Document - Historical information/data - Eagan City Ordinances as of June 21, 1994. - 1/1/1994Patch T/
Transfer Patch
(1TYCODE
Cityof
Eagan, Minnesota
•
•
FOREWORD
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 indicat-
ing the sequence in which they were adopted. They have also
been supplemented by other essential legislative 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 amend-
ment; (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.
MAYOR:
Beatta Blomquist
COUNCILMEN:
Thomas Egan
James A. Smith
Jerry Thomas
Theodore Wachter
CITY ADMINISTRATOR:
Thomas L. Hedges
CITY ATTORNEY:
Paul H. Hauge
CODIFIER:
Municipal Ordinance Codifiers, Inc.
•
•
•
ANALYSIS
Chapter Title Page
1 GENERAL PROVISIONS AND DEFINITIONS
APPLICABLE TO THE ENTIRE CITY CODE
INCLUDING PENALTY FOR VIOLATION 1
2 ADMINISTRATION AND GENERAL GOVERNMENT 6
3 MUNICIPAL AND PUBLIC UTILITIES - RULES
AND REGULATIONS, RATES, CHARGES AND
COLLECTIONS 38
4 CONSTRUCTION LICENSING, PERMITS AND
REGULATION, INCLUDING SIGNS,
EXCAVATIONS AND MOBILE HOME PARKS 61
5 BEER, WINE AND LIQUOR LICENSING
AND REGULATION 98
6 OTHER BUSINESS REGULATION AND
LICENSING 132
7 STREETS AND SIDEWALKS GENERALLY 174
8 TRAFFIC REGULATIONS 193
9 PARKING REGULATIONS 210
10 PUBLIC PROTECTION, CRIMES AND OFFENSES 226
11 LAND USE REGULATIONS (ZONING) 264
12 RESERVED 346-370
13 SUBDIVISION REGULATIONS (PLATTING) 371
14-24 RESERVED 421-706
25 LISTING OF UNCODED ORDINANCES
IN EFFECT 707
•
NOTICE TO USER
This volume contains all
City ordinances in effect
EXCEPT
Ordinances adopted after
Number 183, 2nd Series
dated June 21, 1994
For total accuracy the user should
inquire of the City Administrative
Offices as to ordinances not included
•
CITY OF EAGAN, MINNESOTA
MUNICIPAL ORDINANCE CODIFIERS of MN
1301 East 79th Street
Minneapolis, Minnesota 55425
•
SUB -ANALYSIS
•
•
•
Title page
CHAPTER 1 GENERAL PROVISIONS AND DEFINITIONS
APPLICABLE TO THE ENTIRE CITY CODE
INCLUDING PENALTY FOR VIOLATION 1
Sec. 1.01 Application 1
1.02 Definitions 1
1.03 Violation a Misdemeanor or a
Petty Misdemeanor 3
1.04 Otherwise Unlawful 3
1.05 Severability 3
1.06 Payment Into City Treasury of
Fines and Penalties 3
1.07 Meanings 3
1.08 Citation 4
1.09 Penalties For Each Offense 4
1.10 Titles 4
1.11 Reference to a Public Official 4
1.12-1.99 Reserved
CHAPTER 2 ADMINISTRATION AND GENERAL GOVERNMENT 6
Sec. 2.01 Authority and Purpose 6
2.02 Council Meetings - Time and Place . . 6
2.03 Special Meetings 6
2.04 Council Procedure at Regular Meetings 6-1
2.05 City Seal 7
2.06 Right to Administrative Appeal 7
2.07 Rules of Procedure for Appeals
and Other Hearings 7
2.08 Facsimile Signatures 7
2.09 City Administrator 7
2.10 Interim Emergency Succession 9
2.11 Salaries of Mayor and Councilmen. . . 10
2.12 Worker's Compensation 11
2.13 City Clerk -Treasurer 11
2.14 Mayoral Term of Office 11
2.15 Even -Year Election 11
2.16-2.29 Reserved
2.30 Departments Generally 12
2.31 Police Department 12
2.32 Fire Department 13
2.33 Legal Department 13
2.34 Public Works Department 13
a (7-1-94)
Title Page
Sec. 2.35 Protective Inspections Department. 14
2.36 Planning and Zoning Department . 14
2.37 Park and Recreation Department . 14
2.38 Issuance of Citations 14-1
2.39-2.49 Reserved
2.50 Advisory Commissions and Committees. . 15
2.51 Advisory Planning Commission 16
2.52 Advisory Parks, Recreation, and
Natural Resources Commission 16
2.53 Advisory Board of Adjustments and
Appeals 16
2.54-2.69 Reserved
2.70 Disposal of Abandoned Motor Vehicles,
Unclaimed Property and Excess
Property 17
2.71 Personnel Rules and Regulations. 21
2.72 Franchises 21
2.73 Absentee Ballot Counting Board . . 24
2.74 Special Assessment Policy 24
2.75 Deferment of Special Assessments 24
2.76 Partial Prepayment of Special
Assessments 25
2.77 Emergency Prepardedness Plan 25
2.78 Building Numbers 26
2.79 Community Investment Fund 26
2.80 Local Lodging Tax 27
2.81-2.98 Reserved
2.99 Violation a Misdemeanor 31
CHAPTER 3 MUNICIPAL AND PUBLIC UTILITIES -
RULES AND REGULATIONS, RATES,
CHARGES AND COLLECTIONS 38
Sec. 3.01 Definitions 38
3.02 Fixing Rates and Charges for
Municipal Utilities 38
3.03 Fixing Rates and Charges for
Public Utilities 38
3.04 Contractual Contents 39
3.05 Rules and Regulations Relating to
Municipal Utilities 39
3.06 Water. Connection and Availability
Charge 42
3.07 Storm Water Drainage Connection and
Availability Charge 42-1
3.08 Sanitary Sewer Connection and
Availability Charge 42-3
3.09-3.19 Reserved
b (7-1-94)
•
Title Page
Sec. 3.20 Rules and Regulations Relating
to Water Service 43
3.21-3.39 Reserved
3.40 Rules and Regulations Relating
to Sewerage Service 46
3.41-3.59 Reserved
3.60 Street Lighting System 49
3.61-3.98 Reserved
3.99 Violation a Misdemeanor 50
CHAPTER 4
CONSTRUCTION LICENSING, PERMITS AND
REGULATION, INCLUDING SIGNS,
EXCAVATIONS AND MOBILE SOME PARRS
61
Sec. 4.01 Building Code Adopted 61
4.02 Permit Fees 61
4.03 Building Permits Required 61-1
4.04-4.09 Reserved
4.10 Permits and Special Requirements
for Moving Buildings 62
4.11-4.19 Reserved
4.20 Placement, Erection and Maintenance
of Signs 64
Subd. 1 Purpose, Construction and
Definitions 64
Subd. 2 Permitted Uses 65
Subd. 3 General Sign Standards . 65
Subd. 4 Off -Premise Signs 66
Subd. 5 Building Mounted Business
Signs, Standards 67
Subd. 6 Free -Standing Business
Signs, Standards 67
Subd. 7 Exemptions 68
Subd. 8 Non -Conforming Signs . 69
Subd. 9 Sign Permits and Fees. 69
Subd. 10 Removal 69-1
Table "A" 69-2
4.21 (Repealed)
4.22-4.29 Reserved
c (7-1-94)
•
Title FaSg
Sec. 4.30 Excavations and Fills 70
4.31-4.39 Reserved
4.40 Construction and Maintenance of
Trailer Coach Parks
4.41-4.49 Reserved
4.50 Placement, Erection and Maintenance
of Wind Energy Conversion Systems
and Radio or TV Towers
4.51-4.59 Reserved
4.60 Construction Headquarters and
Material Storage Areas - Permitted
and Unlawful Act
4.61-4.69 Reserved
77
83
86-1
4.70 Outdoor Swimming Pool 88
4.71-4.98 Reserved
4.99 Violation a Misdemeanor 89
c-1 (7-1-94)
•
Title Page
• CHAPTER 5 BEER, WINE AND LIQUOR LICENSING
AND REGULATION 98
•
Sec. 5.01 Definitions 98
5.02 Applications and Licenses Under
This Chapter - Procedure and
Administration 101
5.03 Renewal of Licenses 106
5.04 Delinquent Taxes and Charges 106-1
5.05 Limitation on Ownership 106-1
5.06 Conditional Licenses 106-1
5.07 Premises Licensed 106-1
5.08 Unlawful Acts 106-1
5.09 Conduct on Licensed Premises 106-2
5.10 Sale By Employee 106-2
5.11 License Condition and Unlawful Act . . 106-2
5.12 Minors as Defined in Section 5.01 -
Unlawful Acts 107
5.13 Financial Responsibility of Licensees107-1
5.14 Insurance Certificate Requirements 107-2
5.15 Gambling Prohibited 107-2
5.16 Consumption and Possession of
Alcoholic Beverages on Streets,
Public Property, and Private Parking
Lots to Which the Public Has Access. 107-2
5.17 Alcoholic Beverages in Certain
Buildings and Grounds 107-3
5.18 Worker's Compensation 107-3
5.19-5.29 Reserved
5.30 Beer License Required 108
5.31 Beer License Fees 108
5.32 Temporary Beer License 108
5.33 Beer License Restrictions and
Regulations 109
5.34 Hours and Days of Beer Sales 109
5.35 Unlawful Acts (Beer) 110
5.36-5.49 Reserved
5.50 Liquor License Required 111
5.51 Liquor License Fees 111
5.52 Liquor License Restrictions and
Regulations 112
5.53 Hours and Days of Liquor Sales . . . 114
5.54 Sunday Sales 114
5.55 Unlawful Acts (Liquor) 115
5.56 Sports or Convention Facilities
License 115
4110 5.57 Temporary Liquor License 115
5.58-5.69 Reserved
d (5-31-92)
•
Title Page
Sec. 5.70 On -Sale Wine 116
5.71 Hours and Days of Sales By On -Sale
Wine Licensees 118
5.72 Unlawful Acts (Wine) 118
5.73-5.79 Reserved
5.80 Consumption and Display- One Day
License 119
5.81 Consumption and Display 119
5.82-5.89 Reserved
5.90 Nudity or Obscenity Prohibited . . 120
5.91-5.98 Reserved
5.99 Violation a Misdemeanor 121
CHAPTER 6 OTHER BUSINESS REGULATION
AND LICENSING 132
Sec. 6.01 Definitions 132
6.02 Applications 133
6.03 Action on Application, Transfer,
Termination and Duplicate License. . 134
6.04 Fixing License Fees 135
6.05 Carrying or Posting 136
6.06 Penalty For Property Owner 136
6.07 Responsibility of Licensee 136
6.08 Conditional Licenses 136
6.09 Renewal of Licenses 136
6.10 Insurance Requirements 136
6.11 License Denial and Fixing Rates -
Hearing 136
6.12 Worker's Compensation 136-1
6.13-6.29 Reserved
6.30 Mechanical Amusement Devices 137
6.31 Dance Halls 138
6.32 Shows 141
6.33 (Repealed)
6.34 Tobacco 143
6.35 Gambling 144
6.36 Solicitors 145
e (5-31-92)
Title Page
4111 Sec. 6.37 Garbage, Refuse and Recycling
Haulers 154
•
•
Subd. 1 Definitions 154
Subd. 2 License Required 155
Subd. 3 Exception 155
Subd. 4 Hauler Licensee Requirements156
6.38 Kennels 157
6.39 Massage Therapy Establishment 157
6.40 Massage Therapist License 161
6.41 Stables 163
e-1 (5-31-92)
•
Title page
Sec. 6.42 Golf Driving Range 163
6.43 Pet Shops 164
6.44 Tree Maintenance Contractors'
Licensing
6.45 Pawn Shop License
Subd. 1
Subd. 2
Subd. 3
Subd. 4
Subd. 5
Subd. 6
Subd. 7
Subd. 8
6.46
6.47-6.98
6.99
License Required
Initial License Application
Renewal Applications . .
Execution of Application
Granting Licenses
Payment of Fees
Bond Required
Persons and Places
Ineligible for License
Subd. 9 Conditions of Licenses
Subd. 10 Restricted Hours of
Operation; Minors
Subd. 11 Inspection
Subd. 12 Corporations, Partnerships
or Associations
Subd. 13 Refusal, Suspension or
Revocation
Paintball
Reserved
Violation
Sport Facility
a Misdemeanor
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
7.02 Application
7.03 Scope and Orders of Officers
7.04 Traffic and Parking Control
7.05 Obstructions in Streets
7.06 Street Openings or Excavations
7.07 Parades
7.08 Regulation of Grass, Weeds, Trees
and Landscaping 179
7.09 Limiting Time of Railway -Street
Crossing Obstruction 181-2
7.10 Curb and Gutter, Street and Sidewalk
Painting or Coloring 181-2
f (7-1-94)
165
167
167
167
169
169
169
170
170
170
171
173
173
173-1
173-1
173-2
173-5
174
174
174
174
174
175
176-1
178
•
•
Title Page
Sec. 7.11 Motorized Vehicles Prohibited on
Sidewalks 181-2
7.12-7.98 Reserved
7.99 Violation a Misdemeanor or Petty
Misdemeanor . . . . . . . . . . . . . . 18 2
CHAPTER 8 TRAFFIC REGULATIONS 193
(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 . ▪ 193
8.02 Truck ............193. 193
8.03 U-Turns 193
8.04 Left Turns Prohibited 193
8.05 Exhibition Driving 193
8.06 Snowmobile Rules and Regulations ▪ 194
8.07 Recreational Motor Vehicle Rules
and Regulations 196
8.08-8.98 Reserved
8.99 Violation a Misdemeanor or Petty
Misdemeanor 199
CHAPTER 9 PARKING REGULATIONS 210
(SEE CHAPTER 7 FOR DEFINITIONS,
SCOPE AND APPLICATION RELATING
TO THIS CHAPTER)
Sec. 9.01 Presumption 210
9.02 General Parking Prohibitions 210
9.03 Recreational Camping Vehicle Parking 210
9.04 Unauthorized Removal 211
9.05 Direction to Proceed 211
9.06 Parallel Parking 211
9.07 Streets Without Curb 211
9.08 Parking Hours 212
9.09 Winter Season Parking 212
9.10 Truck, Trailer and Commercial
Vehicle Parking 212-1
9.11 Parking Rules in City Parking
Lots and Ramps 213
9 (6-15-91)
Title EASE
Sec. 9.10 Truck, Trailer and Commercial
Vehicle Parking 212-1
9.11 Parking Rules in City Parking
Lots and Ramps 213
9.12 Impounding and Removing Vehicles . 213
9.13 Unattended Vehicle 214
9.14 Vehicle Repair on Street 214
9.15 Parking for the Purpose of
Advertising or Selling Merchandise 214
9.16 Physically Handicapped Parking . . 214
9.17-9.98 Reserved
9.99 Violation a Misdemeanor or Petty
Misdemeanor 215
CHAPTER 10 PUBLIC PROTECTION, CRIMES AND OFFENSES 226
Sec. 10.01 Storage, Deposit and Disposal
of Refuse 226
10.02 Toilet Installation 227-3
10.03 Maintenance of Individual
Sewerage Systems 227-3
10.04-10.09 Reserved
10.10 Dangerous Weapons and Articles. . . 228
10.11 Dog and Cat Regulation and
Dog Licensing 230
Subd. 1 Definitions 230
Subd. 2 Running at Large
Prohibited 231
Subd. 3 Dog License Required. 231
Subd. 4 Disposition of Impounded
Dogs and Cats 232
Subd. 5 Animal Pound Records. . . 233
Subd. 6 Public Nuisance 233
Subd. 7 Dangerous Dogs 233-1
Subd. 8 Disposition of Certain
Animals 233-2
Subd. 9 Immobilization of Dogs or
Cats 233-3
Subd. 10 Rabies Control 233-3
10.12 Animals and Fowl - Keeping, Trans-
porting, Treatment, Housing 233-3.2
10.13 Trapping Prohibited - Exceptions. . 233-7
10.14-10.19 Reserved
h (7-1-94)
•
Title paQe
Sec. 10.20 Shade Tree Disease Control
and Prevention 234
10.21 Planting and Maintenance of Trees
and Grass on Private Property 238
10.22 (Repealed)
10.23 Rules and Regulations Governing
Public Parks and Recreation Areas 239
10.24 Rules and Regulations Governing
Boating and Related Water Activities
Within the City 242
10.25 Compliance With Wetland Conservation
Statutes and Regulations 242-2
10.26-10.29 Reserved
10.30 Curfew 243
10.31 Noisy Parties or Gatherings 243
10.32 Obstructions on Public Property 244
10.33 (Repealed)
10.34 Drug Paraphernalia - Possession,
Manufacture, Delivery and
Advertisement Prohibited 245
10.35 Stalking and Harassing Behavior . . 248
10.36-10.39 Reserved
10.40 Minnesota Uniform Fire Code 248-2
10.41 Air Pollution Control 250
10.42 Noise Pollution Regulations 250
10.43 Fire, Burglary and Safety Alarm
Regulations and Requirements 250
10.44-10.49 Reserved
10.50 Abandoning a Motor Vehicle 251
10.51 Junk Cars, Furniture, Household
Furnishings and Appliances Stored
on Public or Private Property . . 251
10.52 Prohibited Use and Parking of
Mobile Homes and Recreational
Camping Vehicles 251
10.53-10.98 Reserved
10.99 Violation a Misdemeanor 253
i (7-1-94)
•
Title Page
• CHAPTER 11 LAND USE REGULATIONS (ZONING) 264
•
•
Sec. 11.01 Intent and Purpose 264
11.02 Rules of Language Construction 264
11.03 Definitions 264
11.04-11.09 Reserved
11.10 General Provisions 273
Subd 1 Application 273
Subd. 2 Separability 273
Subd. 3 Non -Conforming Uses . 273
Subd. 4 Lot Provisions 274-1
Subd. 5 Accessory Buildings and
Structures 274-1
Subd. 6 Required Yards and Open
Space 275
Subd. 7 Traffic Visibility 276
Subd. 8 Public Utility Service. 276
Subd. 9 Structures in Public
Rights -of -Way 276
Subd. 10 Land Reclamation and
Mining 276
Subd. 11 Building Permit and
Certificate of Occupancy. 277
Subd. 12 Design and Maintenance of
Off -Street Parking Areas. 277
Subd. 13 Required Off -Street
Parking 277
Subd. 14 Off -Street Loading Areas. 279
Subd. 15 Landscaping 279
Subd. 16 Public Address Systems. 279
Subd. 17 Open Sales Lots 279
Subd. 18 Hours of Operation 280
Subd. 19 Additional Requirements,
Exceptions and Modifica-
tions 280
Subd. 20 Fences 281
Subd. 21 Motor Fuel Station Design 282
Subd. 22 Residential Complex
Development 282-1
Subd. 23 Municipal Utilities for
Residential Development . . 283
Subd. 24 Design and Construction
Requirements (R-3 and R-4)
for Multiple Dwellings. . . 283
Subd. 25 Platting for Commercial and
Industrial . . 285
j (5-31-92)
Title Page
• Sec. 11.10 General Provisions (cont.)
