10 Severability 1.05 Source and effective date notes 1.12 Supplementation of Code 1.16 Violation a misdemeanor 2.99 *Note -The adoption, amendment, repeal, omissions, effective date, explana- tion of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. CDi:9 EAGAN CODE Section CODE OF ORDINANCES—Cont'd. Violation a misdemeanor or a petty misdemeanor 1.03 CODES Technical codes. See that subject COLORING. See: PAINTING OR COLORING COMMERCIAL DISTRICTS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) COMMERCIAL ENTERPRISES Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.E COMMERCIAL VEHICLES. See also: MOTOR VEHI- CLES AND TRAFFIC Parking regulations 9.10 COMMITTEES AND COMMISSIONS. See: BOARDS, COMMITTEES AND COMMISSIONS COMMUNITY INVESTMENT FUND Created 2.79 Subd. 1 Purpose of fund 2.79 Subd. 2 COMPENSATION. See: OFFICERS AND EMPLOYEES CONFECTIONS Alcohol, confections containing 5.19 CONSTRUCTION HEADQUARTERS AND MATERIAL STORAGE AREAS Designated 4.60 CONSTRUCTION VEHICLES Boulevards, permitted on 7.12 Subd. 2 CONTRACTORS Tree maintenance contractors' licensing 6.44 CONTRACTS AND AGREEMENTS Abandoned vehicles City contracts re disposal 2.70 Subd. 1H Certain ordinances not affected by Code 1.14 Subd. 1 City administrator Agreements 2.09 Subd. 6 Duties generally 2.09 Subd. 4.F Duties re contracts 2.09 Municipal and public utilities Contractual contents of provisions 3.04 Refuse storage, deposit and disposal Joint management hauling contracts 10.01 Subd. 6 CONVENTION FACILITIES Alcoholic beverage license regulation 5.56 CDi:10 • • • • • CODE INDEX CONVICTIONS Code definitions Pawnshop licenses Persons and places ineligible for license Section 1.02 6.45 Subd. 8 CORPORATIONS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 COUNCIL. See: CITY COUNCIL CRIMES. See: PUBLIC PROTECTION, CRIMES AND OFFENSES CURBS AND GUTTERS Painting or coloring 7.10 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.F CURFEW Amusement places, entertainment or refreshment 10.30 Subd. 4 Exceptions 10.30 Subd. 5 Minors under the age of 16 10.30 Subd. 1 Minors who are 16 or 17 years of age 10.30 Subd. 2 Parents and guardians 10.30 Subd. 3 D DAMAGES AND DAMAGING Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.A Traffic and parking control on streets 7.04 Subd. 5 DANCEHALLS Definitions 6.31 Subd. 1 Disposition of -fees 6.31 Subd. 14 Hours 6.31 Subd. 10 Lights 6.31 Subd. 7 Not to admit certain persons 6.31 Subd. 8 Numbers of persons admitted 6.31 Subd. 12 Obscene or indecent behavior 6.31 Subd. 6 Officer may attend public dances 6.31 Subd. 9 Permits Applications 6.31 Subd. 5 Generally 6.31 Subd. 2 Issuance of 6.31 Subd.3 Revocation of permit 6.31 Subd. 15 To be posted 6.31 Subd. 4 Smoking or consumption of alcoholic beverages 6.31 Subd. 11 DANGEROUS DOGS. See also: ANIMALS AND FOWL Specifically 10.11 Subd. 7 CDi:11 EAGAN CODE Section DEEDS Certain ordinances not affected by Code 1.14 Subd. 1 DEFACING. See: DAMAGES AND DAMAGING DENSITY Occupant density Trailer coach park construction, design and operation requirements 4.40 Subd. 4.P DEPARTMENTS AND OTHER AGENCIES OF CITY City administrator's duties 2.09 Subd. 4.A Code definitions 1.02 Departments generally Appointment 2.30 Subd. 2 Budgetary information 2.30 Subd. 5 Compensation 2.30 Subd. 3 Control 2.30 Subd. 1 Table of organization and lines of responsibility 2.30 Subd. 4 Fire department 2.32 Legal department 2.33 Park and recreation department 2.37 Planning and zoning department 2.36 Police department 2.31 Protective inspections department 2.35 Public works department 2.34 DEPOSITS Moving of buildings 4.10 Subd. 6 DESIGN STANDARDS Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) DEVELOPMENT. See: PLANNING AND DEVELOP- MENT DIRT, CLAY OR SOIL Streets, tracking onto 7.05 Subd. 5.1 DISCRIMINATION Parks, discrimination in 10.23 Subd. 8 DISEASE CONTROL Pet shops Diseased animals 6.43 Subd. 3 Rabies control regulations re dogs and cats 10.11 Subd. 10 Shade tree disease control and prevention 10.20 DISTRICTS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) DISTURBANCES Boating, rules and regulations governing 10.24 Subd. 3 CDi:12 • • CODE INDEX DRAINS AND DRAINAGE Stormwater drainage connection and availability charge Trailer coach park construction, design and operation requirements DRUG PARAPHERNALIA Possession, manufacture, delivery and advertisement prohibited Section 3.07 4.40 Subd. 4.B 10.34 DUMPING Public property 10.32 Subd. 3 Streets, obstructions in 7.05 Subd. 3 E EAGAN. See: CITY ELECTIONS Absentee ballot counting board Even -year election Listing of uncoded ordinances in effect. See Chapter 25 ELECTRICITY Franchises Listing of uncoded ordinances in effect. See Chapter 25 2.73 2.15 EMERGENCIES Emergency preparedness plan 2.77 Interim emergency succession 2.10 Water emergency restrictions 3.20 Subd. 8.F EMERGENCY PREPAREDNESS PLAN Generally EMPLOYEES (Generally) Beer, wine and liquor Sale by employees EMPLOYEES OF CITY. See: OFFICERS EES ENCLOSURES. See: FENCES, WALLS, ENCLOSURES AND EMPLOY - HEDGES AND 2.77 5.10 ENGINEERS AND ENGINEERING Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) EQUIPMENT Parks and recreation areas Unlawful acts 10.23 Subd. 5 EX OFFICIO MEMBERS Code definitions 1.02 CDi:13 EAGAN CODE Section EXCAVATIONS AND FILLS Annual license fee 4.30 Subd. 4 Application for permit 4.30 Subd. 3 Combination permits 4.30 Subd. 9 Conditional use permits 4.30 Subd. 10 Definitions 4.30 Subd. 1 Duration of permit 4.30 Subd. 8 Granting of permit 4.30 Subd. 6 Inspections 4.30 Subd. 7 Permit required; unlawful act 4.30 Subd. 2 Regulations and requirements 4.30 Subd. 5 Street openings or excavations 7.06 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Violations 4.30 Subd. 11 EXCLUSIONS (Territory) Certain ordinances not affected by Code 1.14 Subd. 1.I EXHIBITION DRIVING. See also: MOTOR VEHICLES AND TRAFFIC Specific regulations 8.05 EXHIBITIONS. See: SHOWS FACSIMILE SIGNATURES Mayor and city -treasurer authorization 2.08 FALSE STATEMENTS Beer, wine and liquor licensing and regulation 5.02 FEDERAL GOVERNMENT Pawnshop licenses Persons and places ineligible for license 6.45 Subd. 8 FEES Beer license fees Beer, wine and liquor licenses Application and investigation fee Certain ordinances not affected by Code Fixing license fees Liquor license fees Moving of buildings Pawnshop licenses Payment of fees Sanitary sewer utility fee Sign permits and fees Storm sewer utility fee Tree maintenance contractors' licensing requirements Water Connection and availability charge CDi:14 5.31 5.02 Subd. 3 1.14 Subd. 1.H 6.04 5.51 4.10 Subd. 6 6.45 Subd. 6 3.08 Subd. 2 4.20 Subd. 9 3.07 Subd. 3 6.44 Subd. 7 3.06 • • • CODE INDEX FEES—Cont'd. Recalculation of fees Utility fee FENCES, WALLS, HEDGES AND ENCLOSURES Animal housing regulations Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Outdoor swimming pools, fencing required around Stables FILLS. See: EXCAVATIONS AND FILLS FINANCES Beer, wine and liquor licensees Financial responsibility of Certain ordinances not affected by Code City clerk -treasurer Generally See: CITY CLERK -TREASURER Community investment fund Fines and penalties, payment into city treasury Special assessments See: SPECIAL ASSESSMENTS Street lighting system costs Street openings or excavations FINES, FORFEITURES AND OTHER PENALTIES Certain ordinances not affected by Code Payment of fines and penalties into. city treasury Penalties for each offense Penalties for specific acts, omissions, violations, etc See specific subjects as indexed Public protection, crimes and offenses See: PUBLIC PROTECTION, CRIMES AND OF- FENSES Violation a misdemeanor Violation a misdemeanor or a petty misdemeanor FIRE, BURGLARY AND SAFETY ALARMS Definitions Purpose Regulations and requirements Schedule of payment rates FIRE DEPARTMENT Established FIRE EXTINGUISHERS Trailer coach park construction, design and operation requirements Section 3.06 Subd. 6 3.06 Subd. 2 10.12 Subd. 5 11.01 et seq. 4.70 Subd. 2 6.41 5.13 1.14 Subd. 1.B 2.13 et seq. 2.79 1.06 2.74 et seq. 3.60 Subd. 3 7.06 Subds. 2, 6 1.14 Subd. 1.A 1.06 1.09 10.01 et seq. 2.99 1.03 10.43 Subd. 2 10.43 Subd. 1 10.43 Subd. 3 10.43 Subd. 4 2.32 4.40 Subd. 4.0 FIRE HOSES Private fire hose connections 3.20 Subd. 7 CDi:15 EAGAN CODE Section FIRE HYDRANTS Water hydrant use 3.20 Subd. 8 FIRE LANES Signage requirements 10.40 Subd. 5 FIRE PREVENTION Fire department 2.32 Fire lane signage requirements 10.40 Subd. 5 Minnesota Uniform Fire Code Adoption 10.40 Subd. 1 Definitions 10.40 Subd. 3 Enforcement 10.40 Subd. 2 Fire lane signage requirements 10.40 Subd. 5 New materials, processes or occupancies which may require permits 10.40 Subd. 4 Public property, fires on 10.32 Subd. 2 Refuse storage, deposit and disposal 10.01 Subd. 4 Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.0 Streets, obstructions in 7.05 Subd. 2 FIREARMS AND WEAPONS Dangerous weapons and articles Acts prohibited 10.10 Subd. 3 Bows and arrows, use of 10.10 Subd. 8 Carrying and transporting of firearms 10.10 Subd. 5 Definitions 10.10 Subd. 1 Exception 10.10 Subd. 4 Exposure of unused container 10.10 Subd. 7 Firearms regulated 10.10 Subd. 2 Possession and sale of fireworks 10.10 Subd. 6 Fireworks Park regulations 10.23 Subd. 6 Possession and sale of 10.10 Subd. 6 Parks and recreation areas, unlawful acts 10.23 Subd. 4 FIREWORKS. See also: FIRE PREVENTION Parks and recreation area regulations re fireworks10.23 Subd. 4 Possession and sale of 10.10 Subd. 6 FIRMS Person; code definitions extended and applied to 1.02 FLOOD DAMAGE PREVENTION Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) FORFEITURES. See: FINES, FORFEITURES AND OTHER PENALTIES FOWL. See: ANIMALS AND FOWL CDi:16 11.01 et seq. • • • • • CODE INDEX FRANCHISES Certain ordinances not affected by Code Conditions in every franchise Definitions Franchise ordinances Further provisions of franchises Power of regulation reserved FUNERALS Parades G GAMBLING Applications for license Approval required Beer, wine and liquor licensees Gambling prohibited Purpose of provisions Regulations and restrictions GAMES Rules and regulations governing public parks and rec- reation areas GARBAGE AND TRASH Garbage, refuse and recycling haulers Definitions Exception _ Hauler licensee requirements License Required Storage, deposit and disposal of refuse Trailer coach park construction, design and operation requirements GAS Franchises Listing of uncoded ordinances in effect. See Chapter 25 GOLF DRIVING RANGE Definition License Required Restrictions and regulations Zoning GRADES AND GRADING Excavations and fills Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) CDi:17 Section 1.14 Subd. 1.D 2.72 Subd. 4 2.72 Subd. 1 2.72 Subd. 2 2.72 Subd. 5 2.72 Subd. 3 7.07 6.35 Subd. 3 6.35 Subd..2 5.15 6.35 Subd. 1 6.35 Subd. 4 10.23 Subd. 1.F 6.37 6.37 Subd. 1 6.37 Subd. 3 6.37 Subd. 4 6.37 Subd. 2 10.01 4.40 Subd. 4.N 6.42 Subd. 1 6.42 Subd. 2 6.42 Subd. 3 6.42 Subd. 4 4.30 EAGAN CODE GRASS Private property Planting and maintenance of trees and grass on Regulation of grass H HANDICAPPED PERSONS Physically handicapped parking HARASSING BEHAVIOR. See: STALKING AND HA- RASSING BEHAVIOR HAULERS Garbage, reuse and recycling haulers HEALTH AND SANITATION Animals and fowl Treatment regulations Massage therapy establishment and massage therapist licenses Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) HEARINGS Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) License hearing Rules of procedure for appeals and other hearings Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) HEDGES. See: FENCES, WALLS, HEDGES AND EN- CLOSURES HOTELS AND MOTELS Local lodging tax HOUSING Single-family housing and multifamily housing devel- opments Housing programs Listing of uncoded ordinances in effect. See Chap- ter 25 HUCKSTERS. See: PEDDLERS, CANVASSERS AND SOLICITORS Section 10.21 7.08 9.16 6.37 10.12 Subd. 4 6.39 11.01 et seq. 6.11 2.07 2.80 HUNTING Special hunting permit 6.47 I ICE Public property, ice on 10.32 Subd. 5 CDi:18 • • • CODE INDEX Section ICE—Cont'd. Streets, obstructions in 7.05 Subd. 5 ICE FISHING HOUSES Rules and regulations governing 10.24 Subd. 4 IMPOUNDMENT Parking of vehicles Impounding and removing vehicles 9.12 IMPROVEMENTS. See: PUBLIC WORKS AND IM- PROVEMENTS INDEBTEDNESS OF CITY Certain ordinances not affected by Code 1.14 Subd. 1.B INDECENCY AND OBSCENITY Alcoholic beverage establishments Nudity or obscenity prohibited 5.90 Dancehalls Obscene or indecent behavior 6.31 Subd. 6 Shows Obscenity prohibited 6.32 Subd. 4 INDUSTRIAL DISTRICTS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) INDUSTRIAL STRENGTH CHARGE Listing of uncoded ordinances in effect. See Chapter 25 INDUSTRY Sewer service Classification of industrial users 3.40 Subd. 3 INNS Local lodging tax 2.80 INSPECTIONS Excavations and fills 4.30 Subd. 7 Pawnshop license requirements 6.45 Subd. 11 Protective inspections department 2.35 Shade tree disease control and prevention Inspection, diagnosis and abatement 10.20 Subd. 5 INSTRUMENTS Certain ordinances not affected by Code 1.14 Subd. 1 INSURANCE Beer, wine and liquor licensees Insurance certificate requirements 5.14 License requirements 6.10 Tree maintenance contractors' licensing 6.44 Subd. 3 Wind energy conversion systems and radio or TV tow- ers Placement, erection and maintenance of 4.50 Subd. 4 CDi:19 EAGAN CODE Section INTEREST Local lodging tax 2.80 Subd. 10 INTERIM EMERGENCY SUCCESSION Duties of interim emergency council 2.10 Subd. 3 Local offices, succession to 2.10 Subd. 2 Purpose 2.10 Subd. 1 INTERSECTIONS Code definitions 1.02 INTOXICATED PERSONS Dancehalls Not to admit certain persons 6.31 Subd. 8 INVESTIGATIONS Beer, wine and liquor licensing and investigation fee5.02 Subd 3 Parades 7.07 Subd. 3 Street openings or excavations 7.06 Subd. 1 INVESTMENTS Community investment fund 2.79 IRRIGATION Streets City to control irrigation 7.08 Subd. 1 JUNK Abandoned motor vehicles Junk cars, furniture, household furnishings and appli- ances stored on public or private property K 2.70 Subd. 1 10.51 KENNELS Defined 6.38 Subd. 1 Exception 6.38 Subd. 3 License Required 6.38 Subd. 2 Zoning 6.38 Subd. 4 LABORATORIES Alcoholic beverages in certain buildings and grounds.. 5.17 CDi:20 • • • • • CODE INDEX LAND USE REGULATIONS (Zoning) A agricultural district Accessory uses Conditional uses Permitted uses Accessory uses A agricultural district GB general business district Administration and enforcement Agreements Planned development agreement Alterations Shoreland zoning Shoreland alterations Amendments (including zoning) Floodplain zoning district Initiation Petitions Planning commission, referral to Planning commission reports Provisions Public hearing Notice and procedure Rezoning petition Architectural standards Area BP business park district • Minimum area requirements Multiple dwellings, minimum area requirements for R-D and I districts Standards and requirements Board of adjustments and appeals BP business park district Area standards and requirements Conditional uses Description Parking standards and requirements Performance standards Permitted accessory uses Permitted uses Screening and landscaping requirements Signage provisions Building permit reviews Petitions Procedures Purpose Bulk storage (liquid) Performance standards CDi:21 Section 11.20 Subd. 3.0 11.20 Subd. 3.B 11.20 Subd. 3.A 11.20 Subd. 3.0 11.20 Subd. 11.D 11.40 11.20 Subd. 8.D, 11.40 Subd. 6.0 11.21 Subd. 9.I 11.40 Subd. 5.H 11.40 Subd. 5.B 11.40 Subd. 5.0 11.40 Subd. 5.E 11.40 Subd. 5.G 11.40 Subd. 5.A 11.40 Subd. 5.D 11.40 Subd. 5.F 11.20 Subd. 6.I 11.20 Subd. 22.E 11.20 Subd. 6 11.20 Subd. 6.B 11.20 Subd. 20 11.20 Subd. 15 11.40 Subd. 2 11.20 Subd. 22.E 11.20 Subd. 22.0 11.20 Subd. 22.A 11.20 Subd. 22.F 11.20 Subd. 22.I 11.20 Subd. 22.D 11.20 Subd. 22.B 11.20 Subd. 22.G 11.20 Subd. 22.H 11.40 Subd. 7.B 11.40 Subd. 7.0 11.40 Subd. 7.A 11.30 Subd. 1.H EAGAN CODE Section LAND USE REGULATIONS (Zoning)-Cont'd. Business districts BP business park district 11.20 Subd. 22 GB general business district 11.20 Subd. 11 LB limited business district 11.20 Subd. 9 NB neighborhood business district 11.20 Subd. 10 RB roadside business district 11.20 Subd. 14 Conditional accessory uses NB neighborhood business district 11.20 Subd. 10.0 Conditional use permits Application, public hearing, notice and procedure 11.40 Subd. 4.B Conditions 11.40 Subd. 4.D Denial for noncompliance 11.40 Subd. 4.E Expiration 11.40 Subd. 4.I Periodic review, term of permit 11.40 Subd. 4.G Permittee 11.40 Subd. 4.F Purpose 11.40 Subd. 4.A Revocation 11.40 Subd. 4.H Standards 11.40 Subd. 4.0 Conditional uses A agricultural district 11.20 Subd. 3.B BP business park district 11.20 Subd. 22.0 CSC community shopping center district 11.20 Subd. 12.0 E estate district 11.20 Subd. 4.B Floodplain district (FP) 11.80 Subd. 4.B GB general business district 11.20 Subd. 11.0 I-1 limited industrial district 11.20 Subd. 16.0 I-2 general industrial district 11.20 Subd. 17.B LB limited business district 11.20 Subd. 9.0 P public facilities district 11.20 Subd. 7.B RB roadside business district 11.20 Subd. 14.0 Residential districts 11.20 Subd. 5.B RSC regional shopping center district 11.20 Subd. 13.0 Shoreland zoning 11.21 Subd. 9.N CSC community shopping center district Conditional uses 11.20 Subd. 12.0 Description 11.20 Subd. 12.A Permitted accessory uses 11.20 Subd. 12.D Permitted uses 11.20 Subd. 12.B Definitions 11.03 Districts Regulations pertaining to districts. See herein spe- cific districts E estate district Conditional uses 11.20 Subd. 4.B Permitted accessory uses 11.20 Subd. 4.0 Permitted uses 11.20 Subd. 4.A Electrical emission Performance standards 11.30 Subd. 1.J Enforcing officer 11.40 Subd. 1 CDi:22 • • • • • • CODE INDEX LAND USE REGULATIONS (Zoning)-Cont'd. Excavation permit Planned development Explosives Performance standards Floodplain district (FP) Conditional uses Permitted uses Prohibited uses Standards for floodplain uses Floodplain districts Floodplain regulations Abrogation and greater restrictions Compliance Definitions Findings of facts and purposes Flood insurance rate maps, adoption of Floodplain district (FP) Conditional uses Permitted uses Prohibited uses Standards for floodplain uses Floodplain evaluation procedure Certification of lowest floor elevations Notification to DNR Site evaluation Floodplain violations, special provisions for Final action Investigation Order General provisions Lands to which floodplain regulations apply Map interpretation Relationship to other city zoning regulations Shoreland zoning Variances, special provisions for floodplain variances Floodplain zoning districts Amendments Frontage R-D and I districts GB general business district Accessory uses Conditional uses Description Permitted uses General provisions Accessory buildings and structures Additional requirements, exceptions and modifica- tions CDi:23 Section 11.40 Subd. 6.E 11.30 Subd. 1.K 11.80 Subd. 4.B 11.80 Subd. 4.A 11.80 Subd. 4.0 11.80 Subd. 4.D 11.20 Subd. 21, 11.80 11.80 Subd. 3.F 11.80 Subd. 3.E 11.80 Subd. 2 11.80 Subd. 1 11.80 Subd. 3.A 11.80 Subd. 4.B 11.80 Subd. 4.A 11.80 Subd. 4.0 11.80 Subd. 4.D 11.80 Subd. 5.0 11.80 Subd. 5.B 11.80 Subd. 5.A 11.80 Subd. 7.0 11.80 Subd. 7.A 11.80 Subd. 7.B 11.80 Subd. 3 11.80 Subd. 3.B 11.80 Subd. 3.0 11.80 Subd. 3.D 11.21 Subd. 9.0 11.80 Subd. 6 11.40 Subd. 5.H 11.20 Subd. 20 11.20 Subd. 11.D 11.20 Subd. 11.0 11.20 Subd. 11.A 11.20 Subd. 11.B 11.10 Subd. 5 11.10 Subd. 19 EAGAN CODE LAND USE REGULATIONS (Zoning)-Cont'd. Application Architectural standards Building permit and certificate of occupancy Commercial and industrial site development Design and construction requirements (R-3 and R-4) for multiple dwellings Fences Hours of operation Joint parking facilities Land reclamation and mining Landscaping Lot provisions Motor fuel station design (class I and II) Municipal utilities for residential development Nonconforming structures and uses Off-street loading areas Off-street parking and outdoor storage as conditional use Off-street parking areas, design and maintenance of Open sales lots Outdoor storage by businesses Placement of house on residential lot Platting for commercial and industrial Public address systems Public utility service Required off-street parking Required yards and open spaces Residential complex development Separability Structures in public rights -of -way Traffic visibility Tree preservation Glare and heat Performance standards Ground floor R-D and I districts Hearings Conditional use permits Height Additional setbacks for height Industrial districts Minimum height requirements Shoreland zoning Height of structures Historic sites Shoreland zoning, significant historic sites I-1 limited industrial district Additional lot requirements Conditional uses CDi:24 Section 11.10 Subd. 1 11.10 Subd. 30 11.10 Subd. 11 11.10 Subd. 27 11.10 Subd. 24 11.10 Subd. 20 11.10 Subd. 18 11.10 Subd. 28 11.10 Subd. 10 11.10 Subd. 15 11.10 Subd. 4 11.10 Subd. 21 11.10 Subd. 23 11.10 Subd. 3 11.10 Subd. 14 11.10 Subd. 12.1 11.10 Subd. 12 11.10 Subd. 17 11.10 Subd. 29 11.10 Subd. 26 11.10 Subd. 25 11.10 Subd. 16 11.10 Subd. 8 11.10 Subd. 13 11.10 Subd. 6 11.10 Subd. 22 11.10 Subd. 2 11.10 Subd. 9 11.10 Subd. 7 11.10 Subd. 15.1 11.30 Subd. 1.F 11.20 Subd. 20 11.40 Subd. 4.B 11.20 Subd. 6.0 11.20 Subd. 19.0 11.20 Subd. 6 11.21 Subd. 9.H 11.21 Subd. 9.F 11.20 Subd. 16.D 11.20 Subd. 16.0 • • • • • CODE INDEX Section LAND USE REGULATIONS (Zoning)-Cont'd. Performance standards 11.20 Subd. 16.B Permitted uses 11.20 Subd. 16.A I-2 general industrial district Additional lot requirements 11.20 Subd. 17.0 Conditional uses 11.20 Subd. 17.B Permitted uss 11.20 Subd. 17.A Industrial districts Additional standards and requirements for 11.20 Subd. 19 I-1 limited industrial district 11.20 Subd. 16 I-2 general industrial district 11.20 Subd. 17 Minimum requirements for lot area, width, frontage, height, yards, ground floor area for 11.20 Subd. 20 Intent and purpose 11.01 Interim use permits Conditions 11.22 Subd. 2 Definition 11.22 Subd. 1 Public hearings 11.22 Subd. 5 Revocation 11.22 Subd. 4 Termination 11.22 Subd. 3 Landscaping BP business park district 11.20 Subd. 22.G Industrial districts 11.20 Subd. 19.D LB limited business district Conditional uses 11.20 Subd. 9.0 Description 11.20 Subd. 9.A Permitted accessory uses 11.20 Subd. 9.D Permitted uses 11.20 Subd. 9.B Lots I-1 limited industrial district Additional lot requirements 11.20 Subd. 16.D I-2 general industrial district Additional lot requirements 11.20 Subd. 17.0 R-D and I districts 11.20 Subd. 20 R-D research and development district Additional lot requirements 11.20 Subd. 18.E Maps Floodplain regulations Map interpretation 11.80 Subd. 3.0 Multiple dwellings Minimum area requirements for 11.20 Subd. 6.B Natural environmental waters Sewered areas in 11.21 Subd. 8.B NB neighborhood business district Conditional accessory uses 11.20 Subd. 10.0 Description 11.20 Subd. 10.A Permitted accessory uses 11.20 Subd. 10.D Permitted uses 11.20 Subd. 10.B Noise Performance standards 11.30 Subd. 1.A CDi:25 EAGAN CODE Section LAND USE REGULATIONS (Zoning)-Cont'd. Nonconformities Shoreland zoning 11.21 Subd. 11 Odors Performance standards 11.30 Subd. 1.D P public facilities district Conditional uses 11.20 Subd. 7.B Permitted uses 11.20 Subd. 7.A Parking BP business park district 11.20 Subd. 22.F PD planned development district Annual review, extension and termination 11.20 Subd. 8.E Determination 11.20 Subd. 8.B Planned development agreement 11.20 Subd. 8.D Procedure 11.20 Subd. 8.0 Purpose and intent 11.20 Subd. 8.A Performance standards BP business park district 11.20 Subd. 22.1 I-1 limited industrial district 11.20 Subd. 16.B Purpose 11.30 Subd. 1 Permits Interim use permits 11.22 Shoreland zoning 11.21 Subd. 6.A Permitted accessory uses BP business park district 11.20 Subd. 22.D CSC community shopping center district 11.20 Subd. 12.D E estate district 11.20 Subd. 4.0 LB limited business district 11.20 Subd. 9.D NB neighborhood business district 11.20 Subd. 10.D RB roadside business district 11.20 Subd. 14.D R-D research and development district 11.20 Subd. 18.D Residential districts 11.20 Subd. 5.0 RSC regional shopping center district 11.20 Subd. 13.D Permitted uses A agricultural district 11.20 Subd. 3.A BP business park district 11.20 Subd. 22.B CSC community shopping center district 11.20 Subd. 12.B E estate district 11.20 Subd. 4.A Floodplain district (FP) 11.80 Subd. 4.A GB general business district 11.20 Subd. 11.B I-1 limited industrial district 11.20 Subd. 16.A I-2 general industrial district 11.20 Subd. 17.A LB limited business district 11.20 Subd. 9.B NB neighborhood business district 11.20 Subd. 10.B P public facilities district 11.20 Subd. 7.A RB roadside business district 11.20 Subd. 14.B R-D research and development district 11.20 Subd. 18.0 Residential districts 11.20 Subd. 5.A RSC regional shopping center district 11.20 Subd. 13.B CDi:26 • • • • • CODE INDEX LAND USE REGULATIONS (Zoning)-Cont'd. Petitions Amendments Building permit reviews Fees Form Planned development Planned development Cluster developments Shoreland zoning Excavation permit Final development plans Petitions Planned development agreement Purpose Planning commission Amendment duties Prohibited uses Floodplain district (FP) Public hearings Amendments Interim use permits Public/semipublic, agricultural, forestry and extractive uses Shoreland zoning, special provisions for Radiation emission Performance standards RB roadside business district Conditional uses Description Permitted accessory uses Permitted uses R-D research and development district Additional lot requirements Minimum requirements for lot area, width, frontage, height, yards, ground floor area for Permitted accessory uses Permitted uses Purpose Use Residential districts Conditional uses Permitted accessory uses Permitted uses Roads, driveways and parking areas Shoreland zoning Placement and design of RSC regional shopping center district Conditional uses Description CDi:27 Section 11.40 Subd. 5.C, F 11.40 Subd. 7.B 11.40 Subd. 10 11.40 Subd. 8 11.40 Subd. 6.B 11.21 Subd. 10 11.40 Subd. 6.E 11.40 Subd. 6.D 11.40 Subd. 6.B 11.40 Subd. 6.0 11.40 Subd. 6.A 11.40 Subd. 5.E 11.80 Subd. 4.0 11.40 Subd. 5.D 11.22 Subd. 5 11.21 Subd. 9.M 11.30 Subd. 1.I 11.20 Subd. 14.0 11.20 Subd. 14.A 11.20 Subd. 14.D 11.20 Subd. 14.B 11.20 Subd. 18.E 11.20 Subd. 20 11.20 Subd. 18.D 11.20 Subd. 18.0 11.20 Subd. 18.A 11.20 Subd. 18.B 11.20 Subd. 5.B 11.20 Subd. 5.0 11.20 Subd. 5.A 11.21 Subd. 9.K 11.20 Subd. 13.0 11.20 Subd. 13.A EAGAN CODE Section LAND USE REGULATIONS (Zoning)-Cont'd. Permitted accessory uses 11.20 Subd. 13.D Permitted uses 11.20 Subd. 13.B Rules of language construction 11.02 Screening BP business park district 11.20 Subd. 22.G Setbacks Additional setbacks for heights 11.20 Subd. 6.0 Industrial districts 11.20 Subd. 19.A, B Minimum setback requirements 11.20 Subd. 6 Sewage treatment Shoreland zoning 11.21 Subd. 9.0 Sewered areas General development waters 11.21 Subd. 8.D Natural environmental waters 11.21 Subd. 8.B Recreation development waters 11.21 Subd. 8.0 Shopping center districts CSC community shopping center district 11.20 Subd. 12 RSC regional shopping center district 11.20 Subd. 13 Shoreland classification and shoreland use districts 11.21 Subd. 7 Shoreland zoning Abrogation and greater restrictions 11.21 Subd. 4 Administration 11.21 Subd. 6 Conditional uses 11.21 Subd. 9.N Controlled accesses, lots for 11.21 Subd. 9.A Definitions 11.21 Subd. 5 Dimensional requirements 11.21 Subd. 8 Enforcement 11.21 Subd. 3 Floodplain regulations 11.21 Subd. 9.0 General provisions 11.21 Subd. 9 Generally 11.21 Subd. 6.0 Height of structures 11.21 Subd. 9.H Land use zoning districts 11.21 Subd. 7.B Nonconformities Additions/expansions to nonconforming structures 11.21 Subd. 11.B Construction and nonconforming lots of record .... 