•
•
Subd. 26 Placement of House on
Residential Lot 285
Subd. 27 Commercial and Industrial
Site Development 286
Subd. 28 Joint Parking Facilities. 286
Subd. 29 Outdoor Storage by
Businesses 286
11.11-11.19 Reserved
11.20 Use Districts 287
Subd. 1 Classification 287
Subd. 2 Zoning Map 287
Subd. 3 "A" Agricultural District 288
Subd. 4 "E" Estate District . . . 289
Subd. 5 Residential Districts 289
Subd. 6 Minimum Area, Setback and
Height Requirements . . . . 291
Subd. 7 "P" Public Facilities
District 294
Subd. 8 "PD" Planned Development
District 295
Subd. 9 "LB" - Limited Business
District 296
Subd. 10 "NB" Neighborhood Business
District 298
Subd. 11 "GB" General Business
District 299
Subd. 12 "CSC" Community Shopping
Center District 302
Subd. 13 "RSC" Regional Shopping
Center District 305
Subd. 14 "RB" Roadside Business
District 307
Subd. 15 Area Standards and
Requirements 308
Subd. 16 I-1 Limited Industrial
District 311
Subd. 17 I-2 General Industrial
District 313-1
Subd. 18 R-D Research and
Development District. . . . 314
Subd. 19 Additional Standards and
Requirements 315
k (5-31-92)
Title
Sec. 11.20 Use Districts (cont.)
Subd. 20 Minimum Requirements for
Lot Area, Width, Frontage,
Height, Yards, Ground Floor
Area for "R-D" and "I"
Districts 318
Subd. 21 Flood Plain Districts 319
11.21 Shoreland Zoning 319
Subd. 1 Purpose and Intent 319
Subd. 2 Scope 319
Subd. 3 Enforcement 319
Subd. 4 Abrogation and Greater
Restrictions 319
Subd. 5 Definitions 319
Subd. 6 Administration 319-4
Subd. 7 Shoreland Classification and
Shoreland Use Districts . . 319-6
Subd. 8 Dimensional Requirements. . 319-10
Page
Subd. 9 General Provisions 319-13
A. Lots for Controlled
Accesses 319-13
B. Placement and Design
of Structures 319-14
C. Floodplain Regulations319-14
D. Water -Oriented Accessory
Structures 319-14
E. Stairways, Lifts,
Landings and Docks. . . 319-14.1
F. Significant Historic
Sites 319-14.2
G. Steep Slopes 319-14.2
H. Height of Structures. 319-14.2
I. Shoreland Alterations 319-14.2
J. Wetland Protection
Regulations 319-14.5
K. Placement and Design of
Roads, Driveways, and
Parking Area 319-14.5
L. Stormwater Management 319-14.6
M. Special Provisions For
Public/Semipublic,
Agricultural, Forestry
and Extractive Uses . . 319-14.7
k-1 (7-1-94)
•
•
•
Title PAS/
Sec. 11.21 Shoreland Zoning (cont.)
Subd. 9 General Provisions (cont.)
N. Conditional Uses. . . . 319-14.8
O. Water Supply and Sewage
Treatment 319-14.9
P. Subdivision Provisions319-14.11
Subd. 10 Planned Development (Cluster
Developments) 319-14.11
A. Types of Planned Devel-
opments Permitted . . . 319-14.11
B. Conditional Use
Requirements 319-14.11
C. Application for Planned
Development 319-14.12
D. Public Utilities. . 319-14.12
E. Site Evaluation . . 319-14.12
F. Residential and Commer-
cial Planned Development
Use 319-14.13
G. Density Increase
Multipliers 319-14.14
H. Maintenance and Design
Criteria 319-14.15
I. Open Space Standards. 319-14.16
J. Erosion Control and
Stormwater Management 319-14.17
K. Centralization and
Design of Facilities. . 319-14.17
L. Conversions 319-14.18
M. Existing Unit
Conditions 319-14.18
Subd. 11 Non -Conformities 319-14.18
11.22 Interim User Permits 319-14.20
11.23-11.29 Reserved
11.30 Performance Standards 320
11.31-11.39 Reserved
11.40 Administration and Enforcement. . . . 322
Subd. 1 Enforcing Officer 322
Subd. 2 Board of Adjustments and
Appeals 322
Subd. 3 Variances 323
k-2 (7-1-94)
Title
Paae
Sec. 11.40 Administration and Enforcement (cont.)
Subd. 4 Conditional Use Permits . . 325
Subd. 5 Amendments (Including
Zoning) 326-1
Subd. 6 Planned Development 327-1
Subd. 7 Special Permits 330
Subd. 8 Building Permit Reviews . 330
Subd. 9 Petition Forms 331
Subd. 10 Fees 331
11.41-11.79 Reserved
11.80 Flood Plain Regulations 332
Subd. 1 Finding of Facts and
Purposes 332
Subd. 2 Definition 332
Subd. 3 General Provisions 333
Subd. 4 Flood Plain District (FP) 334
Subd. 5 Flood Plain Evaluation
Procedure 337
Subd. 6 Special Provisions for
Flood Plain Variances . 338
Subd. 7 Special Provisions for
Flood Plain Violations. 338
11.81-11.98 Reserved
11.99 Violation a Misdemeanor 340
CHAPTER 12 RESERVED FOR FUTURE EXPANSION 346-370
k-3 (7-1-94)
Title Page
• CHAPTER 13 SUBDIVISION REGULATIONS (PLATTING) 371
•
•
Sec. 13.01 Purpose 371
13.02 Jurisdiction 371
13.03 Interpretation; Conflict 372-1
13.04 Definitions 373
13.05-13.09 Reserved
13.10 Application Procedures and
Approval Process 380
13.11-13.19 Reserved
13.20 General Provisions 385
Subd. 1 Model Homes 385
Subd. 2 Grading of Site Prior to
Final Plat 385
Subd. 3 Effective Period of
Preliminary Plat Approval 385-1
Subd. 4 Zoning Regulations 386
Subd. 5 Private Ownership of
Multiple Dwelling Lots. . . 386
Subd. 6 Findings Related to Pre-
liminary and Final Plats. 386
Subd. 7 Platting Additions 388
Subd. 8 Public Uses 388
Subd. 9 Land Locked Parcels 389-1
Subd. 10 Fees 389-1
Subd. 11 Council Vote 389-1
Subd. 12 Planned Developments. 390
Subd. 13 Plat Approved Without
Variances 390
Subd. 14 Building Permits Prior to
Public and Private
Services 391
Subd. 15 Noise Abatement 391
Subd. 16 Consolidation of Lots of
Record 391
Subd. 17 Division of Lots of Record392
Subd. 18 Preliminary Plat
Compliance With Flood Plain
Requirements 392
13.21-13.29 Reserved
13.30 Data and Design Standards 393
Subd. 1 Preliminary Plat - General
Design Submission 393
A. Preliminary Plat Plans 393
B. Site Plans 394
1 (5-31-92)
•
•
•
Title Page
Sec. 13.30 Data and Design Standards (Cont.)
Subd. 1 Preliminary Plat - General
Design Submission (Cont.)
C. General Utility and Street Plan . 395
D. General Grading/Drainage/Erosion
Control Plan 395-1
E. General Landscape Plan 395-2
F. Park Dedication Plan 395-3
Subd. 2 Preliminary Plat - Technical
Design Submission 395-4
A. Certificate 395-4
B. Technical Utility and Street
Plans 395-4
C. Technical Grading/Drainage/
Erosion Control Plan 395-5
D. Technical Landscape Plan
E. Technical Park Plan
395-6
395-6
Subd. 3 Final Plat 395-6
Subd. 4 Street Design Standards 395-7
A. Public Streets
B. Private Streets
397
398
Subd. 5 Sidewalks and Trails 400
Subd. 6 Easements 400
Subd. 7 Blocks 400
Subd. 8 Lots 400
Subd. 9 Building Locations and
Elevations 401
Subd. 10 Public and Park Spaces 401
Subd. 11 Vegetation Including Trees,
Shrubs, Hedges, Etc 401
Subd. 12 Solar Access 402
Subd. 13 Environmental Protection 402
Subd. 14 Underground Utilities 402
Subd. 15 Required Improvements 402
13.31-13.39 Reserved
13.40 Administration and Enforcement . . 406
13.41-13.98 Reserved
13.99 Violation a Misdemeanor 410
m (7-1-89)
Tit_ e Page
CHAPTER 14 SPECIAL SERVICE DISTRICT NO. 1 421
Sec. 14.01 Special Service District No. 1 . . . 421
Subd. 1 Purpose 421
Subd. 2 Services The District
May Provide 421
Subd. 3 Payment for Services. . 421
Subd. 4 Area Included Within
Special Service District
No. 1 422
14.02-14.99 Reserved
CHAPTERS
15 THROUGH 24 RESERVED FOR FUTURE EXPANSION 447-706
CHAPTER 25 LISTING OF UNCODED ORDINANCES
IN EFFECT 707
Regulating Elections 708
Consolidated Improvement Bond
Debt Service Fund 408
Industrial Strength Charge 708
Grant of Gas Franchise 709
Grant of Electric Franchise 709
Grant of Cable TV Franchise 709
Pipeline Ordinance 710
Ordinance Codification 710
Single Family Housing and
Multifamily Housing Developments
Housing Programs 710
n (7-1-94)
•
1. GENERAL PROVISIONS & DEFINITIONS
INCLUDING PENALTY FOR VIOLATION
• • •
r
ll
1 GENERAL PROVISIONS & DEFINITIONS
INCLUDING PENALTY FOR VIOLATION
• • •
•
•
•
CHAPTER 1
Title Page
GENERAL PROVISIONS AND DEFINITIONS
APPLICABLE TO THE ENTIRE CITY CODE
INCLUDING PENALTY FOR VIOLATION
1
Sec. 1.01 Application 1
1.02 Definitions 1
1.03 Violation a Misdemeanor or a
Petty Misdemeanor 3
1.04 Otherwise Unlawful 3
1.05 Severability 3
1.06 Payment Into City Treasury of
Fines and Penalties 3
1.07 Meanings 3
1.08 Citation 4
1.09 Penalties For Each Offense 4
1.10 Titles 4
1.11 Reference to a Public Official 4
1.12-1.99 Reserved
(6-15-86)
•
•
CHAPTER 1
GENERAL PROVISIONS AND DEFINITIONS
APPLICABLE TO THE ENTIRE CITY CODE
INCLUDING PENALTY FOR VIOLATION
SECTION 1.01. APPLICATION. The provisions of this
Chapter shall be applicable to all the chapters, sections,
subdivisions, paragraphs and provisions in the City Code,
and the City Code shall apply to all persons and property
within the City of Eagan, Minnesota, and within such adja-
cent area as may be.stated in specific provisions.
SEC. 1.02. DEFINITIONS. Unless the language or con-
text 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:
Subd. 1. "City" means the City of Eagan, Minne-
sota, acting by or through its duly authorized representa-
tive.
Subd. 2. "Council" and "City Council" mean the
City Council of the City of Eagan, Minnesota.
Subd. 3. "City Administrator" means the person
duly appointed by the City Council and acting in such
capacity.
Subd. 4. "City Clerk" and "City Clerk -Treasurer"
mean the person duly appointed by the City Council and
acting in such capacity.
Subd. 5. "Person" includes all firms, partner-
ships, associations, corporations and natural persons.
Subd. 6. "Written" and "In Writing" mean any mode
of representing words and letters in the English language.
Subd. 7. "Street" means the entire area dedicated
to public use, or contained in an easement or other convey-
ance or grant to the City, and shall include, but not be
limited to, roadways, boulevards, sidewalks, alleys, and
other public property between lateral property lines in
which a roadway lies.
Subd. 8. "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,
1
(1-1-83)
S 1.02
•
•
including, but not limited to, streets, parks or parking
lots so owned or occupied.
Subd. 9. "Private property" means all property
not included within the definition of public property or
public place.
Subd. 10. "Intersection" means the area embraced
within the prolongation or connection of the lateral curb
line 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.
Subd. 11. "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.
Subd. 12. "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.
Source: City Code
Effective Date: 1-1-83
Subd. 13. "Misdemeanor" means the crime for which
a sentence of not more than ninety (90) days or a fine of
not more than $700.00, or both, may be imposed.
Source: Ordinance No. 6, 2nd Series
Effective Date: 4-27-84
Subd. 14. "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.
Source: Ordinance No. 64, 2nd Series
Effective Date: 8-26-88
Subd. 15. "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.
Subd. 16. "Crime" means conduct which is
prohibited by this Code for which the violator may be
sentenced to imprisonment or fine.
2 (8-31-88)
•
•
•
§ 1.02
Subd. 17. "Ordinance" means an ordinance duly
adopted by the Council.
Subd. 18. "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 obliga-
tion (within his discretion) to speak to any question coming
2-1 (1-1-83)
•
•
before the board, commission or other deliberative body of
which he is such member.
Subd. 19. "May" is permissive.
Subd. 20. "Shall" is mandatory.
Subd. 21. "Violate" includes failure to comply
with.
Subd. 22. "Premises" means any lot, piece or
parcel of land within a continuous boundary whether publicly
or privately owned, occupied or possessed.
SEC. 1.03. VIOLATION A MISDEMEANOR OR A PETTY MISDE-
MEANOR. Every person violates a chapter, section, subdivi-
sion, 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 shall be
punished as for a misdemeanor, or as for a petty misdemea-
nor, 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 misdemea-
nor, or a petty misdemeanor as an included offense neces-
sarily proved if the misdemeanor charge were proved.
SEC. 1.04. OTHERWISE UNLAWFUL. The City Code does not
authorize an act or omission otherwise prohibited by law.
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.
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 regula-
tion 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 propor-
tion provided by law.
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.
3
(1-1-83)
•
•
•
s 1.08
SEC. 1.08. CI?A?ION. This codification of the
ordinances of the City of Eagan shall henceforth be known as
the City Code and cited thus: "CITY CODE, SEC. .
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.
Source: City Code
Effective Date: 1-1-83
SEC. 1.10. TITLES. A title or caption to or in any
chapter, section, subdivision, subparagraph or other
provision of the City Code is for convenience only and shall
not limit, expand, or otherwise alter or control the
content, wording or interpretation thereof.