11.21 Subd. 11.A Public utility connections 11.21 Subd. 11.D Notifications of natural resources 11.21 Subd. 6.D Permits required 11.21 Subd. 6.A Placement and design of structures 11.21 Subd. 9.B Planned development (cluster developments) Application for planned development 11.21 Subd. 10.0 Centralization and design of facilities 11.21 Subd. 10.K Conditional use requirements 11.21 Subd. 10.B Conversions 11.21 Subd. 10.L Density increase multipliers 11.21 Subd. 10.G Erosion control and storrnwater management 11.21 Subd. 10.J Existing unit conditions 11.21 Subd. 10.M Maintenance and design criteria 11.21 Subd. 10.H Open space standards 11.21 Subd. 10.I CDi:28 • • • CODE INDEX LAND USE REGULATIONS (Zoning)-Cont'd. Public utilities Residential and commercial planned development use Site evaluation Types of planned developments permitted Public/semipublic, agricultural, forestry and extrac- tive uses, special provisions for Purpose and intent Roads, driveways and parking areas, placement and design of Scope Shoreland alterations Shoreland classification and shoreland use districts. Shoreland classification system Significant historic sites Stairways, lifts, landings and docks Steep slopes Stormwater management Subdivision provisions Variances Water supply and sewage treatment Water -oriented accessory structures Wetland protection regulations Zoning compliance Signs BP business park district, signage requirements Smoke and particulate matter Performance standards Stairways, lifts, landings and docks Shoreland zoning Steep slopes Shoreland zoning Stormwater management Shoreland zoning Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Subdivisions Shoreland zoning, subdivision provisions Toxic or noxious matter Performance standards Uniform building code Use districts A agricultural district Area standards and requirements BP business park district Classification CSC community shopping center district E estate district Floodplain districts CDi:29 Section 11.21 Subd. 10.D 11.21 Subd. 10.F 11.21 Subd. 10.E 11.21 Subd. 10.A 11.21 Subd. 9.M 11.21 Subd. 1 11.21 Subd. 9.K 11.21 Subd. 2 11.21 Subd. 9.I 11.21 Subd. 7 11.21 Subd. 7.A 11.21 Subd. 9.F 11.21 Subd. 9.E 11.21 Subd. 9.G 11.21 Subd. 9.L 11.21 Subd. 9.P 11.21 Subd. 6.0 11.21 Subd. 9.0 11.21 Subd. 9.D 11.21 Subd. 9.J 11.21 Subd. 6.B 11.20 Subd. 22.H 11.30 Subd. 1.B 11.21 Subd. 9.E 11.21 Subd. 9.G 11.21 Subd. 9.L 11.21 Subd. 9.P 11.30 Subd. 1.0 11.20 Subd. 6.G 11.20 Subd. 3 11.20 Subd. 15 11.20 Subd. 22 11.20 Subd. 1 11.20 Subd. 12 11.20 Subd. 4 11.20 Subd. 21 EAGAN CODE LAND USE REGULATIONS (Zoning)-Cont'd. GB general business district I-1 limited industrial district I-2 general industrial district Industrial districts (I-1, I-2 and R-D) additional stan- dards and requirements for LB limited business district Lot area, width, frontage, height, yards, ground floor area for R-D and I districts, minimum require- ments for Minimum area, setback and height requirements NB neighborhood business district P public facilities district PD planned development district RB roadside business district R-D research and development district Residential districts RSC regional shopping center district Zoning map Uses R-D research and development district Variances Denial Floodplain variances, special provisions for Issuance Lapse of variance or appeal Procedures Purpose Vibrations Performance standards Waste material Performance standards Water supply Shoreland zoning Water -oriented accessory structures Shoreland zoning Wetland protection Shoreland zoning Width R-D and I districts Yards R-D and I districts CDi:30 Section 11.20 Subd. 11 11.20 Subd. 16 11.20 Subd. 17 11.20 Subd. 19 11.20 Subd. 9 11.20 Subd. 20 11.20 Subd. 6 11.20 Subd. 10 11.20 Subd. 7 11.20 Subd. 8 11.20 Subd. 14 11.20 Subd. 18 11.20 Subd. 5 11.20 Subd. 13 11.20 Subd. 2 11.20 Subd. 18.B 11.40 Subd. 3.D 11.80 Subd. 7 11.40 Subd. 3.0 11.40 Subd. 3.E 11.40 Subd. 3.B 11.40 Subd. 3.A 11.30 Subd. 1.E 11.30 Subd. 1.G 11.21 Subd. 9.0 11.21 Subd. 9.D 11.21 Subd. 9.J 11.20 Subd. 20 11.20 Subd. 20 • • • • • CODE INDEX LANDSCAPING Lot landscaping Trailer coach park construction, design and operation requirements Streets Regulation of grass, weeds, trees and landscaping LEASES Certain ordinances not affected by Code LEGAL DEPARTMENT Established LIABILITY INSURANCE. See: INSURANCE Section 4.40 Subd. 4.T 7.08 1.14 Subd. 1 2.33 LICENSES AND PERMITS Action on application, transfer, termination and dupli- cate license Duplicate license 6.03 Subd. 6 Granting 6.03 Subd. 1 Issuing 6.03 Subd. 2 Refusal and revocation 6.03 Subd. 5 Termination 6.03 Subd. 4 Transfer 6.03 Subd. 3 Applications 6.02 Beer license requirements 5.30 et seq. See: ALCOHOLIC BEVERAGES Building permits 4.02 et seq. See: BUILDINGS Carrying or posting of license - 6.05 Conditional licenses 6.08 Dancehalls Permit requirements 6.31 Definitions 6.01 Dog and cat regulation and dog licensing 10.11 Excavations and fills Annual license fee 4.30 Subd. 4 Permit requirements 4.30 Fixing license fees 6.04 Gambling 6.35 Garbage, refuse and recycling haulers 6.37 Golf driving range 6.42 Subd. 2 Insurance requirements 6.10 Kennels 6.38 License denial and fixing rates Hearings 6.11 Subd. 3 Rates 6.11 Subd. 2 Right to deny 6.11 Subd. 1 Liquor license requirements 5.50 et seq. See: ALCOHOLIC BEVERAGES Massage therapy establishment and massage therapist licenses 6.39 CDi:31 EAGAN CODE Section LICENSES AND PERMITS-Cont'd. Mechanical amusement devices 6.30 Motorized golf carts used by persons with mobility impairment Permit requirements 8.08 Moving buildings Permits and special requirements for 4.10 Paintball sport facility 6.46 Parades 7.07 Subd. 2 Pawnshop licenses 6.45 Penalty for property owner 6.06 Pet shops 6.43 Subd. 2 Renewal of licenses 6.09 Responsibility of licensee 6.07 Shows 6.32 Sign permits and fees 4.20 Subd. 9 Solicitors 6.36 Special hunting permit 6.47 Stables 6.41 Street openings or excavations 7.06 Subd. 4 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Tobacco 6.34 Trailer coach park permits 4.40 Subd. 3 Tree maintenance contractors' licensing 6.44 Violation a misdemeanor 6.99 Water hydrant permit 3.20 Subd. 8 Water service permit regulations 3.20 Subd. 8 Workers' compensation 6.12 LIENS Municipal utility services and charges a lien 3.05 Subd. 8 LIGHTS AND LIGHTING Dancehalls regulation Street lighting system LIQUOR Licensing and regulation See: ALCOHOLIC BEVERAGES 6.31 Subd. 7 3.60 5.01 et seq. LITTER AND LITTERING Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.B LOCAL LODGING TAX Appeals 2.80 Subd. 13 Examination of return, adjustments, notices and de- mands 2.80 Subd. 4 Extension for filing or payment 2.80 Subd. 8 Failure to file a return 2.80 Subd. 6 Failure to remit tax payment 2.80 Subd. 7 CDi:32 • • • • CODE INDEX Section LOCAL LODGING TAX-Cont'd. Imposition of tax 2.80 Subd. 2 Interest 2.80 Subd. 10 Payment and returns 2.80 Subd. 3 Penalties 2.80 Subd. 9 Purpose and definitions 2.80 Subd. 1 Refunds 2.80 Subd. 5 Use of proceeds 2.80 Subd. 12 Violations 2.80 Subd. 11 LODGING TAX Local lodging tax 2.80 LOTS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.E M MAPS. See: SURVEYS, MAPS AND PLATS MARCHES Parades 7.07 MASSAGE THERAPY ESTABLISHMENT AND MAS- SAGE THERAPIST LICENSES Definitions 6.39 Subd. 2 Massage therapist license Application 6.39 Subd. 5.B License fee 6.39 Subd. 5.D Required 6.39 Subd. 5.A Restrictions and regulations 6.39 Subd. 5.0 Massage therapy establishment Application for license 6.39 Subd. 4.B Condition of license and unlawful acts 6.39 Subd. 4.E Exception 6.39 Subd. 4.F License fee 6.39 Subd. 4.H License required 6.39 Subd. 4.A Manager or agent 6.39 Subd. 4.G Restrictions and regulations 6.39 Subd. 4.0 Unlawful acts 6.39 Subd. 4.D Prohibited establishments or operations 6.39 Subd. 3 Statement of policy 6.39 Subd. 1 MAY Code definitions MAYOR City council See: CITY COUNCIL Salaries of mayor CDi:33 1.02 2.02 et seq. 2.11 EAGAN CODE Section MAYOR—Cont'd. Term of office of mayor 2.14 MECHANICAL AMUSEMENT DEVICES Licenses Definitions 6.30 Subd. 1 Required 6.30 Subd. 2 Unlawful use and devices 6.30 Subd. 3 MEETINGS Council meetings 2.02 et seq. See: CITY COUNCIL METERS Sewer service Metered water not discharged 3.40 Subd. 2 Water meters 3.20 Subds. 9, 10 MINNESOTA. See: STATE MINNESOTA STATUTES (Minn. Stat.) Code definitions Recreational motor vehicles Certain statutes adopted Snowmobiles, certain statutes adopted Traffic Chapters 168, 169 and 171 adopted by reference 1.02 8.07 Subd. 5 8.06 Subd. 2 8.01 MINORS Beer, wine and liquor license regulation 5.12 Curfew regulations 10.30 Dancehalls Not to admit certain persons 6.31 Subd. 8 Pawnshop licenses Requirements 6.45 Restricted hours of operation; minors 6.45 Subd. 10 MISDEMEANORS Certain ordinances not affected by Code 1.14 Subd. 1.A Code definitions 1.02 Penalties for each offense 1.09 Penalties for specific acts, omissions, violations, etc See specific subjects as indexed Public protection, crimes and offenses 10.01 et seq. See: PUBLIC PROTECTION, CRIMES AND OF- FENSES Violation a misdemeanor or a petty misdemeanor 1.03, 2.99 MOBILE HOMES AND MOBILE HOME PARKS Prohibited use and parking of mobile homes 10.52 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) MONIES OF CITY. See: FINANCES CDi:34 • • • • • CODE INDEX Section MONUMENTS AND MARKERS Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) MOTOR BOATS. See: BOATS AND BOATING MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles Abandoning a motor vehicle 10.50 Disposal of Contracts and disposal 2.70 Subd. 1.H Custody 2.70 Subd. 1.B Definitions 2.70 Subd. 1.A Disposal of vehicles not sold 2.70 Subd. 1.G Immediate sale 2.70 Subd. 1.0 Notice 2.70 Subd. 1.D Public sale 2.70 Subd. 1.F Right to reclaim 2.70 Subd. 1.E Generally 2.70 Advertising or selling merchandise Parking for purpose of 9.15 Air pollution control 10.41 Boulevards and sidewalks, motorized vehicles prohib- ited on 7.11 Certain motorized vehicles permitted on boulevards7.12 Certain ordinances not affected by Code 1.14 Subd. 1.J City parking lots and ramps Parking rules in 9.11 Commercial vehicle parking - 9.10 Exhibition driving Prima facie evidence 8.05 Subd. 1 Unlawful act 8.05 Subd. 2 Firearms Carrying and transporting of 10.10 Subd. 5 Garbage, refuse and recycling haulers 6.37 Left turns prohibited 8.04 Minnesota Statutes, chapters 168, 169 and 171 adopted by reference 8.01 Mobile homes and recreational camping vehicles Definitions 10.52 Subd. 1 Prohibited use and parking of 10.52 Unlawful acts 10.52 Subd. 2 Motorized golf cart use by persons with mobility im- pairment Permit Application 8.08 Subd. 2 Conditions of permit 8.08 Subd. 5 Granting or denying issuance of permit 8.08 Subd. 3 One person permit 8.08 Subd. 4 Renewal of permit 8.08 Subd. 6 Required 8.08 Subd. 1 CDi:35 EAGAN CODE Section MOTOR VEHICLES AND TRAFFIC-Cont'd. Revocation of permit 8.08 Subd. 7 Noise pollution regulations 10.42 Parades 7.07 Parallel parking 9.06 Parking Advertising or selling merchandise, parking for the purpose of 9.15 City parking lots and ramps, parking rules in 9.11 Direction