Source: Ordinance No. 29, 2nd Series
Effective Date: 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.
Source: Ordinance No. 46, 2nd Series
Effective Date: 6-12-87
(Sections 1.12 through 1.99, inclusive, reserved for
future expansion.)
4 (6-15-87)
•
(Page 5 reserved)
(1-1-83)
2. ADMINISTRATION & GENERAL GOVERNMENT 1
• • •
Title Page
CHAPTER 2 ADMINISTRATION AND GENERAL GOVERNMENT 6
Sec. 2.01 Authority and Purpose 6
2.02 Council Meetings - Time and Place . . 6
2.03 Special Meetings 6
2.04 Council Procedure at Regular Meetings 6-1
2.05 City Seal 7
2.06 Right to Administrative Appeal 7
2.07 Rules of Procedure for Appeals
and Other Hearings 7
2.08 Facsimile Signatures 7
2.09 City Administrator 7
2.10 Interim Emergency Succession 9
2.11 Salaries of Mayor and Councilmen. 10
2.12 Worker's Compensation 11
2.13 City Clerk -Treasurer 11
2.14 Mayoral Term of Office 11
2.15 Even -Year Election 11
2.16-2.29 Reserved
2.30 Departments Generally 12
2.31 Police Department 12
2.32 Fire Department 13
2.33 Legal Department 13
2.34 Public Works Department 13
2.35 Protective Inspections Department . . 14
2.36 Planning and Zoning Department 14
2.37 Park and Recreation Department 14
2.38 Issuance of Citations 14-1
2.39-2.49 Reserved
2.50 Advisory Commissions and Committees . . 15
2.51 Advisory Planning Commission 16
2.52 Advisory Parks, Recreation, and
Natural Resources Commission 16
2.53 Advisory Board of Adjustments and
Appeals 16
2.54-2.69 Reserved
2.70 Disposal of Abandoned Motor Vehicles,
Unclaimed Property and Excess
Property 17
2.71 Personnel Rules and Regulations . . . 21
2.72 Franchises 21
(7-1-94)
•
Title pane
Sec. 2.73 Absentee Ballot Counting Board . 24
2.74 Special Assessment Policy 24
2.75 Deferment of Special Assessments 24
2.76 Partial Prepayment of Special
Assessments 25
2.77 Emergency Prepardedness Plan 25
2.78 Building Numbers 26
2.79 Community Investment Fund 26
2.80 Local Lodging Tax 27
2.81-2.98 Reserved
2.99 Violation a Misdemeanor 31
ii (7-1-94)
•
•
•
•
CHAPTER 2
ADMINISTRATION AND GENERAL GOVERNMENT
SECTION 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.
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 o'clock 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.
Source: City Code
Effective Date: 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 (3) days prior to the time
stated therein, or by personal service at least seventy-two
(72) hours prior to the projected time of meeting. Special
meetings may be held without prior written notice to the
Council when all Council members 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 Council
members 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.
Source: Ordinance No. 115, 2nd Series
Effective Date: 6-14-91
6 (6-15-91)
•
5 2.04
SEC. 2.04. COUNCIL PROCEDURE AT REGULAR MEETINGS. The
City Administrator shall prepare the following items: (1)
an agenda for the forthcoming 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. Roberts' Rules of Order (Newly Revised) shall
govern all Council meetings as to procedural matters except
as amended in specific instances by unanimous vote of the
Council members present. The order of business at regular
meetings shall be as determined by the Council. Matters
inappropriate for consideration at a 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.
6-1 (6-15-91)
•
•
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.
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 (5) days prior to any regular Council meeting.
Such request shall contain a general statement setting forth
the administrative decision to be challenged by the appel-
lant. At such hearing the appellant may present any evi-
dence he deems pertinent to the appeal, but the City shall
not be required to keep a verbatim record of the proceed-
ings. 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 Coun-
cil, 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.
SEC. 2.07. RULES OF PROCEDURE FOR APPEALS AND OTHER
HEARINGS. The Council may adopt by resolution certain writ-
ten 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 ques-
tions therein presented. Such rules of procedure shall be
effective thirty (30) days after adoption and shall be for
the purpose of establishing and maintaining order and
decorum in the proceedings.
SEC. 2.08. FACSIMILE SIGNATURES. The Mayor and City
Clerk -Treasurer are hereby authorized to request a deposi-
tory of City funds to honor an order for payment when such
instrument bears a facsimile of their 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 signature. Such authority is granted only
for the purpose of permitting such officers an economy of
time and effort.
SEC. 2.09. CITY ADMINISTRATOR.
Subd. 1. Position Established. The position of
City Administrator is hereby established.
7
(1-1-83)
•
•
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 affirma-
tive action taken by the Council twice at two regular meet-
ings held within sixty 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 thirty
days after written notice of removal, request a public
hearing which the Council must grant and which must be
started within thirty 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 responsi-
bilities 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 insure 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 semi-official func-
tions as may be directed by the Council and not in conflict
8
(1-1-83)
•
•
with the prerogatives of the Mayor. He shall be entitled to
notice of all regular and special meetings of the Council.
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.
SEC. 2.10. INTERIM EMERGENCY SUCCESSION.
Subd. 1. Purpose. Due to the existing possi-
bility of a nuclear attack or a natural disaster requiring a
declaration of a state of emergency, it is found urgent and
necessary to insure 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 tempo-
rary 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 avail-
able 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 pres-
ent, regardless of number, they shall elect a Chairman and
Secretary to preside and keep minutes, respectively.
9
(1-1-83)
§ 2.10
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.
of emergency.
C. They may, based on such facts, declare a state
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.
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.
SEC. 2.11.
JANUARY 1, 1995.
fixed as follows,
Subd. 1
$600.00.
Subd. 2.
be $450.00.
effective
Source: City Code
Effective Date: 1-1-83
SALARIES OP MAYOR AND CODNCILMEMBERS PRIOR TO
Salaries of the Mayor and Council are hereby
which amounts are deemed reasonable:
. The monthly salary of the Mayor shall be
The monthly salary of each Councilmember shall
Subd. 3. The salaries provided for herein shall be
January 1, 1990.
SEC. 2.11.
JANUARY 1, 1995.
fixed as follows,
Subd. 1
$750.00.
Source: Ordinance No. 73, 2nd Series
Effective Date: 1-6-89
SALARIES OF MAYOR AND CODNCILMEMBERS EFFECTIVE
Salaries of the Mayor and Council are hereby
which amounts are deemed reasonable:
. The monthly salary of the Mayor shall be
Subd. 2. The monthly salary of each Councilmember shall
be $540.00.
10 (7-1-94)
•
Subd. 3. The salaries
effective January 1, 1995.
provided for herein shall be
Source: Ordinance No. 178, 2nd Series
Effective Date: 3-18-94
SEC. 2.12. WORKER'S COMPENSATION.
Subd. 1. Contractors.
contract for doing public work
contracting parties acceptable
worker's compensation insurance
Statutes.
The City shall not enter into any
before receiving from all other
evidence of compliance with the
coverage requirement of Minnesota
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 worker's compensation
entitlement.
Source: Ordinance No. 115, 2nd Series
Effective Date: 6-14-91
SEC. 2.13. CITY CLERK -TREASURER. The offices of City Clerk
and City Treasurer should be, and they are hereby, combined.
Source: City Code
Effective Date: 1-1-83
SEC. 2.14. MAYORAL TERM OF OPPICE. The term of office of the
Mayor of the City is hereby established to be four (4) years,
commencing with the ensuing term after the effective date of this
Section.
Source: Ordinance No. 123, 2nd Series
Effective Date: 8-16-91
SEC. 2.15. EVEN -YEAR ELECTION.
Subd. 1. Election Year. The municipal general election
in the City of Eagan 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.
Subd. 2. Terms of Office. To provide an orderly
transition to the even -year election plan, the four-year term of
office of the Mayor and Councilmembers are hereby amended as
follows:
11 (7-1-94)
§ 2.15
A. The terms of the two Councilmembers whose
current terms are scheduled to expire on the day before the first
Council meeting in January 1994, is hereby shortened whereby the
terms shall expire on the day before the first Council meeting in
January 1993, and those offices shall be filled at the election to
be held in 1992.
B. The terms of the Mayor and the two
Councilmembers whose terms will commence on January 2, 1992 and are
scheduled to expire on the day before the first Council meeting in
January 1996 are hereby shortened whereby the terms shall expire on
the day before the first Council meeting in January 1995 and those
offices shall be filled at the election to be held in 1994.
Source: Ordinance No. 124, 2nd Series
Effective Date: 8-30-91
(Sections 2.16 through 2.29, inclusive, reserved for future
expansion.)
11-1 (7-1-94)
•
•
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 Admin-
istrator 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
indeterminate term and subject to any applicable Civil Ser-
vice 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 informa-
tion as may be requested by the City Administrator.
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.
12
(1-1-83)
•
•
For purposes of administration, animal control, civil
defense and ambulance service are all a part of this
Department.
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 subse-
quent resolution. The Council shall also establish, and
from time to time revise and amend, written rules and regu-
lations of the Department including, but not limited to, its
internal structural organization 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 regula-
tions and all provisions of the laws of the State and ordi-
nances 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 endan-
gered 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.
SEC. 2.33. LEGAL DEPARTMENT. A Legal Department is
hereby established. The Council shall appoint a City Attor-
ney, 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 per-
form 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".
SEC. 2.34. PUBLIC WORKS DEPARTMENT. A Public Works
Department is hereby established. The Head of such Depart-
ment shall be the Director of Public Works. The City water
and sewerage 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
13
(1-1-83)
•
•
•
S 2.34
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 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.
SEC. 2.35. PROTECTIVE INSPECTIONS DEPARTMENT. A
Protective Inspections Department is hereby established.
The Head of this Department is the Chief Building Inspector.
It is the duty of the Chief Building Inspector 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 stand-by auxiliary fuel
tanks and supervise the attachment of correct building
numbers.
- 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.
SEC. 2.37. PARR 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 Park
and Recreation shall submit a periodic report to the City
Administrator covering the work of his Department for
intervals required by the City Administrator.
Source: City Code
Effective Date: 1-1-83
14 (8-31-88)
4 2.38
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
Minnesota Statutes 629.34 (1986).
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.
Officers.
• Inspectors.
•
Technicians.
A. Peace Officers and Part -Time Peace
B. Reserve Officers.
C. City Planner and Zoning Administrator.
D. Chief Building Officer and Building
E. Sign Inspectors.
F. Public Works Director and Engineering
G. Fire Inspection Officers.
B. Animal Control Officers.
Source: Ordinance No. 62, 2nd Series
Effective Date: 6-24-88
I. Community Service Officers.
Source: Ordinance No. 121, 2nd Series
Effective Date: 7-26-91
(Sections 2.39 through 2.49, inclusive, reserved for
future expansion.)
14-1 (5-31-92)
•
S 2.50
SEC. 2.50. ADVISORY COMMISSIONS AND COMMITTEES
GENERALLY. All Advisory Commission and Committee appoint-
ments authorized by ordinance or resolution 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 or her appoint-
ment, and terms of present Commission and Committee members
may be established, changed or terminated so as to give
effect to this Section. Each Commission or Committee shall
be composed of seven regular members who shall serve
staggered (2 or 3 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. Notwith-
standing the provisions of this Section, the Council may by
resolution establish special adhoc 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 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 or her 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
or she may be represented by his or her assistant or some
person duly authorized by him or her. All Commissions and
Committees shall act as advisory to the Council. Except as
otherwise provided, this Section shall apply to all
Commissions and Committees.
15 (8-31-88)
•
•
•
S 2.51
SRC. 2.51. ADVISORY PLANNING COMMISSION.
Subd. 1. Establishment. An Advisory Planning
Commission is hereby established.
Source: Ordinance No. 53, 2nd Series
Effective Date: 4-8-88
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.
Source: City Code
Effective Date: 1-1-83
SEC. 2.52. ADVISORY PARRS, RECREATION, AND NATURAL
RESOORCES 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.
Source: Ordinance No. 113, 2nd Series
Effective Date: 4-12-91
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.
SEC. 2.53. ADVISORY BOARD OP ADJUSTMENTS AND APPEALS.
(CODIFIER'S NOTE: The Advisory Board of Adjustments and
Appeals (Zoning) is provided for in Chapter 11 of the City
Code.)
Source: City Code
Effective Date: 1-1-83
(Sections 2.54 through 2.69, inclusive, reserved for
future expansion.)
16 (6-15-91)
•
•
•
S 2.70
SEC. 2.70. DISPOSAL OF ABANDONED MOTOR VEHICLES,
UNCLAIMED PROPERTY AND EXCESS PROPERTY.
Subd. 1. Disposal of Abandoned Motor Vehicles.
A. Definitions.
1. The term "abandoned motor vehicle"
means a motor vehicle as defined in Minnesota Statutes,
Chapter 169, that has remained for a period of more than
forty-eight hours on public property illegally or lacking
vital component parts, or has remained for a period of more
than forty-eight hours on private property without the con-
sent of the person in control of such property, or in an
inoperable condition such that it has no substantial poten-
tial further use consistent with its usual function unless
it is kept in an enclosed garage or storage building. It
shall also mean a motor vehicle voluntarily surrendered by
its owner to and accepted by the City. A classic car or
pioneer car, as defined in Minnesota Statutes, Chapter 168,
shall not be considered an abandoned motor vehicle within
the meaning of this Section. Vehicles on the premises of
junk yards or automobile graveyards, which are licensed and
maintained in accordance with the City Code, shall not be
considered abandoned motor vehicles within the meaning of
this Section.
2. The term "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
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 reason-
ably obtained, and the place where the vehicle is being
held, shall inform the owner and any lien holders of their
right to reclaim the vehicle under Subparagraph E of this
17 (1-1-83)
•
•
Subdivision, and shall state that failure of the owner or
lien holder to exercise their right to reclaim the vehicle
and contents 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 Sub-
paragraph 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 lien holders of .record. If
it is impossible to determine with reasonable certainty the
identity and address of the registered owner and all lien
holders, 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 lien holder 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 fifteen 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 lien holder 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 con-
tents taken into custody and not reclaimed under Subpara-
graph 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 Subdivision. Any remainder from the
18
(1-1-83)
•
•
proceeds of a sale shall be held for the owner of the
vehicle or entitled lien holder for ninety days and then
shall be deposited in the General Fund of the City.
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 qual-
ified person for collection, storage, incineration, 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 con-
tract with a person duly licensed by the Minnesota 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 equip-
ment 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 sixty
days and has been declared such by a resolution of the
Council.
B. Preliminary Notice. If the City Adminis-
trator knows the identity and whereabouts of the owner, he
shall serve written notice upon him at least thirty days
prior to a declaration of abandonment by the Council. If
the City acquired possession from a prior holder, the iden-
tity and whereabouts of whom are known by the City Adminis-
trator 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 thirty days from the date of such notice.
C. Notice and. Sale. Upon adoption of a
resolution declaring certain property to be abandoned
19
(1-1-83)
•
•
'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 nego-
tiables. 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 claim within eight months from the date of
publication of the notice herein provided, and upon applica-
tion 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 prop-
erty (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 Administrator 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
20
(1-1-83)
•
•
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 offi-
cial 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 profes-
sional 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.
SEC. 2.71. PERSONNEL RULES AND REGULATIONS. The
Council may, by resolution, establish personnel rules set-
ting forth the rights, duties and responsibilities of
employees. Such rules may from time to time be amended.
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 of Minnesota, or shall hereafter be granted by the
City or by the State of Minnesota.
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 semi -permanent
fixtures for the purpose of constructing or operating rail-
ways, telegraphing, or transmitting electricity, or
21
(1-1-B3)
•
•
transporting by pneumatic tubes, or for furnishing to the
City or its inhabitants or any portion thereof, transporta-
tion 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 of Minnesota.
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 con-
tained 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 of
Minnesota, 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.
3. If direct negotiations fail to pro-
duce agreement, the Council shall, not less than thirty 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 represen-
tative 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.
22
(1-1-83)
s
•
•
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 accommodations 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 con-
tained 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 perma-
nent or semi -permanent 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 par-
ticularly 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
extension thereof such other and further conditions and
23
(1-1-83)
•
•
restrictions as the Council may deem proper to protect the
City's interests, nor shall anything contained in this Sec-
tion limit any right or power possessed by the City over
existing franchises.
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.
SEC. 2.74. SPECIAL ASSESSMENT POLICY. The Council
may, by resolution, adopt, from time -to -time amend, or
repeal a special assessment policy.
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 defer-
ment not later than ninety 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.
property.
C. The applicant must be the owner of the
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 18
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 condi-
tions 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 sixty days after loss of
eligibility by the applicant. If the special assessment is
24
(1-1-83)
•
•
not paid within sixty days, the City Clerk -Treasurer shall
add thereto interest at 8% per annum from the due 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 finan-
cial hardship, the Council may order that the applicant pay
within sixty 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 accumu-
lated 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.
SEC. 2.76. PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS.
Subd. 1. Scope. Partial prepayment of assess-
ments 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.
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.
25
(1-1-83)
5 2.78
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.
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.
Source: City Code
Effective Date: 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.
Source: Ordinance No. 180, 2nd Series
Effective Date: 6-24-94
26 (7-1-94)
•
5 2.80
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, rooming house,
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.
Subd. 2. Imposition of Tax. All operators shall impose
and collect a tax of three percent (3%) 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 orf 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.
27 (7-1-94)
•
5 2.80
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
(10) 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 (10) days after determination of such refund. Whenever any tax
due has a 10% 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.
Subd. 6. Failure to Pile 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 thirty (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 thirty (30) days after it is required to be paid, the
City may certify the tax as a lien against the real property on
28 (7-1-94)
•
•
9 2.80
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 thirty (30)
days 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 (8%) 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 (15%) 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 twenty-five (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
(8%) 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
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 (95%) 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 petition for review shall be filed with the
City Clerk within thirty (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 fourteen (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 operator's choosing at
29 (7-1-94)
5 2.80
operator's own expense. The hearing shall be conducted by the City
Administrator or Administrator's designee, provided only that
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 (10) 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
fourteen (14) days notice of Council hearing. The Council's
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.
CODIFIER'S NOTE: The right to administrative appeals provision
contained in this Chapter shall not apply to this Subdivision.
Source: Ordinance No. 168, 2nd Series
Effective Date: 07-15-93
(Sections 2.81 through 2.98, inclusive, reserved for future
expansion.)
30 (7-1-94)
•
§ 2.99
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.
Source: City Code
Effective Date: 01-01-83
(Pages 32 through 37 reserved)
31 (7-1-94)
•
!F
3. MUNICIPAL & PUBLIC UTILITIES
RULES. REGULATIONS & RATES
1
• • •
Title Page
CHAPTER 3 MUNICIPAL AND PUBLIC UTILITIES -
RULES AND REGULATIONS, RATES,
CHARGES AND COLLECTIONS 38
Sec. 3.01 Definitions 38
3.02 Fixing Rates and Charges for
Municipal Utilities 38
3.03 Fixing Rates and Charges for
Public Utilities 38
3.04 Contractual Contents 39
3.05 Rules and Regulations Relating to
Municipal Utilities. . . 39
3.06 Water Connection and Availability
Charge 42
3.07 Storm Water Drainage Connection and
Availability Charge 42-1
3.08 Sanitary Sewer Connection and
Availability Charge 42-3
3.09-3.19 Reserved
3.20 Rules and Regulations Relating
to Water Service 43
3.21-3.39 Reserved
3.40 Rules and Regulations Relating
to Sewerage Service 46
3.41-3.59 Reserved
3.60 Street Lighting System 49
3.61-3.98 Reserved
3.99 Violation a Misdemeanor 50
(6-15-91)
•
•
•
CHAPTER 3
MUNICIPAL AND PUBLIC UTILITIES
RULES AND REGULATIONS, RATES,
CHARGES AND COLLECTIONS
SECTION 3.01. DEFINITIONS. As used in this Chapter,
the following words and terms shall have the meanings stated:
1. "Utility" means all utility services, whether
the same be public City -owned facilities or furnished by
public utility companies.
2. "Municipal Utility" means any City -owned
utility system, including, but not by way of limitation,
water, sewerage, and street lights.
3. "Company" "Grantee" and "Franchisee" mean
any public utility system to which a franchise has been
granted by the City.
4. "Consumer" and "Customer" mean any user of a
utility.
5. "Service" means providing a particular utility
to a customer or consumer.
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 non-payment 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.
(CODIFIER'S NOTE: See Sections 3.06, 3.07 and 3.08 relating
to water, storm water drainage, and sanitary sewer
connection and availability charges.)
SEC. 3.03. FIXING RATES AND CHARGES FOR PUBLIC UTILI-
TIES. 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 Coun-
cil. To request such increase the franchisee shall prepare
its written petition setting forth the then current and
38 (6-15-90)
§ 3.03
•
•
proposed rates and charges, the effective date of the
proposed increases (which may not be within ninety 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 thirty 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 within
sixty 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 fifteen days after the hearing
and served upon the franchisee.
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.
Source: City Code
Effective Date: 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 delinquent if they
are unpaid at the close of business on the due date shown on
the billing. A penalty of ten per cent (10%) thereof shall
39 (4-30-84)
§ 3.05
•
•
•
be added to, and become part of, all delinquent utility
bills. If service is suspended due to delinquency it shall
not be restored at that location until a reconnection charge
has been paid for each utility reconnected in addition to
amounts owed for service and penalties.
Source: Ordinance No. 8, 2nd Series
Effective Date: 4-27-84
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 o'clock A.M. and the follow-
ing Friday at 9:00 o'clock 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,
B. Any charge for a municipal utility
service, or any other financial obligation imposed on the
present owner or occupant of the premises served, is unpaid
after due notice thereof, or,
C. 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
40 (4-30-84)
•
•
•
5 3.05
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 non-payment of a bill, or for
any other 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.
Source: City Code
Effective Date: 1-1-83
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
41 (6-15-86)
•
•
•
s 3.05
otherwise contracted for and authorized in writing by the
owner and the tenant, as agent for the owner, and consented
to by the City of Eagan, Minnesota. 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. Each such account is hereby made a lien
upon the premises served. All such accounts which are more
than forty-five days past due may, when authorized by
resolution of the Council, be certified by the City Clerk -
Treasurer of the City of Eagan, Minnesota, to the County
Auditor, and the City Clerk -Treasurer in so certifying shall
specify the amount thereof, the description of the premises
served, and the name of the owner thereof. The amount so
certified shall be extended by the Auditor on the tax rolls
against such premises in the same manner as other taxes, and
collected by the County Treasurer, and paid to the City
along with other taxes.
Source: Ordinance No. 30, 2nd Series
Effective Date: 6-6-86
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.
42 (6-15-90)
•
•
•
S 3.06
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 Public Works Director a
written request for the recomputation.
Subd. 7. Collections. A11 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 on or before
October 1 of each year. Such action may be optional or
subsequent to taking legal action to collect delinquent
accounts.
Source: Ordinance No. 90, 2nd Series
Effective Date: 10-27-89
SEC. 3.07. STORM WATER DRAINAGE CONNECTION AND
AVAILABILITY CRARGE.
Subd. 1. Storm Water Drainage Utility. A storm
water drainage utility for the City is hereby established.
The municipal storm sewer system shall be operated as a
public utility pursuant to Minnesota Statutes, Section
444.075, from which revenue will be derived subject to the
provisions of this Chapter and to Minnesota Statutes. The
storm water drainage utility will be a part of the Public
Work Department and under the administration of the Public
Works Director.
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 Pee.
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
42-1 (6-15-91)
•
•
5 3.07
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 classifica-
tion 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.
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 Public Works Director a
written request for the recomputations
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
42-2 (6-15-91)
•
•
•
5 3.07
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 on or before
October 1 of each year. Such action may be optional or
subsequent to taking legal action to collect delinquent
accounts.
Source: Ordinance No. 101, 2nd Series
Effective Date: 5-25-90
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 Sever 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.
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 Public Works Director a
written request for the recomputation.
42-3 (6-15-91)
•
•
S 3.08
Snbd. 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 on or before
October 1 of each year. Such action may be optional or
subsequent to taking legal action to collect delinquent
accounts.
Source: Ordinance No. 92, 2nd Series
Effective Date: 10-27-89
(Sections 3.09 through 3.19, inclusive, reserved for
future expansion.)
42-4 (6-15-91)
•
•
§ 3.20
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 fire fighting. 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 curb stop 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 twenty-four (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 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.
Source: City Code
Effective Date: 1-1-83
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
43 (4-30-84)
•
§ 3.20
below the surface in all cases so arranged as to prevent
rupture and stoppage by freezing. Frozen service pipes
between the curb stop and the building shall be the respon-
sibility of the owner. Service pipes must extend from the
curb stops 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 seventy feet in length. All joints shall be
left uncovered until inspected. Minimum size connection
with the water mains shall be 3/4 inch in diameter.
Source: Ordinance No. 8, 2nd Series
Effective Date: 4-27-84
Subd. S. 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
announcement 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.
44 (4-30-84)
S 3.20
•
•
•
Subd. 8. 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.
It is also unlawful for any person so authorized to deliver
or suffer to be delivered to any other person any hydrant
key or• wrench, except for the purposes strictly pertaining
to their lawful use.
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 8, 2nd Series
Effective Date: 4-27-84
Subd. 11. Code Requirement. All piping,
connections and appurtenances shall be installed and
performed strictly in accordance with the Minnesota 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.
Source: City Code
Effective Date: 1-1-83
(Sections 3.21 through 3.39, inclusive, reserved for
future expansion.)
45 (4-30-84)
•
•
SEC. 3.40. RULES AND REGULATIONS RELATING TO SEWERAGE
SERVICE.
Subd. 1. Definitions. The following terms, as
used in this Section, shall have the meanings stated:
A. "Sewage" means water -carried waste prod-
ucts from residences, public buildings, institutions or
other buildings or premises, including the excrement or
other discharge from the bodies of human beings or animals,
together with such ground water 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. "Sewerage system" includes all street
lateral, main and intersecting sewers and structures by
which sewage or industrial wastes are collected, trans-
ported, 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 sewerage 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 dir-
ectly or indirectly discharged into the sewerage 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 so
not discharged into the sewerage system. Provided also,
that where it is not practicable to meter the portion of the
water not discharged into the sewerage system, such adjust-
ment 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 consump-
tion 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 sewerage 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
46
(1-1-83)
•
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 con-
sumption 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 sewerage system or to any plant or facilities used in
the treatment or disposal of such sewage. If a user of the
sewerage system discharges excessive loads or any delete-
rious substances therein which are likely to retard or
injuriously affect sewerage operations, he shall discontinue
such practice and such practice is hereby declared to be a
violation of this Section. Each day of such violation
continuing after 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
sewerage system:
A. Liquids having a temperature higher than
150o 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 sewerage system or other inter-
ference with the proper operation of the system.
F. Noxious or maladorous substances capable
of creating a public nuisance.
G. Roof water, ground water, or any other
natural precipitation.
Subd. 6. Unmetered Water Supply. If any premises
discharge normal sewage or industrial waste into the sani-
tary sewerage system, either directly or indirectly, obtain
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 dis-
charge of normal sewage or industrial waste into its sani-
tary sewerage system only when the owner of such premises or
some other interested party shall at his own expense install
47
(1-1-83)
•
and maintain 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 under-
ground 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 equip-
ment 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 installa-
tion and connection to a sewer system shall be the responsi-
bility of the property 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 neces-
sary 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.
Source: City Code
Effective Date: 1-1-83
(Sections 3.41 through 3.59, inclusive, reserved for
future expansion.)
48
(1-1-83)
•
•
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 street
lights 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% 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 remain-
ing unpaid portion shall be assessed against the benefited
property owners as a public improvement following a public
hearing and in full accordance with the provisions of M.S.A.
Chapter 429.
B. Operating Costs. The City Clerk shall
keep a record of the costs of operation of the street light-
ing system, including clerical, administrative and inci-
dental 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. ,
Source: City Code
Effective Date: 1-1-83
(Sections 3.61 through 3.98, inclusive, reserved for
future expansion.)
49
(1-1-83)
•
i
s
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.
Source: City Code
Effective Date: 1-1-83
50
(1-1-83)
•
1
•
(Pages 51 through 60 reserved)
(1-1-83)
4. CONSTRUCTION LICENSING INCLUDING
SIGNS, EVACUATIONS. & MOBILE HOME PARKS
• •
11
4 CONSTRUCTION LICENSING INCLUDING
SIGNS. EVACUATIONS. & MOBILE HOME PARKS
• • •
Title Paoe
CHAPTER 4 CONSTRUCTION LICENSING, PERMITS AND
REGULATION, INCLUDING SIGNS,
EXCAVATIONS AND MOBILE HOME PARRS 61
Sec. 4.01 Building Code Adopted 61
4.02 Permit Fees 61
4.03 Building Permits Required 61-1
4.04-4.09 Reserved
4.10 Permits and Special Requirements
for Moving Buildings 62
4.11-4.19 Reserved
4.20 Placement, Erection and Maintenance
of Signs 64
Subd. 1 Purpose, Construction and
Definitions 64
Subd. 2 Permitted Uses 65
Subd. 3 General Sign Standards . . 65
Subd. 4 Off -Premise Signs 66
Subd. 5 Building Mounted Business
Signs, Standards 67
Subd. 6 Free -Standing Business
Signs, Standards 67
Subd. 7 Exemptions 68
Subd. 8 Non -Conforming Signs . 69
Subd. 9 Sign Permits and Fees. . 69
Subd. 10 Removal 69-1
Table "A" 69-2
4.21 (Repealed)
4.22-4.29 Reserved
4.30 Excavations and Fills 70
4.31-4.39 Reserved
4.40 Construction and Maintenance of
Trailer Coach Parks
4.41-4.49 Reserved
4.50 Placement, Erection and Maintenance
of Wind Energy Conversion Systems
and Radio or TV Towers
4.51-4.59 Reserved
4.60 Construction Headquarters and
Material Storage Areas - Permitted
and Unlawful Act
4.61-4.69 Reserved
77
83
86-1
4.70 Outdoor Swimming Pool 88
4.71-4.98 Reserved
4.99 Violation a Misdemeanor 89
(7-1-94)
CHAPTER 4
CONSTRUCTION LICENSING, PERMITS
AND REGULATION, INCLUDING SIGNS,
EXCAVATIONS AND MOBILE HOME PARKS
SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota
State Building Code (SBC), including:
A. Chapter 1300
B. Chapter 1301
C. Chapter 1302
D. Chapter 1305
E.
F.
G.
Chapter
Chapter
Chapter
- Code Administration.
- Certification and Continuing
Education of Building Officials.
- Building Construction and State
Agency Construction Rules.
- 1988 Uniform Building Code
including required provisions of
Appendix Chapter 35.
1315 - Electrical Code.
1325 - Solar Energy Systems.
1330 - Technical Requirements for
Fallout Shelters.
Flood Proofing Regulations.
Facilities for the Handicapped.
- Minnesota Uniform Mechanical Code
1990 Edition.
1350 - Manufactured Home Rules.
1355 - Plumbing Code.
1360 - Prefabricated Structures.
1365 - Variation of Snow Loads.
1370 - Model Energy Code - Administra-
tive Rule 7670;
also, (1) 1988 Uniform Building Code Appendix, Chapter 1
- Life Safety Requirements for Existing Buildings, Chapter 7
- Covered Mall Buildings, Chapter 55 - Membrane Structures
(air -inflated structures), (2) Minnesota Plumbing Code
Appendix C - Guide for Sizing the Water Supply System,
Appendix D - Sizing the Building Water Supply System; and, (3)
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.
Source: Ordinance No. 111, 2nd Series
Effective Date: 2-15-91
H. Chapter 1335 -
I. Chapter 1340 -
J. Chapter 1346
K.
L.
M.
N.
0.
Chapter
Chapter
Chapter
Chapter
Chapter
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
shall be in the office of the City Clerk -Treasurer and
uniformly enforced.
Source: City Code
Effective Date: 1-1-83
61 (6-15-91)
•
•
•
4.03
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.
Source: Ordinance No. 67, 2nd Series
Effective Date: 9-30-88
Subd. 2. Permits for the installation of
electrical work in new structures shall only be issued to
electrical contractors duly licensed by the State of
Minnesota. 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 of Minnesota or to resident owners of property
where the work is to be done.
Source: Ordinance No. 75, 2nd Series
Effective Date: 1-20-89
(Sections 4.04 through 4.09, inclusive, reserved for
future expansion.)
61-1 (7-1-89)
§ 4.10
•
•
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 weight 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
he 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 of Minnesota. 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.
D. Exemption. This Subdivision shall not
apply to the Minnesota Department of Transportation.
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.
62 (4-30-94)
§ 4.10
•
•
l•
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
the City. IE 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.
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.
63 (4-30-84)
5 4.10
•
•
•
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
sewerage 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% 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 applica-
tion and make such investigation as shall deem 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
63-1 (4-30-84)
§ 4.10
•
•
•
accepted for filing. Notice, including the time, date,
place and purpose of the hearing shall be given by publica-
tion 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 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
hearing the Council shall either deny the
stating one or more of the grounds stated
of this Section, or authorize issuance of
conclusion of the
permit in writing
in Subdivision 13
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 completed, 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.