to proceed 9.05 General parking prohibitions 9.02 Impounding and removing vehicles Impounded vehicles, release of 9.12 Subd. 2 To whom information provided 9.12 Subd. 3 Vehicles in violation of parking regulations 9.12 Subd. 1 Parallel parking 9.06 Parking hours 9.08 Physically handicapped parking 9.16 Presumption 9.01 Recreational camping vehicle parking 9.03 Street, vehicle repair on 9.14 Streets without curb 9.07 Truck, trailer and commercial vehicle parking 9.10 Unattended vehicle 9.13 Unauthorized removal 9.04 Violation a misdemeanor or petty misdemeanor 9.99 Winter season parking 9.09 Parking, stopping and standing Certain ordinances not affected by Code 1.14 Subd. 1.J Parks and recreation areas, unlawful acts 10.23 Subd. 5 Permits Motorized golf carts used by persons with mobility impairment 8.08 Physically handicapped parking 9.16 Recreational camping vehicles Parking 9.03 Recreational motor vehicle Certain statutes adopted 8.07 Subd. 5 Definition 8.07 Subd. 2 Other unlawful act 8.07 Subd. 4 Purpose and intent 8.07 Subd. 1 Unlawful operation 8.07 Subd. 3 Repairs Vehicle repair on streets 9.14 Snowmobile Additional rules and regulations 8.06 Subd. 3 Certain statutes adopted 8.06 Subd. 2 Exception 8.06 Subd. 5 Other unlawful acts 8.06 Subd. 4 Purpose and construction 8.06 Subd. 1 • • CDi:36 • • • CODE INDEX MOTOR VEHICLES AND TRAFFIC—Cont'd. Streets and sidewalks Generally See: STREETS, SIDEWALKS AND OTHER PUB- LIC WAYS Parking on streets without curb Vehicle repair on streets Trailers Parking Truck route Trucks Parking U-turns Violation a misdemeanor or petty misdemeanor Winter season parking Section 7.01 et seq. 9.07 9.14 9.10 8.02 9.10 8.03 8.99 9.09 MOTORIZED GOLF CARTS Persons with mobility impairment, use by 8.08 MUNICIPAL AND PUBLIC UTILITIES. See: UTILITIES N NAME Code definitions 1.02 NATURAL PERSONS Person; code definitions extended and applied to 1.02 NATURAL RESOURCES COMMISSION Advisory parks, recreation and natural resources com- mission 2.52 NOISE Noisy parties or gatherings 10.31 Pollution regulations Adoption of 10.42 Subd. 1 Alternative remedy 10.42 Subd. 3 Unlawful act 10.42 Subd. 2 NONCONFORMANCES Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Nonconforming signs 11.01 et seq. 4.20 Subd. 8 NUDITY Alcoholic beverage establishment prohibitions 5.90 NUISANCES Shade tree disease control and prevention Abatement of nuisance 10.20 Subd. 6 NUMBERS AND NUMBERING Building numbers 2.78 CDi:37 EAGAN CODE Section NUMBERS AND NUMBERING—Cont'd. Dancehalls Numbers of persons admitted 6.31 Subd. 11 0 OBLIGATIONS Certain ordinances not affected by Code 1.14 Subd. 1 OBSCENITY. See: INDECENCY AND OBSCENITY OBSTRUCTIONS Limiting time of railway -street crossing obstruction 7.09 Public property, obstructions Condition 10.32 Subd. 7 Continuing violation 10.32 Subd. 6 Dumping on public property 10.32 Subd. 3 Fires 10.32 Subd. 2 Generally 10.32 Subd. 1 Signs and other structures 10.32 Subd. 4 Snow or ice on public property 10.32 Subd. 5 Streets, obstructions in 7.05 OFFENSES. See: PUBLIC PROTECTION, CRIMES AND OFFENSES OFFICERS AND EMPLOYEES City administrator Duties 2.09 Subd. 4 Generally 2.09 City clerk -treasurer Generally 2.13 et seq. See: CITY CLERK -TREASURER City employees park rule enforcement 10.23 Subd. 7 City offices 2.12 Subd. 2 Code definitions 1.02 Code reference to a public official 1.11 Compensation. See herein: Salaries Personnel Rules and regulations 2.71 Salaries Certain ordinances not affected by Code 1.14 Subd. 1.K City administrator 2.09 Subd. 5 Departments generally 2.30 Subd. 3 Mayor and councilmembers 2.11 Worker's compensation Contractors 2.12 Subd. 1 OPEN SPACES. See: YARDS AND OPEN SPACES OPENINGS Street openings 7.06 CDi:38 • • • • • CODE INDEX Section ORDINANCES, CODE OF. See: CODE OF ORDINANCES OUTDOOR SWIMMING POOLS Definitions 4.70 Subd. 1 Exceptions to fencing requirements 4.70 Subd. 3 Existing regulations 4.70 Subd. 4 Fencing required around outdoor swimming pools 4.70 Subd. 2 P PAINTBALL SPORT FACILITY Definitions 6.46 Subd. 1 License Application 6.46 Subd. 3 Required 6.46 Subd. 2 Requirements 6.46 Subd. 4 Noncompliance 6.46 Subd. 5 PAINTING OR COLORING Curbs and gutters, street and sidewalk 7.10 PARADES Council action 7.07 Subd. 4 Definitions 7.07 Subd. 1 Exceptions 7.07 Subd. 6 Investigation 7.07 Subd. 3 Permit Required 7.07 Subd. 2 Unlawful acts - 7.07 Subd. 5 PARENTS AND GUARDIANS Curfew regulations 10.30 Subd. 3 PARKING Certain ordinances not affected by Code 1.14 Subd. 1.J Specific regulations 9.01 et seq. See: MOTOR VEHICLES AND TRAFFIC Street and sidewalk regulations 7.04 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.H PARKS AND RECREATION Advisory parks, recreation and natural resources com- mission Establishment 2.52 Subd. 1 Powers and duties 2.52 Subd. 2 City employees 10.23 Subd. 7 Discrimination in parks 10.23 Subd. 8 Equipment, unlawful acts 10.23 Subd. 5 Park and recreation department Established 2.37 Rules and regulations 10.23 Subd. 6 CDi:39 EAGAN CODE Section PARKS AND RECREATION—Cont'd. Rules and regulations governing public parks and rec- reation areas 10.23 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.K Unlawful acts (animals in park) 10.23 Subd. 3 Unlawful acts (general rules) 10.23 Subd. 1 Unlawful acts (hours and conduct) 10.23 Subd. 2 Weapons and fireworks, unlawful acts 10.23 Subd. 4 PARTIES Noisy parties or gatherings 10.31 PARTNERSHIPS Pawnshop licenses 6.45 Subd. 12 Person; code definitions extended and applied to 1.02 PAWNSHOPS License Bond required 6.45 Subd. 7 Conditions of licenses 6.45 Subd. 9 Corporations, partnerships or associations 6.45 Subd. 12 Execution of application 6.45 Subd. 4 Granting licenses 6.45 Subd. 5 Initial license application 6.45 Subd. 2 Inspection 6.45 Subd. 11 Payment of fees 6.45 Subd. 6 Persons and places ineligible for license 6.45 Subd. 8 Refusal, suspension or revocation 6.45 Subd. 13 Renewal applications 6.45 Subd. 3 Required 6.45 Subd. 1 Restricted hours of operation; minors 6.45 Subd. 10 PEACE OFFICERS Code definitions 1.02 PEDDLERS, CANVASSERS AND SOLICITORS Solicitors Definitions 6.36 Subd. 3 Prohibited solicitation practices 6.36 Subd. 4 Purpose 6.36 Subd. 1 Registration 6.36 Subd. 5 Scope of application 6.36 Subd. 2 PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE PERFORMANCE STANDARDS Certain motorized vehicles permitted on boulevards... 7.12 Subd. 4 PERFORMANCES. See: SHOWS CDi:40 • • • • • CODE INDEX Section PERMITS. See: LICENSES AND PERMITS PERSONS Code definitions 1.02 Pawnshop license requirements 6.45 Subd. 12 PET SHOPS Definition 6.43 Subd. 1 Diseased animals 6.43 Subd. 3 License Required 6.43 Subd. 2 Restrictions and regulations 6.43 Subd. 4 Zoning 6.43 Subd. 5 PETTY MISDEMEANORS Code definitions 1.02 PHYSICALLY HANDICAPPED PERSONS Parking regulations 9.16 PIPELINE ORDINANCE Listing of uncoded ordinances in effect. See Chapter 25 PLANNING AND DEVELOPMENT Advisory planning commission Establishment 2.51 Subd. 1 Powers and duties 2.51 Subd. 2 Emergency preparedness plan 2.77 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Planning and zoning department Established 2.36 Planning commission Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) PLATS. See: SURVEYS, MAPS AND PLATS PLUMBING Plumbing code Water service to comply with 3.20 Subd. 11 POLICE DEPARTMENT Code definitions 1.02 Dancehalls Officer may attend public dances 6.31 Subd. 9 Designated and established 2.31 POLLUTION Air pollution control Noise pollution regulations CDi:41 10.41 10.42 EAGAN CODE Section PONTOONS AND FLOATING RAFTS Rules and regulations governing 10.24 Subd. 6 POOLS. See: SWIMMING POOLS PREMISES. See also: PROPERTY Code definitions 1.02 PRIVATE PARKING LOTS Alcoholic beverages, consumption and possession of on private parking lots to which public has access.... 5.16 PRIVATE PROPERTY. See: PROPERTY PROCESSIONS Parades 7.07 PROPERTY Building numbers 2.78 Code definitions 1.02 Excess property, disposal of Declaration of surplus and authorizing sale of prop- erty 2.70 Subd. 3.A Receipts from sales of surplus property 2.70 Subd. 3.E Surplus property with a total estimated value be- tween $100.00 and $500.00 4.70 Subd. 3.0 Surplus property with a total estimated value of less than $100.00 2.70 Subd. 3.B Surplus property with a total estimated value over $500.00 2.70 Subd. 3.D Fire department 2.32 Junk cars, furniture, household furnishings and appli- ances stored on public or private property 10.51 Obstructions on public property 10.32 Persons who may not purchase; exception 2.70 Subd. 4 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trees and grass on private property, planting and maintenance of 10.21 Unclaimed property, disposal of Definitions 2.70 Subd. 2.A Fund and claims thereon 2.70 Subd. 2.D Notice and sale 2.70 Subd. 2.0 Preliminary notice 2.70 Subd. 2.B PROSTITUTES Dancehalls Not to admit certain persons 6.31 Subd. 8 PROTECTIVE INSPECTIONS DEPARTMENT Established 2.35 CDi:42 • • • • • I. • CODE INDEX PUBLIC BUILDINGS, PLACES, ETC. Alcoholic beverages in certain buildings and grounds Streets and sidewalks See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS PUBLIC HEARINGS. See: HEARINGS PUBLIC PROPERTY. See: PROPERTY Section 5.17 7.01 et seq. PUBLIC PROTECTION, CRIMES AND OFFENSES Abandoning a motor vehicle 10.50 Advertising Paraphernalia, advertising prohibited 10.34 Air pollution control 10.41 Alarms Fire, burglary and safety alarm regulations and requirements 10.43 Amusement places, entertainment or refreshment Curfew regulations 10.30 Subd. 4 Animals and fowl Animals in transit 10.12 Subd. 3 Carrier pigeons, harboring 10.12 Subd. 7 Definitions 10.12 Subd. 1 Housing 10.12 Subd. 5 Keeping 10.12 Subd. 2 Parks, animals in 10.23 Subd. 3 Treatment 10.12 Subd. 4 