63-2 (4-30-84)
§ 4.10
•
•
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 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 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.
63-3 (4-30-84)
S 4.10
•
•
•
Subd. 8. Moving Hours. No person shall move any
building on any street at any time other than during the
hours of 1:00 o'clock A.M. to 5:30 o'clock 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 (7) 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
contemplated, 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.
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;
63-4 (4-30-84)
•
•
•
S 4.10
E. The equipment for moving the building is
unsafe and persons and property would he 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. Comparative 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.
Source: Ordinance No. 9, 2nd Series
Effective Date: 4-27-84
(Sections 4.11 through 4.19, inclusive, reserved for
future expansion.)
63-5 (4-30-84)
§ 4.20
SEC. 4.20. PLACEMENT, ERECTION AND 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.
B. Construction. All terms and words used in this
Section shall be given their common sense 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° - Any surface, facing or object upon
which there is printed, painted or artistic matter, design or
lighting.
2. °Business Sign" - 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. °Non -business Signs" - Any sign such as
personal name plate or designation as for residence, 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. °Free -Standing Ground Signs" - A business
sign erected on free-standing shafts, posts or walls which are
solidly affixed to the ground and completely independent of any
building or other structure. Any business free-standing ground
sign which projects more than seven feet above ground level is
considered a pylon sign.
5. "Off -Premise Sign° - 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" - A business sign erected on
free-standing 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° - The gross area, exclusive of
supportive frame, which contains copy or identifying features such
64 (7-1-94)
5 4.20
as a Logo, character or identifying figure. The gross area shall
be calculated as an enclosed area bounded by no more than twelve
(12) straight lines.
8. "Sign Height" - 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 Signe. Business signs are
permitted on property zoned Business, Industrial, Agricultural,
Public Facilities, R 6 D or PD only in conjunction with an approved
Business, Industrial or Agricultural Use.
B. Location of Business Signs in Residential Areas.
Business signs in Residentially zoned areas or areas of PD
designation for residential use only under the following cases:
1. "For Sale" or "For Rent" signs, 4'x4' or
smaller, advertising the premises upon which such sign is located.
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 signs 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 mail boxes, lamp posts, or the like.
D. Moving Parte, Lights. No signs are allowed
which contain moving sections or intermittent or flashing lights,
except for intermittent display of time and temperature.
E. Source of Lighting. No signs are permitted for
which the source of light is directly visible to passing
pedestrians or vehicle traffic.
P. Painted Signs on Buildings. No signs are
allowed which are painted directly upon the walls of a building.
65 (7-1-94)
•
•
•
S 4.20
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
professional sign makers.
Subd. 4. Off -Premise Signs.
A. No off -premise sign shall be permitted in any
zone within the City except as permitted under Subd. 4 hereof.
E. The owner of an existing off -premise sign may
construct a new off -premise 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.
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 -premise 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 free-standing ground sign or pylon sign.
8. No sign shall be located within 200 feet of
any residentially zoned district.
66 (7-1-94)
•
5 4.20
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.
B. 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, Subd. 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% of the gross
area of a side.
D. Sign Protection. No sign mounted upon a
building is allowed to project more than eighteen 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.
Subd. 6. Free -Standing Business Signs, Standards.
A. Free -Standing 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 free-standing sign.
No pylon sign may be located within 300 feet of any other pylon
67 (7-1-94)
•
•
S 4.20
B. Pylon Signs. Up to one allowed per
building. When used, a pylon sign is allowed in lieu of a
free-standing ground 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 of this Subdivision.
Source: Ordinance No. 3, 2nd Series
Effective Date: 4-26-83
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 free-standing 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.
Source: Ordinance No. 16
Effective Date: 3-25-76
D. Freeway Locations. An on -premise pylon
sign for identification purposes is allowed for a business
67-1 (4-30-84)
•
§ 4.20
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 free-standing 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 -premise 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 free-standing 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
D. Signs warning of hazardous conditions.
E. Simple information signs, such as "Exit",
"Loading Dock", etc.
site.
F. Simple name plate 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.
O. Signs erected by a recognized unit of government
having jurisdiction in the City, or a school district within the
boundaries of the school district.
68 (7-1-94)
4 4.20
R. 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 twenty
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. Non -Conforming 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. Any non -conforming temporary or portable sign
existing on the effective date of this Section shall be made to
comply with the requirements set forth herein or shall be removed
within sixty (60) days from the effective date of this Section.
C. 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 non -conforming 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 Pees.
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 Pees. 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
Inspections Department shall
except that applications for
signs, pylon signs and any
submitted to the Council for
•
of Applications. The Protective
approve all sign permit applications
approval of permits for advertising
sign requiring a variance shall be
final approval.
69 (7-1-94)
§ 4.20
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 determined 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.
Source: Ordinance No. 167, 2nd Series
Effective Date: 6-18-93
69-1 (7-1-94)
•
•
E 4.20
TABLE "A"
Number of
Signs Location Square Feet Surfaces
1. Highway 3 - 1.4 miles
South of County Road 32 500 Square Feet 2
2. Highway 55 - Junction
Highway 169 500 Square Feet 2
3. Highway 55 - East of
Lexington 110 Square Feet 2
4. Highway 13 - Between
Cedar and Rahn 110 Square Feet 2
5. Highway 13 - At Silver
Bell 1,344 Square Feet 2
6. Highway 13 - Between
Cedar and County Rd. 30 250 Square Feet 1
7. MN 77 - North of Highway
13 (On Railroad) 756 Square Feet 2
8. MN 77 - Between County
Roads 30 and 32 756 Square Feet 2
9. MN 77 - North of
Highway 13 756 Square Feet 2
10. I-35E - North of
Lone Oak 756 Square Feet 2
11. I-35E - South of
Diffley Road 500 Square Feet 2
12. Highway 169 - South of
Yankee Doodle Road 110 Square Feet 3
13. I 494 - West of Pilot
Knob Road
14. I 494 - Junction of
I-35E
756 Square Feet 2
756 Square Feet 2
TOTALS 7,960 Square Feet 20
69-2 (7-1-94)
SEC. 4.21
adopted 9-16-91
1992, declared
(Sections
expansion.)
•
4 4.21
(Repealed by Ordinance No. 129, 2nd Series,
• Ordinance No. 142, 2nd Series, adopted May 20,
a moratorium which expired December 31, 1992.)
4.22 through 4.29, inclusive, reserved for future
69-3 (7-1-94)
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.
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 exist-
ing 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 following 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 construc-
tion 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 hook-ups 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
Dakota 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.
C. Any such excavation now being operated
and maintained shall have a period of one (1) year from and
after the date of passage hereof within which to make appli-
cation for permit in accordance herewith.
(1-1-83)
70
•
•
•
S 4.30
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. Name and address and signatures of
applicants and owner of the land.
3. Copies of any agreements contem-
plated 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.
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 27, 2nd Series
Effective Date: 2-7-86
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 finished
elevations at 2-foot minimum contours based on sea level
readings.
information:
8. The following additional
(a) Landscape plan for setback
areas.
(b) Location and surface of access
roads.
71 (6-15-86)
•
•
§ 4.30
(c) Method of controlling dust.
(d) Hours of operation.
(e) Method of maintaining security
on premises.
(f) Method of controlling weeds.
C. The Council may refer such application to
the Planning Commission for review and recommendation.
Subd. 4. Annual License Fee.
A. A permit fee in the sum fixed by resolu-
tion of the Council for each excavation permit or fill
71-1 (6-15-86)
•
•
•
permit is required. In the event said application for
permit is denied, such fee shall be returned to the appli-
cant less reasonable costs incurred by the City for process-
ing 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 1st, 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 inspec-
tion, 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 receipts 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 fol-
lowing 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 o'clock A.M. nor after 7:00 o'clock 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.
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 1 to 1.
F. Manufacturing or Processing Prohibited
Exception. A conditional use permit shall be required for
the manufacturing or processing of any material on the site.
72
(1-1-83)
•
•
•
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. Waste Water. Applicant shall dispose of
all waste water 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 reason-
able 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 road-
way to eliminate accumulation of material spillage and to
minimize dust conditions. Said access roads shall be
cleaned as needed to maintain lowest possible dust condi-
tions. 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 load 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.
0. 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
operations which applicant shall agree to be bound by. For
failure to comply with same, or with the agreement or appli-
cable provisions of the City Code, rules and regulations,
applicant shall cease operations immediately upon receipt of
written notice by the Council or its authorized representa-
tive unless within the time specified he shall remove such
default.
73
(1-1-83)
•
•
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.
Q. Restoration. Applicant shall provide
topsoil or other approved cover material over all disturbed
areas. The excavation plan shall provide detailed informa-
tion 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.
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 pur-
pose 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 high-
ways, 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
74
(1-1-83)
•
•
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 dis-
turbed at any time, running to the City, conditioned to pay
the City the cost 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 insur-
ance company authorized to do business in the State of
Minnesota. 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 Administrator 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 dif-
ferent site within the City, he shall comply with all appli-
cable 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 Com-
mercial 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.
75
(1-1-83)
•
•
B. Applications for permits for operations
which are expected to continue for three years or longer
shall comply with the conditional use permit procedure pro-
vided in the Zoning Chapter.
Subd. 11. Violations.
A. Any person who shall fail to obtain a
permit as herein required, or shall fail to comply with any
of the conditions upn 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 Sec-
tion and if the Council shall order any positive act to be
done to conform with the work being done with that author-
ized by the permit, the same shall be completed before any
further filling, excavating or grading is done and within
ten (10) days after mailing a notice to do said acts, to the
person to whom the permit was issued.
Source: City Code
Effective Date: 1-1-83
(Sections 4.31 through 4.39, inclusive, reserved for
future expansion.)
76
(1-1-83)
•
•
•
SEC. 4.40. CONSTRUCTION AND MAINTENANCE OF TRAILER
COACH PARRS.
Subd. 1. Purpose, Construction and Definitions.
A. Purpose. This Section is enacted pur-
suant to Minnesota Statutes Annotated Section 412.221 and
other applicable laws of the State of Minnesota for the
purpose of promoting the health, safety, order, convenience
and general welfare of the City by regulating the establish-
ment, maintenance 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 Sec-
tion, the following definitions shall prevail unless a dif-
ferent 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 build-
ing 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 herein-
after 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 of the State of Minnesota.
77
(1-1-83)
•
•
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.
Source: Town of Eagan Ordinance No. 2
Effective Date: 1-30-69
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.
Source: City Code
Effective Date: 1-1-83
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 of
Minnesota, 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 of Minne-
sota. Such certificate shall expire and be renewable in
each year on the 15th day of February.
F. Non -Compliance. Failure to obtain such
certificate of continued operation is prima facie evidence
of non-compliance with State law.
Subd. 4. Trailer Coach Park Construction, Design
and Operation Requirements.
A. Building Codes. The construction of
trailer coach park shall comply with the provisions of all
applicable building codes.
78
(1-1-83)
•
•
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 accumula-
tion of storm or other waters. All storm water ponding or
pooling areas shall be controlled by the operator by what-
ever 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. Hook-up 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 of Minnesota 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 five thousand (5,000) square feet, with the lot
width at the mobile home front facing the street of not less
than fifty (50) feet, a Twin 10 or Twin 12 trailer shall
require a front of sixty (60) feet. Each trailer placed
upon a lot shall be placed with the following minimum
setbacks:
1. Front - Fifteen (15) feet from the
sidewalk.
2. Rear - Fifteen (15) feet from the
lot line.
3. Sides - No trailer may be located
less than twenty (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 (2) front setbacks.
F. Curbs and Gutters. All streets and road-
ways 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 thirty-two (32) feet for collector streets
and twenty-eight (28) feet for minor streets, unless pro-
jected 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 unob-
structed access to a public street, road or alley.
G. Sidewalks. A concrete sidewalk not less
than thirty (30) inches wide shall be constructed adjacent
to the street. A variance can be granted for lots located
within areas such as cul de sacs, where in the opinion of
the Planning Commission, sidewalks shall serve no useful
purpose. The variance shall require the Council approval.
79
(1-1-83)
•
•
H. Off -Street Parking. Off-street parking
shall be provided for at least two (2) spaces per mobile
home lot. Parking on streets and roadways shall be prohi-
bited 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 fifteen (15)
mile per hour speed limit. It is unlawful for any vehicle
to travel in excess of fifteen (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 fifteen (15) per cent 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 fifty (50) feet on all property boundaries.
Such setbacks will be planted with a dense combination of
trees, shrubs and bushes 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.
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
1st, 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. Occupant Density. No trailer home shall
be inhabited by a greater number of occupants than for which
it was designed.
80
(1-1-83)
•
Q. Vehicle Storage. No boats, boat
trailers, utility trailers, travel trailers or other vehi-
cles 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 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. Extension of Time When Permitted. Any
person using, dwelling in or occupying a trailer contrary to
the provisions of this Section at the time of passage or the
operator of any trailer coach park which does not comply
with this Section, may make an application to the Council in
81
(1-1-83)
•
•
writing and within the next thirty (30) days after such
passage, for an extension of time of one (1) year from the
effective date of this Section within which to comply with
this Section.
Subd. 6. 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, shall subject the operator of such
park to having his certificate of continued operation sus-
pended 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.
Source: Town of Eagan Ordinance No. 2
Effective Date: 1-30-69
(Sections 4.41 through 4.49, inclusive, reserved for
future expansion.)
82
(1-1-83)
•
•
•
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 common sense meaning
considered in context, except as hereinafter specifically
defined.
C. Definitions.
1. "Wind Energy Conversion System" - A
device such as a windcharger, windmill, or windturbine which
converts wind energy to another form of usable energy such
as electricity or heat.
2. "Radio or TV Antenna" - Any radio or
TV antenna in excess of the height limitation imposed by
City Code Chapter 11.
3. "Tower" - 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
conditions as established by the Building Official. The
application shall also provide to the City documentation
83
(1-1-83)
•
•
that the tower structure for the system has received certi-
fication by an "appropriate" professional engineer
registered in the State of Minnesota.
Subd. 3. Requirements and Specifications. All
energy conversion systems and radio/TV towers (where appli-
cable) 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 of Minnesota.
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 foundation areas, shall be constructed or maintained
at any time permanently or temporarily, 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 lilnes 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 con-
version 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,
Minnesota State Statutes and regulations, and City Code
provisions.
(1-1-83)
84
•
•
J. All lines and wires extending substan-
tially 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 com-
mercial radio/TV towers shall be guarded against unauthor-
ized climbing. The first 12 feet of the tower shall be
unclimbable by design or enclosed by a 6-foot high,
nonclimbable fence with a lockable gate.
L. Personal TV and radio towers shall be
unclimbable by design for the first 8 feet or completely
surrounded by a fence in excess of 3 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 systems
manufacturer, and energy shutdown procedures.
0. All wind energy conversion systems and
TV/radio antennas shall comply with the Minnesota 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 conver-
sion system with the consumer's electric service shall be
performed pursuant to all applicable Federal and Minnesota
regulations. The owner shall notify their local electric
utility company in advance of such interface. The company
shall review and comment upon any application affecting
their 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 appli-
cants 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
85
(1-1-83)
•
•
•
S 4.50
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 twelve (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 antennae 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.
Source: City Code
Effective Date: 1-1-83
(Sections 4.51 through 4.59, inclusive, reserved for
future expansion.)
86 (1-1-83)
•
•
5 4.60
SEC. 4.60. CONSTRUCTION HEADQUARTERS AND MATERIAL
STORAGE AREAS - PERMITTED AND UNLAWFUL ACT. 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
thirty days after final City inspection of 85 per cent 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.
Source: Ordinance No. 9, 2nd Series
Effective Date: 4-27-84
(Sections 4.61 through 4.69, inclusive, reserved for
future expansion.)
87
(7-1-89)
•
•
$ 4.70
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 non -climbing type so as to be inpenetrable by toddlers
and afford no external handholds or footholds.
C. All existing outdoor swimming pools shall
comply with this Section by May 15, 1989.
Subd. 3. Exceptions. This Section does not apply
to above -ground outdoor swimming pools having at least four
foot high vertical or outward inclined side walls, 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.
Source: Ordinance No. 70, 2nd Series
Effective Date: 11-25-88
(Sections 4.71 through 4.98, inclusive, reserved for
future expansion.)
88 (7-1-89)
•
•
•
§ 4.99
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.
Source: City Code
Effective Date: 1-1-83
(Pages 90 through 97 reserved)
89 (7-1-89)
5. BEER. WINE & LIQUOR LICENSING
o • o
5. BEER, WINE & LIQUOR LICENSING
• • •
Title Page
4111 CHAPTER 5 BEER, WINE AND LIQUOR LICENSING
AND REGULATION 98
•
Sec. 5.01 Definitions 98
5.02 Applications and Licenses Under This
Chapter - Procedure and Administra-
tion 101
5.03 Renewal of Licenses 106
5.04 Delinquent Taxes and Charges 106-1
5.05 Limitation on Ownership 106-1
5.06 Conditional Licenses 106-1
5.07 Premises Licensed 106-1
5.08 Unlawful Acts 106-1
5.09 Conduct on Licensed Premises 106-2
5.10 Sale By Employee 106-2
5.11 License Condition and Unlawful Act . . 106-2
5.12 Minors as Defined in Section 5.01 -
Unlawful Acts
5.13 Financial Responsibility of Licensees.
5.14 Insurance Certificate Requirements . .
5.15 Gambling Prohibited
5.16 Consumption and Possession of
Alcoholic Beverages on Streets,
Public Property, and Private Parking
Lots to Which the Public Has Access.
107
107-1
107-2
107-2
107-2
5.17 Alcoholic Beverages in Certain
Buildings and Grounds 107-3
5.18 Worker's Compensation 107-3
5.19-5.29 Reserved
5.30 Beer License Required 108
5.31 Beer License Fees 108
5.32 Temporary Beer License 108
5.33 Beer License Restrictions and
Regulations 109
5.34 Hours and Days of Beer Sales 109
5.35 Unlawful Acts (Beer) 110
41115.36-5.49 Reserved
i (5-31-92)
•
•
•
Title Page,
Sec. 5.50 Liquor License Required 111
5.51 Liquor License Pees 111
5.52 Liquor License Restrictions and
Regulations 112
5.53 Hours and Days of Liquor Sales . . 114
5.54 Sunday Sales 114
5.55 Unlawful Acts (Liquor) 115
5.56 Sports or Convention Facilities
License 115
5.57 Temporary Liquor License 115
5.58-5.69 Reserved
5.70 On -Sale Wine 116
5.71 Hours and Days of Sales By On -Sale
Wine Licensees 118
5.72 Unlawful Acts (Wine) 118
5.73-5.79 Reserved
5.80 Consumption and Display- One Day
License 119
5.81 Consumption and Display 119
5.82-5.89 Reserved
5.90 Nudity or Obscenity Prohibited . . . 120
5.91-5.98 Reserved
5.99 Violation a Misdemeanor 121
11 (6-15-91)
•
O
CHAPTERS
BEER, WINE AND LIQUOR
LICENSING AND REGULATION
SECTION 5.01. DEFINITIONS. As used in this Chapter,
unless otherwise stated in specific sections, the following
words and terms shall have the meanings stated:
1. "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.
2. "Applicant" means any person making an
application for a license under this Chapter.
3. "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.
4. "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.)
5. "Brewer" means a person who manufactures beer
for sale.
6. "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.
7. "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
fifty 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.
98 (6-15-86)
•
•
•
5 5.01
8. "Commissioner" means the Minnesota
Commissioner of Public Safety.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
9. '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.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
10. "General Food Store" means any place of
business carrying a stock of food supplies and primarily
engaged in selling food and grocery supplies to the public.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
11. 'Hotel" means and includes any establishment
having a resident proprietor or manager, where, in consider-
ation of payment therefor, food (consisting of a full menu
as distinguished from exclusively "fast food" items such as
pizza, hamburgers and other sandwiches) and lodging are
regularly furnished to transients, and which contains not
less than 25 guest rooms with bedding and other suitable and
necessary furnishings in each room, and which is provided
with a suitable lobby, desk and office for the registration
of its guests at the main entrance and on the ground floor,
which employs an adequate staff to provide suitable and
usual service, and which maintains under the same management
and control as the rest of the establishment and has an
integral part thereof a dining room with appropriate
facilities for seating not less than 50 guests at one time,
where the general public is, in consideration of payment
therefor, served with meals at tables, where the principal
part of the business (meaning at least 50% of the gross
income from sales during each calendar quarter) is from
serving foods and furnishing lodging, and where there is an
appraised value of at least $350,000.00 as to the building
or portion of the building associated with liquor sales.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
12. "License' means a document, issued by the
City, to an applicant permitting him to carry on and
transact the business stated therein.
99 (6-15-91)
•
•
S 5.01
13. "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.
14. '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.
15. 'Licensed Premises" means the premises
described in the issued license.
16. 'Liquor' means ethyl alcohol and distilled,
fermented, spirituous, vinous and malt beverages 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.)
17. "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.
18. "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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
19. "Minor" means any natural person who has not
attained the age of 21 years.
Source: Ordinance No. 80, 2nd Series
Effective Date: 6-30-89
20. "Off -Sale" means the sale of alcoholic
beverages in original packages for consumption off the
licensed premises only.
21. "On -Sale" means the sale of alcoholic
beverages for consumption on the licensed premises only.
22. "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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
100 (6-15-91)
•
•
•
5 5.01
23. 'Restaurant° means an establishment, other
than a hotel, under the control of a single proprietor or
manager, having appropriate facilities for the serving of
meals, (consisting of a full menu as distinguished from
exclusively 'fast food' items such as pizza, hamburgers and
other sandwiches) and where, in consideration of payment
therefor, meals are regularly served at tables to the
general public, which employs an adequate staff to provide
the usual and suitable service to its guests, the principal
part of the business (meaning at least 508 of the gross
income from sales during each calendar quarter) being the
serving of foods, and which shall have seating facilities
for seating not less than 50 guests at one time.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
24. "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.
25. 'Wholesaler' means any person engaged in the
business of selling alcoholic beverages to a licensee from a
stock maintained in a warehouse.
26. "Wine" means a beverage made without rectifi-
cation or fortification by the fermentation of sound ripe
grapes, grape juice, other fruits, or honey, and also
carbonated wine, wine made from condensed grape must, wine
made from other agricultural products, imitation wine,
compounds sold as wine, vermouth, cider, perry and sake,
containing not less than one-half of one percent nor more
than fourteen percent alcohol by volume. (This definition
includes so-called "wine coolers" with the alcoholic content
limits stated herein.)
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
SEC. 5.02. APPLICATIONS AND LICENSES UNDER TSIS
CHAPTER - PROCEDURE AND ADMINISTRATION.
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 of Minnesota,
then together with such additional information as the Coun-
cil 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.
101 (6-15-91)
•
•
•
5 5.02
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.
Source: City Code
Effective Date: 1-1-83
101-1 (6-15-91)
S 5.02
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 (5) having an interest in the proposed liquor
establishment shall be required. An escrow of $1,000.00 for
applicants residing in Minnesota, and $2,000.00 for
applicants residing outside of the State of Minnesota, shall
be required to reimburse the City for out-of-pocket investi-
gative 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 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.
Source: Ordinance No. 39, 2nd Series
Effective Date: 4-17-87
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 of Minnesota, 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 licensed 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.
Source: City Code
Effective Date: 1-1-83
102 (6-15-87)
5 5.02
C. License Refundment 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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
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% 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.
Source: Ordinance No. 58, 2nd Series
Effective Date: 6-24-88
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.
Source: City Code
Effective Date: 1-1-83
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 Minnesota 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 violation. One copy of the report shall be given to the
Chief of Police, the licensee, and the City Clerk, respec-
tively. 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
103 (7-1-89)
§ 5.02
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 fifteen
nor more than thirty days prior to the hearing date, stating
the date, time and purpose thereof.
Source: Ordinance No. 63, 2nd Series
Effective Date: 6-24-88
H. Penalty. The Council shall revoke or
suspend, for a period not to exceed sixty 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 fifteen days of its
imposition by the Council, the license shall be permanently
suspended until the fine is paid.
Source: Ordinance No. 80, 2nd Series
Effective Date: 6-30-89
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 prem-
ises; 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
104 (7-1-89)
3 5.02
interest. The list shall name all shareholders and show the
number of shares held by each, either individually or bene-
ficially for others. 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 thirty 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 shareholders,
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.
Source: Ordinance No. 63, 2nd Series
Effective Date: 6-24-88
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 for issuance of the duplicate. All
duplicate licenses shall be clearly marked DUPLICATE.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
Subd. 6. Posting. All licensees shall conspic-
uously post their licenses in their places of business.
Source: City Code
Effective Date: 1-1-83
Subd. 7. Resident Manager or Agent. Before a
license is issued under this Chapter to an individual who is
a non-resident of the State, to more than one individual
whether or not they are residents of the State, or to a
105 (6-15-91)
3 5.02
•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.
Source: Ordinance No. 5, 2nd Series
Effective Date: 11-8-83
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 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 twenty-one years; or, (5) a person not of good moral
character and repute.
Source: Ordinance No. 65, 2nd Series
Effective Date: 8-26-88
•
E. 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.
Source: Ordinance No. 139, 2nd Series
Effective Date: 5-15-92
SEC. 5.03. RENEWAL OF LICENSES. Applications for
renewal of all licenses under this Chapter shall be made at
least sixty (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.
106 (5-31-92)
•
•
S 5.04
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% 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%
beneficial interest in the entity owning such premises.
Source: City Code
Effective Date: 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.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
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.
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.
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 twenty
(20) minutes after the hour when a sale thereof can legally
be made.
106-1 (6-15-91)
•
•
S 5.08
Subd. 2. Removal of Containers. It isunlawful
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 twenty (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 thirty (30) minutes
after the legal time for making licensed sales.
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.
Source: City Code
Effective Date: 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.
Source: Ordinance No. 65, 2nd Series
Effective Date: 8-26-88
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.
Source: City Code
Effective Date: 1-1-83
106-2 (8-31-88)
• ACTS.
S 5.12
SEC. 5.12. MINORS AS DEFINED IN SECTION 5.01 - UNLAWFUL
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.
4111 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.
•
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
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 eighteen 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 eighteen 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.
Source: Ordinance No. 48, 2nd Series
Effective Date: 6-12-87
107 (5-31-92)
5 5.12
Subd. 5. Misrepresentation of Age. It is unlawful for
a minor to misrepresent his age for the purpose of purchasing an
alcoholic beverage.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
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 Minnesota,
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.
Source: Ordinance No. 181, 2nd Series
Effective Date: 6-24-94
SEC. 5.13. FINANCIAL RESPONSIBILITY OP 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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
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.
107-1 (7-1-94)
•
§ 5.13
IIIISubd. 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 Minnesota Commissioner of Public Safety.
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 thirty days' written notice served upon the
City. Cancellation or termination of such coverage shall be
grounds for license revocation.
Source: Ordinance No. 11, 2nd Series
Effective Date: 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 Minnesota Charitable Gambling
Control Board and then only except as it complies with the
established policy of the City. Pull -tab sales by a
4111 non-profit organization may be conducted in an area leased by
said organization separate from the bar 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.
Source: Ordinance No. 40, 2nd Series
Effective Date: 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
107-2 (5-31-92)
S 5.16
4111 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.
Source: Ordinance No. 59, 2nd Series
Effective Date: 6-24-88
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.
Source: Ordinance No. 139, 2nd Series
Effective Date: 5-15-92
SEC. 5.18. WORKER'S 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 worker's
4111 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.
•
Source: Ordinance No. 116, 2nd Series
Effective Date: 6-14-91
(Sections 5.19 through 5.29, inclusive, reserved for
future expansion.)
107-3 (5-31-92)
•
•
•
5 5.30
SRC. 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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
SEC. 5.31. BEER LICBNSB PEES.
Subd. 1. The annual on -sale beer license fee is
$350.00.
Subd. 2. The annual off -sale beer license fee is
$75.00.
Source: Ordinance No. 109, 2nd Series
Effective Date: 12-28-90
Subd. 3. The daily temporary on -sale beer license
fee is $25.00.
Source: Ordinance No. 28, 2nd Series
Effective Date: 2-7-86
CODIFIER'S NOTE: MSA 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
religious, or non-profit organization,
office or principal place of activity
qualify for a temporary on -sale beer
beer on and off school grounds, and
buildings.
shall
sale.
Subd. 2. Conditions.
club or charitable,
having its registered
within the City, shall
license, for serving
in and out of school
A. An application for a temporary license
state the exact dates and place of proposed temporary
B. No applicant shall
temporary license for more than a total of
any calendar year.
qualify for a
four (4) days in
108 (6-15-91)
•
•
•
S 5.33
SEC. 5.33. BEER LICENSE RESTRICTIONS AND REGULATIONS.
Subd. 1. (Repealed by Ordinance No. 31, 2nd
Series, adopted 5-6-86.)
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.
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.
Source: City Code
Effective Date: 1-1-83
Subd. 4. No person who has not attained the age
of eighteen (18) years shall be employed to sell or serve
beer in any on -sale establishment.
Source: Ordinance No. 48, 2nd Series
Effective Date: 6-12-87
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, or 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.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
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.
Source: City Code
Effective Date: 1-1-83
SEC. 5.34. BOORS AND DAYS OF BEER SALES. No sale of
beer shall be made between the hours of 1:00 o'clock A.M.
and 8:00 o'clock A.M. on the days of Monday through
Saturday, nor between the hours of 1:00 o'clock A.M. and
12:00 o'clock noon on Sunday.
Source: Ordinance No. 65, 2nd Series
Effective Date: 8-26-88
109 (6-15-91)
•
•
S 5.35
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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
(Sections 5.36 through 5.49, inclusive, reserved for
future expansion.)
110 (6-15-87)
•
•
S 5.50
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 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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
SEC. 5.51. LIQUOR LICENSE PEES.
$4,000.00.
Subd. 1. The annual on -sale liquor license fee is
Source: Ordinance No. 109, 2nd Series
Effective Date: 12-28-90
Subd. 2. The annual off -sale liquor license fee
is $200.00.
$200.00.
Subd. 3. The annual Sunday liquor license fee is
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
111 (6-15-91)
3 5.51
IIIISubd. 5. The daily sports or convention facilities
liquor license fee is $50.00.
$150.00.
Source: City Code
Effective Date: 1-1-83
Subd. 6. The temporary liquor license fee is
Source: Ordinance No. 99, 2nd Series
Effective Date: 6-15-90
CODIFIER'S NOTE: MSA 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. Prior to issuance of any license the
applicant shall file with the City a bond with a corporate
surety, cash, or United States government bonds in the sum of
$5,000.00 for an on -sale license and $3,000.00 for an off -sale
license.
Source: Ordinance No. 11, 2nd Series
Effective Date: 4-27-84
Subd. 2. (Repealed by Ordinance No. 139, 2nd
4111 Series, adopted 5-5-92.)
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 of Minnesota.
Source: City Code
Effective Date: 1-1-83
Subd. 4. (Repealed by Ordinance No. 31, 2nd Series,
adopted 5-6-86.)
Subd. 5. No person under the age of eighteen (18)
years shall be employed upon premises, or in any rooms
constituting the same, except that persons under the age of
eighteen years may be employed as musicians or to perform the
duties of a busboy or dishwashing services in places defined
as a restaurant or hotel.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
Subd. 6. No licensee shall sell, offer for sale, or
4111 keep for sale, liquor in any original package which has been
refilled or partly refilled.
112 (5-31-92)
5 5.52
Subd. 7. No licensee shall display liquor to the public
during hours when the sale of liquor is prohibited.
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
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.
Source: City Code
Effective Date: 1-1-83
Subd. 10. On -sale licenses shall be granted only to
hotels, restaurants and clubs.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
Subd. 11. Eighteen (18) on -sale licenses may be
authorized as of June 5, 1990. A11 on -sale licenses shall be for
premises situated in a commercial or industrial use district under
a conditional use permit. The eighteen (18) licenses shall be
distributed as follows:
A. Three (3) licenses for hotels;
B. Seven (7) licenses for restaurants with at least
$350,000.00 building valuation (exclusion of leasehold
improvements, equipment or common areas); and,
C. Eight (8) for other restaurants.
Source: Ordinance No. 173, 2nd Series
Effective Date: 1-14-94
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
113 (7-1-94)
•
5 5.52
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. A11 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.
Source: Ordinance No. 174, 2nd Series
Effective Date: 1-14-94
113-1 (7-1-94)
•
•
•
5 5.52
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.
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 11, 2nd Series
Effective Date: 4-27-84
Subd. 15. Coin -operated amusement devices may not
be located on premises licensed for off -sale of liquor.