Trespasses - 10.12 Subd. 6 Bites Animal bites 10.11 Subd. 10.B Boating and related water activities within the city Disturbance 10.24 Subd. 3 Exceptions 10.24 Subd. 2 General 10.24 Subd. 1 Ice fishing houses 10.24 Subd. 4 Pontoons and floating rafts 10.24 Subd. 6 Rules and regulations governing 10.24 Seasonal docks 10.24 Subd. 5 State laws, adoption of 10.24 Subd. 7 Bows and arrows Use of 10.10 Subd. 8 Carrier pigeons Harboring 10.12 Subd. 7 Certain ordinances not affected by Code 1.14 Subd. 1.A City employees Park regulations 10.23 Subd. 7 Code definitions 1.02 Curfew Exceptions 10.30 Subd. 5 Minors under the age of 16 10.30 Subd. 1 CDi:43 EAGAN CODE Section PUBLIC PROTECTION, CRIMES AND OFFENSES-Cont'd. Minors who are 16 or 17 years of age 10.30 Subd. 2 Parents and guardians 10.30 Subd. 3 Places of amusements, entertainment or refreshment 10.30 Subd. 4 Dangerous dogs 10.11 Subd. 7 Dangerous weapons and articles Acts prohibited 10.10 Subd. 3 Bows and arrows, use of 10.10 Subd. 8 Carrying and transporting of firearms 10.10 Subd. 5 Definitions 10.10 Subd. 1 Exception 10.10 Subd. 4 Firearms regulation 10.10 Subd. 2 Fireworks Possession and sale of 10.10 Subd. 6 Unused container, exposure of 10.10 Subd. 7 Discrimination in parks 10.23 Subd. 8 Dog and cat regulation and dog licensing Animal pound records 10.11 Subd. 5 Dangerous dogs 10.11 Subd. 7 Definition 10.11 Subd. 1 Disposition of certain animals 10.11 Subd. 8 Disposition of impounded dogs and cats 10.11 Subd. 4 Dog license required 10.11 Subd. 3 Immobilization of dogs or cats 10.11 Subd. 9 Public nuisance 10.11 Subd. 6 Rabies control 10.11 Subd. 10 Running at large prohibited 10.11 Subd. 2 Drug paraphernalia Civil forfeiture 10.34 Subd. 3 Definitions 10.34 Subd. 1 Possession, manufacture, delivery and advertise- ment prohibited 10.34 Prohibitions 10.34 Subd. 2 Dumping on public property 10.32 Subd. 3 Equipment Parks and recreation areas, unlawful acts 10.23 Subd. 5 Fire, burglary and safety alarm regulations and require- ments Definitions 10.43 Subd. 2 Purpose 10.43 Subd. 1 Regulations and requirements 10.43 Subd. 3 Schedule of payment rates 10.43 Subd. 4 Fire danger Storage, deposit and disposal of refuse 10.01 Subd. 4 Fire lane Signage requirements 10.40 Subd. 5 Firearms and weapons Parks and recreation areas, unlawful acts 10.23 Subd. 4 • • CDi:44 • • • CODE INDEX Section PUBLIC PROTECTION, CRIMES AND OFFENSES-Cont'd. Fires Minnesota Uniform Fire Code 10.40 Obstructions on public property 10.32 Subd. 2 Fireworks Parks and recreation areas, unlawful acts 10.23 Subd. 4 Possession and sale of fireworks 10.10 Subd. 6 Fowl. See herein: Animals and Fowl Ice fishing houses 10.24 Subd. 4 Individual sewer systems, maintenance of 10.03 Junk cars, furniture, household furnishings and appli- ances stored on public or private property 10.51 Lawn establishment and maintenance 10.21 Subd. 2 Licenses Dog and cat regulation and dog licensing 10.11 Minnesota Uniform Fire Code Adoption 10.40 Subd. 1 Definitions 10.40 Subd. 3 Enforcement 10.40 Subd. 2 Fire lane signage requirements 10.40 Subd. 5 New materials, processes or occupancies which may require permits 10.40 Subd. 4 Minors Curfew regulations 10.30 Mobile homes and recreational camping vehicles, pro- hibited use and parking of Definitions 10.52 Subd. 1 Unlawful acts 10.52 Subd. 2 Motor vehicles Abandoning a motor vehicle 10.50 Noise pollution regulations Adoption of regulations 10.42 Subd. 1 Alterative remedy 10.42 Subd. 3 Unlawful acts 10.42 Subd. 2 Noisy parties or gatherings Abatement 10.31 Subd. 2 Participation 10.31 Subd. 1 Nuisances Shade trees Abatement of nuisances 10.20 Subd. 6 Obstructions on public property Condition 10.32 Subd. 7 Continuing violations 10.32 Subd. 6 Dumping on public property 10.32 Subd. 3 Fires 10.32 Subd. 2 Generally 10.32 Subd. 1 Signs and other structures 10.32 Subd. 4 Snow or ice on public property 10.32 Subd. 5 CDi:45 EAGAN CODE Section PUBLIC PROTECTION, CRIMES AND OFFENSES-Cont'd. Parents and guardians Curfew regulations 10.30 Subd. 3 Parties Noisy parties or gatherings 10.31 Penalties for each offense 1.09 Penalties for specific acts, omissions, violations, etc See specific subjects as indexed Pontoons and floating rafts 10.24 Subd. 6 Private property Planting and maintenance of trees and grass on 10.21 Public nuisances Dogs and cats 10.11 Subd. 6 Public parks and recreation areas, rules and regula- tions governing City employees 10.23 Subd. 7 Discrimination in parks 10.23 Subd. 8 Rules and regulations 10.23 Subd. 6 Unlawful acts (animals in the park) 10.23 Subd. 3 Unlawful acts (equipment) 10.23 Subd. 5 Unlawful acts (general rules) 10.23 Subd. 1 Unlawful acts (hours and conduct) 10.23 Subd. 2 Unlawful acts (weapons and fireworks) 10.23 Subd. 4 Public property Obstructions on 10.32 Rabies control Dogs and cats 10.11 Subd. 10 Refuse storage, deposit and disposal Definitions 10.01 Subd. 1 Deposit 10.01 Subd. 3 Disposal 10.01 Subd. 5 Fire danger 10.01 Subd. 4 Joint management hauling contracts 10.06 Subd. 6 Storage 10.01 Subd. 2 Running at large Dog and cat regulation 10.11 Subd. 2 Seasonal docks 10.24 Subd. 5 Sewer systems Individual sewer systems, maintenance of 10.03 Shade tree disease control and prevention Abatement of nuisance 10.20 Subd. 6 Definitions 10.20 Subd. 2 Diseased trees in streets 10.20 Subd. 11 Inspection, diagnosis and abatement 10.20 Subd. 5 Interference prohibited 10.20 Subd. 10 Policy and purpose 10.20 Subd. 1 Procedure for removal of infected trees and wood10.20 Subd. 7 Scope and adoption by reference 10.20 Subd. 3 Spraying trees 10.20 Subd. 8 CDi:46 • • • • • • CODE INDEX Section PUBLIC PROTECTION, CRIMES AND OFFENSES—Cont'd. Subsidies 10.20. Subd. 12 Transporting wood prohibited 10.20 Subd. 9 Unlawful act 10.20 Subd. 4 Signs and other structures Obstructions on public property 10.32 Subd. 4 Snow or ice on public property 10.32 Subd. 5 Stalking and harassing behavior Definitions 10.35 Subd. 2 Stalking prohibited 10.35 Subd. 1 Unlawful acts 10.35 Subd. 3 Streets Diseased trees in streets 10.20 Subd. 11 Toilet installation required 10.02 Trapping prohibited; exceptions Definitions 10.13 Subd. 1 Exceptions 10.13 Subd. 3 Unlawful acts 10.13 Subd. 2 Trees and grass on private property, planting and maintenance of City to control tree planting 10.21 Subd. 3 City to perform work 10.21 Subd. 5 Lawn establishment and maintenance 10.21 Subd. 2 Purpose and application 10.21 Subd. 1 Shade tree diseases 10.21 Subd. 4 Trespasses Animals and fowl housing 10.12 Subd. 6 Violation a misdemeanor or a petty misdemeanor 1.03, 2.99, 10.99 Wetland conservation statutes and regulations, compli- ance with 10.25 PUBLIC SAFETY OFFICERS Code definitions 1.02 PUBLIC UTILITIES. See: UTILITIES PUBLIC WAYS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS PUBLIC WORKS AND IMPROVEMENTS Grass, weeds, trees and landscaping on streets City may order work done Listing of uncoded ordinances in effect. See Chapter 25 Public works department Established Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) CDi:47 7.08 Subd. 5 2.34 EAGAN CODE Section PURCHASES AND PURCHASING City administrator's duties 2.09 Subd. 4.F R RABIES CONTROL Dogs and cats 10.11 Subd. 10 RADIO OR TV TOWERS Placement, erection and maintenance of wind energy conversion systems and radio or TV towers 4.50 RAILROADS AND TRAINS Streets Limiting time of railway -street crossing obstruction 7.09 RECORDS AND REPORTS Animal pound records 10.11 Subd. 5 RECREATIONAL CAMPING VEHICLES Parking regulations 9.03 Prohibited use and parking of 10.52 RECREATIONAL MOTOR VEHICLES. See also: MO- TOR VEHICLES AND TRAFFIC Rules and regulations 8.07 REFRESHMENT PLACES Curfew regulations re minors 10.30 Subd. 4 REFUNDS Local lodging tax 2.80 Subd. 5 REGISTRATION Solicitors 6.36 Subd. 5 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.R REMOVALS City administrator 2.09 Subd. 2 REPAIRS Street openings or excavations 7.06 Subd. 5 REPORTS. See: RECORDS AND REPORTS RESIDENTIAL DISTRICTS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) REVENUES OF CITY. See: FINANCES RIGHTS Certain ordinances not affected by Code 1.14 Subd. 1 ROADWAYS Code definitions 1.02 CDi:48 • • CODE INDEX Section ROOMINGHOUSES Local lodging tax 2.80 RUBBISH. See: GARBAGE AND TRASH RUNNING AT LARGE Dogs and cats 10.11 Subd. 2 RUNNING GEAR Trailer coach park construction, design and operation requirements 4.40 Subd. 4.S SAFETY ALARMS Regulations and requirements 10.43 SALARIES. See: OFFICERS AND EMPLOYEES SALES Parking for purpose of selling merchandise 9.15 SANITATION. See: HEALTH AND SANITATION SCHOOLS Alcoholic beverages in certain buildings and grounds5.17 SEASONAL DOCKS Rules and regulations governing 10.24 Subd. 5 SERVICE PIPES Water services 3.20 Subd. 4 S SETBACKS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.E SEWERS AND SEWAGE DISPOSAL Individual sewer systems, maintenance of 10.03 Rules and regulations relating to sewer service 3.40 Sanitary sewer connection and availability charge 3.08 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Toilet installation requirements 10.02 Trailer coach park construction, design and operation requirements 4.40 Subd. 4.0 Utilities generally 3.01 et seq. See: UTILITIES SHADE TREES Disease control and prevention Definitions 10.20 Subd. 2 CDi:49 EAGAN CODE Section SHADE TREES-Cont'd. Diseased trees in streets 10.20 Subd. 11 Inspection, diagnosis and abatement 10.20 Subd. 5 Interference prohibited 10.20 Subd. 10 Nuisance abatement 10.20 Subd. 6 Policy and purpose 10.20 Subd. 1 Procedure for removal of infected trees and wood10.20 Subd. 7 Scope and adoption by reference 10.20 Subd. 3 Spraying trees 10.20 Subd. 8 Subsidies 10.20 Subd. 12 Transporting wood prohibited 10.20 Subd. 9 Unlawful acts 10.20 Subd. 4 SHALL Code