Source: Ordinance No. 65, 2nd Series
Effective Date: 8-26-88
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 o'clock A.M. on Sunday, nor between the hours of
1:00 o'clock A.M. and 8:00 o'clock A.M. on Monday through
Saturday. No off -sale shall be made on Sunday nor before
8:00 o'clock A.M. or after 8:00 o'clock P.M. of any day,
except Friday and Saturday on which days off -sale may be
made until 10:00 o'clock 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 o'clock P.M. No sale of liquor shall be made
after 8:00 o'clock P.M. on December 24.
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 thirty guests at one time. The hours of such sales
shall be from 10:00 o'clock A.M. on Sunday to 1:00 o'clock
A.M. on Monday in conjunction with the serving of food,
provided that the licensee establishment is in conformance
with the Minnesota Clean Indoor Air Act.
Source: Ordinance No. 89, 2nd Series
Effective Date: 10-13-89
114 (6-15-90)
•
•
§ 5.55
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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
SEC. 5.56. SPORTS OR CONVENTION FACILITIES 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 participat-
ing 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.
Source: City Code
Effective Date: 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 non-profit organization in existence for at least
three years.
115 (7-1-89)
•
•
•
5.57
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.
Source: Ordinance No. 80, 2nd Series
Effective Date: 6-30-89
(Sections 5.58 through 5.69, inclusive, reserved for
future expansion.)
115-1 (7-1-89)
4 5.70
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 of Minnesota,
(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.
Source: City Code
Effective Date: 1-1-83
Subd. 2. On -Sale Wine License Fee.
$400.00.
• is $100.00.
•
A. The annual on -sale wine license fee is
Source: Ordinance No. 109, 2nd Series
Effective Date: 12-28-90
B. The annual Sunday on -sale wine license fee
CODIFIER'S NOTE: MSA 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. Prior to issuance of any on -sale wine
license the applicant shall file with the City a bond with a
corporate surety, cash, or United States government bonds in
the sum of $3,000.00.
Source: Ordinance No. 11, 2nd Series
Effective Date: 4-27-84
B. (Repealed by Ordinance No. 139, 2nd Series,
adopted 5-5-92.)
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 of Minnesota.
Source: City Code
Effective Date: 1-1-83
116 (5-31-92)
•
•
•
S 5.70
D. (Repealed by Ordinance No. 31, 2nd
Series, adopted 5-6-86.)
E. No person under eighteen (18) years of
age may be employed in a place where liquor is sold for
consumption on the premises, except persons under eighteen
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 eighteen may not serve or sell
any wine.
Source: Ordinance No. 48, 2nd Series
Effective Date: 6-12-87
F. No licensee shall display wine to the
public on days or during hours when the sale of wine is
prohibited.
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
R. 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 appropriate 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.
Source: City Code
Effective Date: 1-1-83
117 (6-15-91)
•
•
5 5.70
R. Persons who hold both an on -sale wine
license and an on -sale beer license, and whose gross
receipts are at least 50% attributable to the sale of food,
may sell intoxicating malt liquor (strong beer) at on -sale
without an additional license.
Source: Ordinance No. 103, 2nd Series
Effective Date: 7-27-90
SEC. 5.71. HOURS AND DAYS OF SALES BY ON -SALE WINE
LICENSEES. No on -sale of wine shall be made between 1:00
o'clock A.M. and 10:00 o'clock A.M. on Sunday, nor between
the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on
Monday through Saturday, nor between the hours of 8:00
o'clock P.M. on December 24 and 8:00 o'clock A.M. on
December 25. Provided, however, that the sale of wine shall
be made between the hours of 10:00 o'clock A.M. on Sunday
and 1:00 o'clock A.M. on Mondays, only if the licensee
establishment is in conformance with the Minnesota Clean
Indoor Air Act.
Source: Ordinance No. 89, 2nd Series
Effective Date: 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.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
(Sections 5.73 through 5.79, inclusive, reserved for
future expansion.)
. 118 (6-15-91)
•
•
•
S 5.80
SEC. 5.80. CONSUMPTION AND DISPLAY - ONE DAY LICENSE.
Subd. 1. Prohibition. (Repealed by Ordinance No.
11, 2nd Series, adopted 2-21-84.)
Subd. 2. License Required. Any non-profit
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
(10) 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.
Source: City Code
Effective Date: 1-1-83
SEC. 5.81. CONSUMPTION AND DISPLAY.
Subd. 1. Definition. For purposes of this
Section, the term "bottle club" is a "club" as defined in
this Chapter, or an unincorporated society which, except for
its lack of incorporation, otherwise meets the requirements
of a club, and which is not otherwise licensed for the sale
of liquor, either on -sale or off -sale or both.
Subd. 2. Consumption and Display License
Required. It is unlawful for any bottle club or for any
business establishment to allow the consumption or display
of liquor or the serving of any liquid for the purpose of
mixing liquor without a license therefor from the City, but
a bottle club as herein defined and licensed may permit its
members to bring and keep a personal supply of liquor in
lockers assigned to such members.
Subd. 3. Consumption and Display License Fee.
The annual consumption and display license fee is $300.00.
Subd. 4. Consumption and Display Restrictions and
Regulations.
119 (4-30-84)
•
•
•
S 5.81
A. Every bottle, container or other
receptacle containing liquor stored by a member of a bottle
club shall have attached to it a label signed by the member
of the club, shall be kept in a locker designated to the use
of such member, and no other liquor shall be on bottle club
premises.
Source: Ordinance No. 11, 2nd Series
Effective Date: 4-27-84
B. It is unlawful for any minor to be
assigned a locker for the storage of liquor or to consume or
display liquor on any premises under control by such club.
Source: Ordinance No. 48, 2nd Series
Effective Date: 6-12-87
C. No licensee may permit a person to
consume or display liquor, and no person may consume or
display liquor, between 1:00 o'clock A.M. and 12:00 o'clock
noon on Sundays, and between 1:00 o'clock A.M. and 8:00
o'clock A.M. on Monday through Saturday.
Source: Ordinance No. 31, 2nd Series
Effective Date: 6-6-86
D. No license shall be issued to any bottle
club when a member of the board, management, executive
committee, or other similar body chosen by its members, or
when a business establishment or the owner thereof holds a
Federal retail liquor dealer's special tax stamp for the
sale of liquor.
E. Liquor sold, served or displayed in
violation of this Section shall be subject to seizure for
purposes of evidence.
Subd. 5. Other Licenses. An on -sale liquor or
wine licensee may also be licensed for consumption and
display.
Source: Ordinance No. 11, 2nd Series
Effective Date: 4-27-84
(Sections 5.82 through 5.89, inclusive, reserved for
future expansion.)
119-1 (6-15-87)
•
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 imme-
diately 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 sado-masochistic 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. "Sado-masochistic abuse" means flagella-
tion 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 masturba-
tion, 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 con-
duct 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 perfor-
mance, or continued use of obscenities by any agent,
employee, patron or other person.
Source: City Code
Effective Date: 1-1-83
(Sections 5.91 through 5.98, inclusive, reserved for
Future expansion.)
120
(1-1-83)
•
•
•
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.
Source: City Code
Effective Date: 1-1-83
121
(1-1-83)
•
•
•
(Pages 122 through 131 reserved)
(1-1-83)
6. OTHER BUSINESS REGULATION
& LICENSING
• • •
Title Pose
Sec. 6.45 Pawn Shop License 167
Subd. 1 License Required 167
Subd. 2 Initial License Application167
Subd. 3 Renewal Applications . . . 169
Subd. 4 Execution of Application . 169
Subd. 5 Granting Licenses 169
Subd. 6 Payment of Fees 170
Subd. 7 Bond Required 170
Subd. 8 Persons and Places
Ineligible for License 170
Subd. 9 Conditions of Licenses 171
Subd. 10 Restricted Hours of
Operation; Minors 173
Subd. 11 Inspection 173
Subd. 12 Corporations, Partnerships
or Associations 173-1
Subd. 13 Refusal, Suspension or
Revocation 173-1
6.46 Paintball Sport Facility 173-2
6.47-6.98 Reserved
6.99 Violation a Misdemeanor 173-5
ii (7-1-94)
•
•
•
•
CRAFTER 6
OTHER BUSINESS REGULATION AND LICENSING
SECTION 6.01. DEFINITIONS. As used in this Chapter,
the following words and terms shall have the meanings
stated:
1. "Applicant" means any person making an
application for a license under this Chapter.
2. "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.
3. 'Bond" means a corporate surety document in
the form and with the provisions acceptable and specifically
approved by the City Attorney.
4. "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.
5. "License" means a document issued by the City
to an applicant permitting him to carry on and transact a
business.
Source: City Code
Effective Date: 1-1-83
6. "Licensee" means the person to whom a license
is issued under this Chapter including any agents or
employees of the person.
Source: Ordinance No. 112, 2nd Series
Effective Date: 3-15-91
7. '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.
8. 'Sale", "Sell' and "Sold" mean all forms of
barter and all manner or means of furnishing merchandise to
persons.
Source: City Code
Effective Date: 1-1-83
9. "Minor means any natural person under the age
of eighteen (18) years.
132 (6-15-91)
•
•
•
S 6.01
10. '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.
11. 'Chief of Police' or 'Police Officer' means
City of Eagan Police Chief, police officer or designee.
Source: Ordinance No. 112, 2nd Series
Effective Date: 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. (Repealed by Ordinance No. 117, 2nd
Series, adopted 6-4-91.)
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
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.
so engaged.
G. Type of license and location of premises
for which application is made.
B. At least four character references if
applicant has not resided in the City for two years last
preceding the date of application.
133 (6-15-91)
•
•
•
5 6.02
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 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.
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 110, 2nd Series
Effective Date: 1-25-91
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 specified herein as to
particular businesses. Unless otherwise herein specified,
license fees shall be pro -rated on the basis of 1/12th for
each calendar month or part thereof remaining in the then
current license year. Provided, that for licenses where the
134 (6-15-91)
•
•
•
S 6.03
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 City-wide, 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.
Source: City Code
Effective Date: 1-1-83
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.
Source: Ordinance No. 117, 2nd Series
Effective Date: 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.
135 (6-15-91)
•
•
•
5 6.05
SEC. 6.05. CARRYING OR POSTING. All solicitors shall
at all times when so engaged, carry their license on their
person. All other licensees shall post their licenses in
their place of business near the licensed activity.
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.
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.
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.
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.
SEC. 6.09. RENEWAL OF LICENSES. Applications for
renewal of an existing license shall be made at least thirty
(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.
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 thirty days' written notice served
upon the City Clerk -Treasurer. Cancellation or termination
of such coverage shall be grounds for license revocation.
SEC. 6.11. LICENSE DENIAL AND PISING RATES - REARING.
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,
136 (6-15-91)
•
•
S 6.11
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.
Source: City Code
Effective Date: 1-1-83
SEC. 6.12. WORKER'S COMPENSATION. No license to
operate a business shall be issued by the City until the
applicant presents acceptable evidence of compliance with
the worker's 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.
Source: Ordinance No. 117, 2nd Series
Effective Date: 6-14-91
(Sections 6.13 through 6.29, inclusive, reserved for
future expansion.)
136-1 (6-15-91)
•
•
3 6.30
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.
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 pay-off 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 pay-off device; (4) equip any mechanical amusement
device with an automatic pay-off device; (5) permit persons
under the age of eighteen years to play or operate any game of
skill; (6) permit the playing of coin amusement machines
between the hours of 1:00 o'clock A.M. and 6:00 o'clock 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.
Source: City Code
Effective Date: 1-1-83
137 (5-31-92)
S 6.31
SEC. 6.31. DANCE BALLS.
Subd. 1. Definitions. The following terms, as used
in this Section, shall have the meanings stated:
A. 'Public Dancing Place' means any 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.
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
138 (5-31-92)
•
5 6.31
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 dance hall
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 dance hall, 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 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.
139 (5-31-92)
5 6.31
IIISubd. 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 at all time 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, consents 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 o'clock A.M. and 6:00
o'clock A.M. of any day; provided, that no public dance shall
be held or conducted on Sunday between the hours of 1:00
o'clock A.M. and 12:00 o'clock 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
4111 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 dance hall 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 non-
prescription controlled substances shall be permitted on the
premises for which a dance hall 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.
140 (5-31-92)
3 6.31
•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.
Source: Ordinance No. 122, 2nd Series
Effective Date: 7-26-91
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 non-profit organizations,
provided that such organization shall be incorporated.
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 sado-masochistic
abuse, or which includes obscenities or explicit verbal
descriptions or narrative accounts of sexual conduct.
141 (5-31-92)
•
5 5.32
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 their
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. 'Sado-masochistic 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 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.
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 or
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.
Source: City Code
Effective Date: 1-1-83
SEC. 6.33. (Repealed by Ordinance No. 32, 2nd Series,
adopted 5-6-86.)
142 (5-31-92)
•
6.34
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.
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
eighteen (18) years.
143 (5-31-92)
3 6.34
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
eighteen (18) years.
3. To keep for sale, sell or dispose of
any tobacco in any form containing opium, morphine, jimson
weed, 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 thirty (30) days
if the licensee is found to have acted as prohibited in
Subdivision 3, above.
B. A six (6) month suspension shall be imposed
for a second violation at the same location occurring within
a twelve (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.
Source: Ordinance No. 134, 2nd Series
Effective Date: 2-28-92
SEC. 6.35. GAMBLING.
Subd. 1. Purpose. To ensure that charitable
gambling in Eagan is conducted by non-profit organizations and
that the proceeds from such gambling are used primarily for
the betterment of the residents and businesses of the Eagan
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
non-profit 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.
4111 B. Only applications submitted by eligible
organizations will be considered for approval by the Council.
144 (5-31-92)
3 6.35
C. An applicant non-profit 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 of Minnesota, 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.
Source: Ordinance No. 50, 2nd Series
Effective Date: 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 ferret out and control: (1) businesses and
organizations using solicitation as a means of concealing
unlawful activities; and, (2) businesses and organizations
which, though its activities be lawful or even commendable,
use such illegitimate practices in solicitation; and (3)
individual natural persons who, though they represent lawful
businesses and organizations, use such illegitimate
solicitation practices. The Council further finds that a
large number of the residents of the City are employed as
their livelihood and means of support by manufacturing plants
and other businesses on shifts rotating between night and day,
and to disturb them during their sleeping hours for the
purpose of solicitation is a source of nuisance or even
harassment and should be subject to control.
Subd. 2. Definitions. The following terms, as used
• in this Section, shall have the meanings stated:
145 (5-31-92)
•
•
•
(Pages 146 through 150 reserved)
•
•
•
A. "Solicitor" means any person making the
solicitation, including such common terms as "peddler",
"transient merchant" and "canvasser".
B. "Solicitee" means the person solicited.
C. "Goods" means any tangible thing of
value, but not including money, things in action or intan-
gible 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 there-
from. The term also includes merchandise certificates or
coupons, issued by a retail seller, not redeemable in cash
and to be used in their face amount in lieu of cash, in
exchange for goods or services sold by such seller.
D. "Services" means work, labor, or services
of any kind.
E. "Established place" means real estate in
the City owned, leased on a month -to -month or term -certain
longer than thirty (30) days. The term includes a booth,
compartment, or area leased or assigned during and for the
length of an event or occasion.
F. "Business solicitation" means an attempt
by a solicitor, engaging in transactions of the same kind,
to sell or distribute for a consideration any goods or
services primarily for personal, family, or household pur-
poses, when either the solicitor or person acting for him
contacts the solicitee by telephone or in person, other than
at the established place of business of solicitor, except:
(1) an attempted solicitation in which the solicitee person-
ally knows the identity of the solicitor, the name of the
business firm or organization he represents, and the iden-
tity or kinds of goods, services or things of value offered;
or, (2) an attempted solicitation in which the solicitee has
first initiated the contact with the solicitor; or, (3) an
attempted solicitation of a newspaper subscription in which
the solicitor is a minor child engaged in both the delivery
and sale of the newspaper; or, (4) an attempted solicitation
for the sale of products of a farm or garden occupied or
cultivated by the solicitor, when facts of such occupancy or
cultivation are proven by the solicitor.
G. "Contribution solicitation" means an
attempt by a solicitor to obtain money from a solicitee for
any cause or purpose, when either the solicitor or person
acting for him contacts the solicitee by telephone or in
person other than at the established place of meeting,
151
(1-1-83)
•
•
•
5 6.36
business, service, or activity of the organization
represented by the solicitor, except: (1) an attempted
solicitation in which the solicitee personally knows the
identity of the solicitor, the name of the organization he
represents, and the identity of the services performed or
offered by the organization, or, (2) an attempted solicita-
tion in which the solicitee has first initiated the contact
with the solicitor or the organization represented by him.
Subd. 3. Prohibited Solicitation Practices.
A. It is unlawful for any solicitor to
engage in solicitation for any unlawful business or organi-
zational purpose or activity.