definitions 1.02 SHOPPING CENTER DISTRICTS Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) 11.01 et seq. SHOWS License Exceptions 6.32 Subd. 2 Required 6.32 Subd. 1 Obscenity prohibited 6.32 Subd. 4 SHRUBBERY. See: TREES AND SHRUBBERY SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS SIGNATURES Facsimile signatures 2.08 SIGNS AND BILLBOARDS Fire lane signage requirements 10.40 Subd. 5 Placement, erection and maintenance of signs Building -mounted business signs, standards 4.20 Subd. 5 Exemptions 4.20 Subd. 7 Freestanding business signs, standards 4.20 Subd. 6 General sign standards 4.20 Subd. 3 Nonconforming signs 4.20 Subd. 8 Off -premises signs 4.20 Subd. 4 Permitted uses 4.20 Subd. 2 Purpose, construction and definitions 4.20 Subd. 1 Removal 4.20 Subd. 10 Sign permits and fees 4.20 Subd. 9 Public property, signs and other structures on 10.32 Subd. 4 Rules and regulations governing public parks and rec- reation areas 10.23 Subd. 1.G Streets, obstructions in 7.05 Subd. 4 CDi:50 • • • • • • CODE INDEX Section SINGLE-FAMILY HOUSING AND MULTIFAMILY HOUS- ING DEVELOPMENTS Listing of uncoded ordinances in effect. See Chapter 25 SMOKING Dancehalls Smoking or consumption of alcoholic beverages 6.31 Subd. 11 Tobacco 6.34 SNOW Public property, snow on 10.32 Subd. 5 Streets, obstructions in 7.05 Subd. 5 SNOWMOBILES Rules and regulations 8.06 Traffic regulations 8.01 et seq. See: MOTOR VEHICLES AND TRAFFIC SOIL. See: DIRT, CLAY OR SOIL SOLICITING Rules and regulations governing public parks and rec- reation areas SOLICITORS. See: PEDDLERS, CANVASSERS AND SOLICITORS 10.23 Subd. 1.E SPECIAL ASSESSMENTS Deferment of special assessments 2.75 Partial prepayment of special assessments Payment 2.76 Subd. 2 Scope 2.76 Subd. 1 Policy 2.74 SPECIAL SERVICE DISTRICT NO. 1 Area included within special service district No. 1 14.01 Subd. 4 Payment for services 14.01 Subd. 3 Purpose 14.01 Subd. 1 Services the district may provide 14.01 Subd. 2 SPEED LIMITS Trailer coach park construction, design and operation requirements 4.40 Subd. 4.I SPORT FACILITIES Alcoholic beverage license regulation 5.56 Paintball sport facility 6.46 SPRINKLERS AND SPRINKLING Restricted hours for sprinkling 3.20 Subd. 6 STABLES Definition 6.41 Subd. 1 License Required 6.41 Subd. 2 Restrictions and regulations 6.41 Subd. 3 CDi:51 EAGAN CODE STALKING AND HARASSING BEHAVIOR Definitions Stalking prohibited Unlawful act STATE Boating and related water activities within the city, rules and regulations governing, adoption of state laws Code definitions Minnesota Uniform Fire Code Snowmobiles Certain statutes adopted Traffic Minnesota Statutes, chapters 168,169 and 171 adopted by reference STORAGE Junk cars, furniture, household furnishings and appli- ances stored on public or private property Refuse Trailer coach parks Storing of trailers Vehicle storage Trailer coach park construction, design and operation requirements STORMWATER DRAINAGE Connection and availability charge Utilities See: UTILITIES STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Abandoning a motor vehicle Alcoholic beverages, consumption and possession of on Application of provisions Building numbers Certain motorized vehicles permitted on boulevards City vehicles Construction vehicles Performance standards Public utility maintenance vehicles Regulation Certain ordinances not affected by Code Code definitions Council Parades, council action Traffic and parking control action Curb and gutter, street and sidewalk painting or color- ing Damaging or moving traffic markings Definitions CDi:52 Section 10.35 Subd. 2 10.35 Subd. 1 10.35 Subd. 3 10.24 Subd. 7 1.02 10.40 8.06 Subd. 2 8.01 10.51 10.01 4.40 Subd. 2 4.40 Subd. 4.Q 3.07 3.01 et seq. 10.50 5.16 7.02 2.78 7.12 Subd. 3 7.12 Subd. 2 7.12 Subd. 4 7.12 Subd. 1 7.12 1.14 Subd. 1.E, J 1.02 7.07 Subd. 4 7.04 Subd. 1 7.10 7.04 Subd. 5 7.01 • • • • • CODE INDEX STREETS, SIDEWALKS AND OTHER PUBLIC WAYS-Cont'd. Dirt, clay or soil onto streets, tracking Diseased trees in streets Dumping in streets Excavations and fills Excavations. See herein: Street Openings or Excava- tions Garbage, refuse and recycling haulers Grass, weeds, trees, and landscaping, regulation of Assessment City may order work done City to control landscaping and irrigation Duty of property owners to establish and maintain turfgrass within street rights -of -way Trees within street rights -of -way, duty of property owners to maintain Investigations Parades Irrigation City to control Junk cars, furniture, household furnishings and appli- ances stored on public or private property Motorized vehicles prohibited on boulevards and side- walks Obstructions in streets Condition Continuing violation Dumping in streets Fires Generally Limiting time of railway -street crossing obstruction Signs and other structures Snow or ice in roadway or on a sidewalk, placing Tracking dirt, clay or soil into streets Orders of officers Painting or coloring curb and gutter, street and side- walk Parades Council action Definition Exceptions Investigation Permit Required Unlawful acts Parking Generally See: MOTOR VEHICLES AND TRAFFIC Streets without curb CDi:53 Section 7.05 Subd. 5.1 10.20 Subd. 11 7.05 Subd. 3 4.30 6.37 7.08 Subd. 6 7.08 Subd. 5 7.08 Subd. 1 7.08 Subds. 2, 3 7.08 Subd. 4 7.07 Subd. 3 7.08 Subd. 1 10.51 7.11 7.05 Subd. 7 7.05 Subd. 6 7.05 Subd. 3 7.05 Subd. 2 7.05 Subd. 1 7.09 7.05 Subd. 4 7.05 Subd. 5 7.05 Subd. 5.1 7.03 Subd. 2 7.10 7.07 Subd. 4 7.07 Subd. 1 7.07 Subd. 6 7.07 Subd. 3 7.07 Subd. 2 7.07 Subd. 5 9.01 et seq. 9.07 EAGAN CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC WAYS-Cont'd. Permits Parades 7.07 Subd. 2 Street openings or excavations 7.06 Subd. 4 Public works department 2.34 Railway -street crossing obstruction, limiting time of 7.09 Regulation of landscaping 7.08 Repairs Street openings or excavations 7.06 Subd. 5 Scope of provisions 7.03 Subd. 1 Sidewalks Trailer coach park construction, design and operation requirements 4.40 Subd. 4.G Signs and other structures Obstructions in streets 7.05 Subd. 4 Snow or ice in roadway or on a sidewalk, placing 7.05 Subd. 5 Street lighting system Costs 3.60 Subd. 3 Location 3.60 Subd. 2 Procedure 3.60 Subd. 4 Purpose 3.60 Subd. 1 Street openings or excavations Alternate method of charging 7.06 Subd. 7 Application 7.06 Subd. 1 Cost adjustment 7.06 Subd. 6 Investigation and payment of estimated costs 7.06 Subd. 2 Issuance of permit 7.06 Subd. 4 Protection of city in public 7.06 Subd. 3 Repairs 7.06 Subd. 5 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Traffic and parking control Boulevards and sidewalks, motorized vehicles prohib- ited on 7.11 Certain motorized vehicles permitted on boulevards 7.12 Council action 7.04 Subd. 1 Damaging or moving markers 7.04 Subd. 5 Parking restrictions and prohibitions 7.04 Subd. 4 Temporary restrictions 7.04 Subd. 2 Traffic restrictions and prohibitions 7.04 Subd. 3 Trees Regulation of trees 7.08 Truck routes designated 8.02 Vehicle repair on street 9.14 Violation a misdemeanor or petty misdemeanor 7.99 Weeds Regulation of grass, weeds, trees and landscaping7.08 CDi:54 • • • • • CODE INDEX SUBDIVISION REGULATIONS (PLATTING) Administration and enforcement Application procedures and approval process Final plats Requirements prior to final plat approval Signing and recording of final plat Staff review General procedure Petitions Preliminary plats General design Technical design Blocks Design standards Board of adjustment and appeals Functions of advisory planning commission and coun- cil Generally Members Procedures and organization of board of appeals and adjustments Building locations and elevations Design standards Building permits Prior to public and private services Conflict with public and private provisions Council vote Data and design standards Blocks Building locations and elevations Easements Environmental protection Final plats Lots Preliminary plats General design submission Technical design submission Public and park spaces Required improvements Sidewalks and trailways Solar access Street design standards Underground utilities Vegetation including trees, shrubs, hedges, etc Dedications Public rights -of -way Required improvements Definitions Design standards. See herein: Data and Design Stan- dards CDi:55 Section 13.40 13.10 Subd. 5.A 13.10 Subd. 5.0 13.10 Subd. 5.B 13.10 Subd. 1 13.10 Subd. 2 13.10 Subd. 3 13.10 Subd. 4 13.30 Subd. 7 13.40 Subd. 2.B 13.40 Subd. 2 13.40 Subd. 2.A 13.40 Subd. 2.0 13.30 Subd. 9 13.20 Subd. 14 13.03 Subd. 2 13.20 Subd. 11 13.30 Subd. 7 13.30 Subd. 9 13.30 Subd. 6 13.30 Subd. 13 13.30 Subd. 3 13.30 Subd. 8 13.30 Subd. 1 13.30 Subd. 2 13.30 Subd. 10 13.30 Subd. 15 13.30 Subd. 5 13.30 Subd. 12 13.30 Subd. 4 13.30 Subd. 14 13.30 Subd. 11 13.30 Subd. 15.I 13.04 EAGAN CODE Section SUBDIVISION REGULATIONS (PLATTING)-Cont'd. Driveway approaches Required improvements 13.30 Subd. 15.F E asements Design standards 13.30 Subd. 6 Enforcing officers 13.40 Subd. 1 Environmental protection Design standards 13.30 Subd. 13 Fees 13.20 Subd. 10, 13.40 Subd. 5 Final plats Data and design standards 13.30 Subd. 3 Findings related to preliminary and final plats 13.20 Subd. 6 General requirements 13.40 Subd. 4 Grading of site prior to final plat 13.20 Subd. 2 Requirements prior to approval 13.10 Subd. 5.A Signing and recording of 13.10 Subd. 5.0 Staff review 13.10 Subd. 5.B Floodplain requirements Preliminary plat compliance with 13.20 Subd. 18 General provisions 13.20 Grading Required improvements 13.30 Subd. 15.H Site prior to final plat 13.20 Subd. 2 Hearings Preliminary plat 13.10 Subd. 3.0 Improvements Required improvements 13.30 Subd. 15 Interpretation 13.03 Subd. 1 Jurisdiction Building permits, requirement for 13.02 Subd. 3 Council waiver 13.02 Subd. 2 Filing of conveyance of land 13.02 Subd. 1 Landlocked parcels 13.20 Subd. 9 Lots Design standards 13.30 Subd. 8 Lots of record Consolidation of 13.20 Subd. 16 Division of 13.20 Subd. 17 Model homes 13.20 Subd. 1 Monuments Required improvements 13.30 Subd. 15.A Noise abatement 13.20 Subd. 15 Payment for public improvements Required improvements 13.30 Subd. 15.G Petitions Preliminary and final plats 13.40 Subd. 4.B Preliminary plat 13.10 Subd. 3.A Variances and waivers 13.40 Subd. 3.B Planned developments 13.20 Subd. 12 CDi:56 • • • • • CODE INDEX SUBDIVISION REGULATIONS (PLATTING)-Cont'd. Planning commission Variances and waivers Plats Application procedures and approval process Approval without variances Findings related to preliminary and final plats Platting additions Preliminary plats Effective period of approval Findings related to preliminary and final plats Floodplain requirements, compliance with General design General design submission General requirements Technical design Technical design submission Private ownership of multiple dwelling lots Public and park spaces Design standards Public hearings Preliminary and final plats Public uses Parks, trailways, recreational areas, ponding areas and other public uses Title and survey requirements Purpose Sanitary sewer system Required improvements Saving provision Sidewalks and trailways Design standards Site grading prior to final plat Solar access Design standards Street lighting Required improvements Streets Design standards Trees Required improvements Under utilities Design standards Utility improvements Required improvements Variances Denial Issuance Lapse of variance Petition CDi:57 Section 13.40 Subd. 3 13.10 13.20 Subd. 13 13.20 Subd. 6 13.20 Subd. 7 13.20 Subd. 3 13.20 Subd. 6 13.20 Subd. 18 13.10 Subd. 3 13.30 Subd. 1 13.40 Subd. 4 13.10 Subd. 4 13.30 Subd. 2 13.20 Subd. 5 13.30 Subd. 10 13.40 Subd. 4.0 13.20 Subd. 8.A 13.20 Subd. 8.B 13.01 13.30 Subd. 15.B 13.03. Subd. 4 13.30 Subd. 5 13.20 Subd. 2 13.30 Subd. 12 13.30 Subd. 15.D 13.30 Subd. 4 13.30 Subd. 15.E 13.30 Subd. 14 13.30 Subd. 15.B 13.40 Subd. 3.F 13.40 Subd. 3.D 13.40 Subd. 3.G 13.40 Subd. 3.B EAGAN CODE Section SUBDIVISION REGULATIONS (PLATTING)—Cont'd. Planning commission, referral to 13.40 Subd. 3.E Plat approval without variances 13.20 Subd. 13 Purpose 13.40 Subd. 3.A Referral to advisory planning commission 13.40 Subd. 3.0 Vegetation including trees, shrubs, hedges, etc. Design standards 13.30 Subd. 11 Violation a misdemeanor 13.99 Waivers. See herein: Variances Water systems Required improvements 13.30 Subd. 15.B Zoning regulations 13.20 Subd. 4 CDi:58 • • • • • CODE INDEX Section SUCCESSION Interim emergency succession 2.10 SUNDAYS Alcoholic beverages Sunday sales SURETY BONDS. See: BONDS, SURETY OR PERFOR- MANCE 5.54 SURVEYS, MAPS AND PLATS Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Subdivision regulations (platting) 13.01 et seq. See: SUBDIVISION REGULATIONS (Platting) SWIMMING POOLS Outdoor swimming pools T 4.70 TAXATION Certain ordinances not affected by Code 1.14 Subd. 1.G Local lodging tax 2.80 TECHNICAL CODES Building code adopted Minnesota Uniform Fire Code 4.01 10.40 TENSE Code definitions 1.02 TESTS AND TESTING Municipal utilities Meter test 3.05 Subd. 6 TIEDOWNS Trailer coach park construction, design and operation requirements 4.40 Subd. 4.M TOBACCO Definitions 6.34 Subd. 1 License Conditions of license 6.34 Subd. 3 Required 6.34 Subd. 2 Suspension or revocation 6.34 Subd. 4 TOILETS Installation requirements 10.02 TOURIST CABINS Local lodging tax 2.80 TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC CDi:59 EAGAN CODE Section TRAILER COACH PARKS Construction and maintenance of Purpose, construction and definitions 4.40 Subd. 1 Storing of trailers 4.40 Subd. 2 Suspension 4.40 Subd. 5 Trailer coach park Construction, design and operation requirements . 4.40 Subd. 4 Permits 4.40 Subd. 3 TRAILERS, TRUCKS Parking regulations 9.10 TRAILS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS TRAINS. See: RAILROADS AND TRAINS TRAPPING Prohibited; exceptions 10.13 TRASH. See: GARBAGE AND TRASH TREASURER. See: CITY CLERK -TREASURER TREE MAINTENANCE CONTRACTORS License Application 6.44 Subd. 1 Application form 6.44 Subd. 2 Bond 6.44 Subd. 4 Chemical treatment requirements 6.44 Subd. 6 Fees 6.44 Subd. 7 Liability insurance 6.44 Subd. 3 Workers' compensation insurance 6.44 Subd. 5 TREES AND SHRUBBERY Private property Planting and maintenance of trees and grass on 10.21 Shade tree disease control and prevention 10.20 Streets, regulation of trees 7.08 TRESPASSES Animal regulations 10.12 Subd. 6 TRUCK ROUTES Designated 8.02 TRUCKS Parking regulations 9.10 U UTILITIES Contractual contents 3.04 Definitions 3.01 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) CDi:60 • • • • • • CODE INDEX Section UTILITIES-Cont'd. Liens Municipal utility services and charges a lien 3.05 Subd. 8 Municipal utilities Application, connection and sale of service 3.05 Subd. 2 Billing, payment and delinquency 3.05 Subd. 1 Discontinuance of service 3.05 Subd. 3 Fixing rates and charges for 3.02 Meter test 3.05 Subd. 6 Municipal utility services and charges a lien 3.05 Subd. 8 Ownership of municipal utilities 3.05 Subd. 4 Right of entry 3.05 Subd. 5 Unlawful acts 3.05 Subd. 7 Protective inspections department 2.35 Public maintenance vehicles permitted on boulevards7.12 Subd. 1 Public utilities Fixing rates and charges for 3.03 Sanitary sewer connection and availability charge Adjustments 3.08 Subd. 3 Billings 3.08 Subd. 5 Collections 3.08 Subd. 7 Exemptions 3.08 Subd. 4 Purpose of funds derived and allocation of revenue 3.08 Subd. 1 Recalculation of fees 3.08 Subd. 6 Sanitary sewer utility fee 3.08 Subd. 2 Sewer service Additional rules and regulations 3.40 Subd. 8 Connections 3.40 Subd. 9 Definitions _ 3.40 Subd. 1 Deleterious substances 3.40 Subd. 4 Industrial wastes, classification of 3.40 Subd. 3 Metered water not discharged 3.40 Subd. 2 Rules and regulations relating to 3.40 Size, kind and depth of pipe 3.40 Subd. 7 Unlawful discharge 3.40 Subd. 5 Unmetered water supply 3.40 Subd. 6 Stormwater drainage connection and availability charge Adjustments 3.07 Subd. 4 Billings 3.07 Subd. 6 Collections 3.07 Subd. 8 Exemptions 3.07 Subd. 5 Purpose of funds derived and allocation of revenue 3.07 Subd. 2 Recalculation of fees 3.07 Subd. 7 Storm sewer utility fee 3.07 Subd. 3 Stormwater drainage utility 3.07 Subd. 1 Street lighting system Costs 3.60 Subd. 3 Location 3.60 Subd. 2 Procedure 3.60 Subd. 4 Purpose 3.60 Subd. 1 CDi:61 EAGAN CODE Section UTILITIES—Cont'd. Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.D Violation a misdemeanor 3.99 Water connection and availability charge Adjustments 3.06 Subd. 3 Billings 3.06 Subd. 5 Collections 3.06 Subd. 7 Exemptions 3.06 Subd. 4 Purpose of funds derived and allocation of revenue 3.06 Subd. 1 Recalculation of fees 3.06 Subd. 6 Water utility fee 3.06 Subd. 2 Water service Abandoned services penalties 3.20 Subd. 3 Additional rules and regulations 3.20 Subd. 12 Code requirement 3.20 Subd. 11 Deficiency of water and shutting off water 3.20 Subd. 1 Private fire hose connections 3.20 Subd. 7 Private water supplies 3.20 Subd. 5 Repair of leaks 3.20 Subd. 2 Restricted hours for sprinkling 3.20 Subd. 6 Rules and regulations relating to 3.20 Service pipes 3.20 Subd. 4 Unmetered service 3.20 Subd. 9 Water hydrant use 3.20 Subd. 8 Water meters 3.20 Subd. 10 UTILITY BUILDINGS Trailer coach park construction, design and operation requirements 4.40 Subd. 4.J V VARIANCES Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Wind energy conversion systems and radio or TV tow- ers, placement, erection and maintenance of VEHICLES. See: MOTOR VEHICLES AND TRAFFIC 4.50 Subd. 7 VIOLATIONS Code definitions 1.02 W WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES WATER HYDRANTS Use 3.20 Subd. 8 • • CDi:62 CODE INDEX Section WATER SUPPLY AND DISTRIBUTION Rules and regulations relating to water service 3.20 Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) Trailer coach park construction, design and operation requirements 4.40 Subd. 4.0 Utilities 3.01 et seq. See: UTILITIES WATERCRAFT. See: BOATS AND BOATING WATERWAYS AND WATERCOURSES Park and recreation area regulations re boats or other watercraft Rules and regulations governing boating and related water activities WEAPONS. See: FIREARMS AND WEAPONS 10.13 Subd. 5 10.24 WEEDS AND BRUSH Regulation of weeds on streets 7.08 WETLAND CONSERVATION Compliance with wetland conservation statutes and regulations 10.25 WIND ENERGY CONVERSION SYSTEMS AND RADIO OR TV TOWERS Abandoned towers; removal 4.50 Subd. 6 Conditional use - 4.50 Subd. 2 Existing systems 4.50 Subd. 8 Insurance 4.50 Subd. 4 Placement, erection and maintenance of 4.50 Purpose, construction and definitions 4.50 Subd. 1 Requirements and specifications 4.50 Subd. 3 Towers 4.50 Subd. 5 Variances 4.50 Subd. 7 WINE Licensing and regulation 5.01 et seq. See: ALCOHOLIC BEVERAGES On -sale wine 5.70 et seq. See: ALCOHOLIC BEVERAGES WINTER Winter season parking 9.09 WORKERS' COMPENSATION Alcoholic beverage licensee regulation 5.18 City offices 2.12 Subd. 2 Contractors 2.12 Subd. 1 License regulations 6.12 Tree maintenance contractors' licensing 6.44 Subd. 5 CDi:63 EAGAN CODE Section WRITTEN AND IN WRITING Code definitions 1.02 Y YARDS AND OPEN SPACES Land use regulations (zoning) See: LAND USE REGULATIONS (Zoning) Subdivision regulations in general. See: SUBDIVI- SION REGULATIONS (Platting) 11.01 et seq. ZONING Golf driving range, zoning requirements 6.42 Subd. 4 Kennels 6.38 Subd. 4 Land use regulations (zoning) 11.01 et seq. See: LAND USE REGULATIONS (Zoning) Pet shops, zoning regulations 6.43 Subd. 5 Planning and zoning department Established 2.36 CDi:64