B. It is unlawful for any solicitor to
practice harassment, nuisance, theft, deceit, or menacing,
troublesome or otherwise unlawful activities during the
course of solicitation.
C. It is unlawful for any solicitor to
enter, or attempt to gain entrance, to residential premises
displaying at such entrance a sign at least 3-3/4 inches
long and 3-3/4 inches high with the words "Peddlers and
Solicitors Prohibited" or "Solicitors Prohibited" in type
not smaller than 48 point.
D. It is unlawful for any solicitor to
refuse to leave business premises when requested by the
owner, lessee, or person in charge thereof.
E. It is unlawful for any person to engage
in contribution solicitation without completion of licensing
or registration as herein provided.
F. It is unlawful for any person to engage
in business solicitation without a license as herein
provided.
Source: City Code
Effective Date: 1-1-83
Subd. 4. Application. Applications for licensing
or registration shall contain the name and address of the
solicitor, the name and address of the business or
organization for which solicitations are sought and such
other information as may reasonably be required by the
Council as a condition to registration or licensing or to
permit investigation into the applicant's background and
past solicitation practices. No application shall be
complete unless it is accompanied by a valid and current
152 (8-31-85)
•
S 6.36
license issued by the County in which the solicitor proposes
to engage in solicitation.
Source: Ordinance No. 23, 2nd Series
Effective Date: 8-23-85
Subd. 5. Investigation, Approval or Disapproval.
A. All applications for licensing or
registration shall be immediately referred to the Chief of
Police, and by him or other person acting in his stead,
investigated as to the truth thereof. The Chief of Police
shall have five (5) business days within which to -
investigate and make a recommendation thereon.
B. If he finds no past history of the
applicant indicating violations similar to those declared
unlawful in this Section he shall recommend issuing a
license or approving registration, as the case may be, and
the City Clerk -Treasurer shall forthwith advise the
applicant. The City Clerk -Treasurer shall issue a license,
upon payment of the fee therefor, to the approved applicant
for business solicitation, and shall approve the completion
of registration by the applicant for a contribution
solicitor.
C. If the Chief of Police finds a past
history of the applicant indicating violations similar to
those declared unlawful in this Section, he shall recommend
denial of the license or registration. In all matters of
recommended denial the applicant shall be forthwith advised
thereof, and the application shall be referred to the
Council and considered by it at its next regular or special
meeting occurring more than ten (10) days thereafter. The
applicant shall be afforded an opportunity to be heard at
such meeting.
Subd. 6. Duration of Contribution Solicitation
Registration. Registration of contribution solicitation
shall expire sixty (60) days after registration is approved.
Source: City Code
Effective Date: 1-1-83
Subd. 7. Exclusions. The Council may, by
resolution, exclude certain classes of solicitor events from
compliance with licensing or registration provisions of this
Section. Provided, however, that such exclusion shall not
extend to the prohibited solicitation practices set forth in
Subdivision 3, Subparagraphs A through D, inclusive, of this
Section.
Source: Ordinance No. 23, 2nd Series
Effective Date: 8-23-85
153 (8-31-85)
S 6.37
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.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-89
B. 'Other Refuse' means ashes, non -recyclable
glass, crockery, cans, paper, boxes, rags and similar
non-putrescible wastes (does not decay or have foul odor)
excluding sand, earth, brick, stone and concrete, and trees,
tree branches and wood except when stored as firewood.
Source: Ordinance No. 136, 2nd Series
Effective Date: 5-15-92
C. 'Recyclables' means materials which may be
recycled or reused through recycling processes including
targeted recyclables.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-89
D. 'Targeted Recyclables' means metal food and
beverage containers, glass food and beverage containers,
newsprint, corrugated cardboard, plastics (as defined by
Dakota County), *magazines, *catalogs or other materials as
defined by Council resolution. *Effective January 1, 1992.
Source: Ordinance No. 130, 2nd Series
Effective Date: 11-29-91
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.
Source: Ordinance No. 136, 2nd Series
Effective Date: 5-15-92
F. 'Residential Dwelling' means any single
building consisting of one through four dwelling units with
individual kitchen facilities for each.
G. 'Multiple Residential Dwelling' means any
building used for residential purposes consisting of more than
four dwelling units with individual kitchen facilities for
• each.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-89
154 (5-31-92)
5 6.37
IIIH. '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.
Source: Ordinance No. 136, 2nd Series
Effective Date: 5-15-92
I. 'Special Pick -Op' 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.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-89
Subd. 2. License Required. It is unlawful for any
person to haul garbage, other refuse, recyclables, yard wastes
or food wastes without a license therefor from the City, or to
haul garbage, other refuse or recyclables, yard wastes or food
•wastes from his own residence or business property other than
as herein excepted.
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 water -tight on all sides and the bottom and with
tight -fitting covers on top, (2) that all other refuse,
recyclables, yard wastes and food wastes are hauled in
vehicles with leak -proof 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.
•
Source: Ordinance No. 136, 2nd Series
Effective Date: 5-1-592
155 (5-31-92)
3 6.37
Subd. 4. Hauler Licensee Requirements.
A. Hauler licenses shall be granted only upon
the condition that the licensee have water -tight packer -type
vehicles or, in the case of recycling haulers, appropriate
container vehicles in good condition to prevent loss in
transit of liquid or solid cargo, that the vehicle be kept
clean and as free from offensive odors as possible and not
allowed to stand in any street longer than reasonably
necessary to collect garbage, other refuse, yard waste or
recyclables.
1. There shall be three license
categories defined by the type of account served: (1)
Commercial/Multiple Dwelling, (2) Residential Dwelling, and,
(3) Residential/Multiple Dwelling Recycling.
2. Commercial/Multiple Dwelling and
Residential Dwelling hauling licenses include Residential
Recycling licenses.
(a) Residential Recycling licenses
may only collect recyclables as defined herein.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-89
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 residential 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 accounts 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.
Source: Ordinance No. 136, 2nd Series
Effective Date: 5-15-92
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 pick-up, special
pick-up or when an observed holiday falls within that week.
156 (5-31-92)
S 6.37
1111 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.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-89
B. Before a garbage, refuse or recycling
hauler 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 of Minnesota and/or
a certificate of self-insurance pursuant to Minnesota
Statutes:
1. Auto liability coverage including all
owned, non -owned 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.
2. Worker's Compensation Insurance
• Certificate as required by Minnesota Statutes.
Source: Ordinance No. 136, 2nd Series
Effective Date: 5-15-92
C. The Council, in the interest of 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.
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.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-89
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
156-1 (5-31-92)
•
•
•
5 6.37
prohibited from imposing a greater charge on residents who
recycle than on residents who do not recycle.
Source: Ordinance No. 136, 2nd Series
Effective Date: 5-15-92
R. 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 o'clock P.M. or before 6:30 o'clock 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.
156-2 (5-31-92)
•
•
3 6.37
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 hauling license.
Source: Ordinance No. 93, 2nd Series
Effective Date: 12-15-90
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 (6)
months of age, are kept, kept for sale, or boarded.
Source: Ordinance No. 12, 2nd Series
Effective Date: 4-27-84
Subd. 2. License Required. It is unlawful for
any person to operate or maintain a kennel without a license
therefor from the City.
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.
Source: City Code
Effective Date: 1-1-83
SEC. 6.39. MASSAGE THERAPY ESTABLISHMENT.
Subd. 1. Statement of Policy - Related to
Prohibited Uses. The City deems it necessary to provide for
the prohibition of businesses or commercial enterprises
which operate as massage parlors, saunas, rap parlors,
conversation parlors, adult -sensitivity groups, adult
encounter groups, escort services, dancing services, hostess
services and similar adult -oriented services operating under
different names in order to protect the public health,
safety and welfare and to guard against the inception and
transmission of disease. The City prohibits enterprises
157 (6-15-90)
•
5 6.39
such as the type described above, and all other similar
establishments whose 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. Prohibited uses are
further defined as follows:
A. The term "sauna" means any public
facility used for the exclusive purpose of bathing, reducing
or relaxing, utilizing steam as a cleaning, reducing or
relaxing agent.
B. The terms "rap parlor" or "conversation
parlor" or "adult encounter group" or "adult sensitivity
group" mean any person, establishment or business advertis-
ing, offering, selling, trading or bartering the services of
itself, its employees or agents as non-professional
counselors, teachers or therapists who may talk to, discuss
or have conversation with patrons or who deal in any way
with patron's 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. The terms "escort service" or "model
service" or "dancing service" or "hostess service" means 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. The term "similar adult -oriented
services" is meant to include all other services which fall
within the definition of this Subdivision but are operated
under different names.
Subd. 2. Definitions. As used in this Section,
the following words and terms shall have the meanings stated:
A. "Massage therapy" means the practice of
rubbing, stroking, kneading, tamping, or rolling of the body
with the hands, for the exclusive purposes of relaxation,
physical fitness, or beautification, and for no other
purpose, by a person not licensed as a medical doctor,
chiropractor, osteopath, podiatrist, licensed nurse,
physical therapist, athletic director and trainer, or
beautician and barber who confine their treatment to the
scalp, face and neck.
158 (7-1-89)
•
•
•
5 6.39
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 who,
for compensation, practices massage.
Subd. 3. 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 massage therapy in any place
except upon licensed premises.
Subd. 4. License Application. All initial
applications for licenses to operate massage therapy
establishments shall be accompanied by a non -returnable
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 investigation by the
Building Inspector 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.
Subd. 5. Restrictions and Regulations.
A. Licenses shall be granted only for
operation upon 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.
B. Licenses shall be granted only upon a
showing of compliance with all laws of sanitation.
C. 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.
D. Violation of any law or regulation
relating to building, safety or health, shall be grounds for
revocation of any license.
159 (7-1-89)
•
•
•
3 6.39
E. There shall be no locks on doors of
massage rooms.
F. Only massage therapists who are licensed
by the City shall practice massage.
G. No massage therapy establishment shall
discriminate between persons on the basis of race, color,
creed, sex or national origin or ancestry.
H. 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.
Subd. 6. Unlawful Acts.
A. It is unlawful for any licensee to fail
to at all times observe all restrictions, regulations and
maintenance requirements contained in this Section.
B. It is unlawful for any licensee to be
open for business between the hours of 8:00 o'clock P.M. and
8:00 o'clock A.M. of any day, or to permit any patron to be
present upon licensed premises after 9:00 o'clock P.M. and
before 8:00 o'clock A.M. of any day.
Subd. 7. License Condition and Unlawful Act.
A. All premises licensed under this Section
shall at all times 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.
B. 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.
Subd. 8. Exception. This Section shall not apply
to a health care facility (1) owned by a municipal corpora-
tion organized under the laws of the State of Minnesota, or
(2) owned by the State of Minnesota or any of its agencies,
or (3) licensed by the State of Minnesota.
Subd. 9. Resident Manager or Agent. Before a
license is issued under this Section to an individual who is
a non-resident 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 who is
160 (7-1-89)
•
§ 6.39
a resident of the City 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 City 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. 10. 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.
SEC. 6.40. MASSAGE THERAPIST LICENSE.
Subd. 1. Definitions. As used in this Section,
the following words and terms shall have the meanings stated:
A. "Massage therapy" means the practice of
rubbing, stroking, kneading, tamping, or rolling of the body
with the hands, for the exclusive purposes of relaxation,
physical fitness, or beautification, and for no other
purpose, by a person not licensed as a medical doctor,
chiropractor, osteopath, podiatrist, licensed nurse,
physical therapist, athletic director and trainer, or
beautician and barber who confine their treatment to the
scalp, face and neck.
B. "Massage therapist" means a person who,
for compensation, practices massage.
Subd. 2. License Required. It is unlawful for
any person to practice massage therapy without a license
therefor from the City.
Subd. 3. Licensing Requirements.
A. License Application. All applications
for a license to practice as a massage therapist shall be
accompanied by a medical certificate from a physician duly
licensed to practice medicine in the State of Minnesota
stating that the applicant has no communicable disease. All
initial applications shall be accompanied by a non-
returnable 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 eighteen (18) years of age.
161 (7-1-89)
•
•
•
6.40
B. Educational Requirements.
1. Each applicant for a massage
therapist license shall furnish with the application 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; 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.
2. Each applicant shall also furnish
proof at the time of application of a minimum of 100 hours
of successfully completed course work in the following
areas:
(a) The theory and practice of
massage, including, but not limited to, Swedish, Esalen,
Shiatsu, and/or Foot Reflexology techniques; and,
(b) Anatomy, including, but not
limited to, skeletal and muscular structure and organ
placement; and,
(c) Hygiene.
Subd. 4. Restrictions and Regulations.
A. Whenever a massage is given it shall be
required by the massage therapist that the person who is
receiving the massage shall have his/her buttocks, anus and
genitals covered with an appropriate non -transparent
covering.
B. Any massage therapists performing any
massages shall at all times have their anus, buttocks,
breasts and genitals covered with a non -transparent
material.
C. All massage therapist licenses shall
comply with any and all amendments to this Chapter. Failure
to do so shall be grounds for revocation of any license.
Subd. 5. License Fee. The annual license fee for
a massage therapist shall be $50.00.
Source: Ordinance No. 79, 2nd Series
Effective Date: 4-14-89
162 (7-1-89)
s
•
§ 6.41
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.
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
(5) 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.
Source: City Code
Effective Date: 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 fifteen
(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.
163 (6-15-90)
•
•
•
§ 6.42
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 forty-five (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.
Source: Ordinance No. 83, 2nd Series
Effective Date: 6-16-89
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 non -renewal of a pet
shop license.
A. The floor shall be constructed of a
material that is non -absorbent and non -adsorbent. Floors
must be kept clean, sanitary and in good repair.
B. Walls and ceilings shall be kept clean,
sanitary and in good repair.
164 (6-15-90)
•
S 6.43
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 pre-
heated 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.
A. All animals subject to distemper and
infectious hepatitis must have been innoculated, prior to
delivery to the pet shop, by a veterinarian licensed to
practice in the State of Minnesota. 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 forty-five (45) days of the effective date
for the standards.
Subd. 5. Zoning. No license shall be issued to a
person for operation of a pet shop in a zoning district
other than Commercial.
Source: Ordinance No. 97, 2nd Series
Effective Date: 3-2-90
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:
165 (6-15-91)
•
•
•
S 6.44
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 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 (10) 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. Worker's Compensation Insurance. Each
license applicant shall file with the City Clerk -Treasurer a
Certificate of Insurance of Worker's 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 adminis-
tering such treatment has been certified by the Agronomy
Division of the Minnesota 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.
Source: Ordinance No. 106, 2nd Series
Effective Date: 7-27-90
166 (6-15-91)
•
•
•
S 6.45
SEC. 6.45. PANS SHOP 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 (5) years.
5. Names and addresses of applicant's
employers and partners, if any, for the preceding five (5)
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 (3) years last preceding the date of
application, at least four (4) character references.
167 (6-15-91)
•
S 6.45
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 information
shall be required:
of incorporation.
1. Name and, if incorporated, the State
2. A true copy of the Certificate of
Incorporation, Articles of Incorporation or Association
Agreement and Sy -Laws and, if a foreign corporation, a
Certificate of Authority as described in Minnesota statutes.
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 (5%) 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
Subparagrah 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.
168 (6-15-91)
•
•
•
5 6.45
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
ninety (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 one hundred twenty (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 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 opportunity to review
such information before it is released to the Council.
B. Vote Required. After such investigation,
the Council shall grant or refuse the application.
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.
169 (6-15-91)
•
•
3 6.45
8. 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 Pees.
A. Initial Pees. 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 Pees. 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 Minnesota Statutes 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 Minnesota Statutes 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,
170 (6-15-91)
•
•
•
5 6.45
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.
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 Minnesota Statutes,
Chapter 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.
receipt of
pledged or
consisting
medium, the
article, in
impressed or
manufacturer
A. Records. Every licensee, at the time of
an article deposited, left, sold, purchased,
pawned, shall immediately record, in a book
of ink, computer printout or other indelible
following information:
1. An accurate description of the
English; and any numbers written, stamped,
engraved thereon together with the name of the
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 was 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 identifica-
tion 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.
171 (6-15-91)
•
•
S 6.45
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 officer at all reasonable times and shall
be retained by the licensee for at least four (4) 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 herein -
before 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.
P. 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 depositing an article for
security shall have a minimum of one hundred twenty (120)
days from the date when the loan or pledge becomes due and
payable to redeem the article before the article becomes
forfeitable.
B. 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
172 (6-15-91)
•
•
•
5 6.45
to be redeemed from the place of business of the licensee
for a period of seventy-two (72) hours, nor shall the
property be sold within ten (10) 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 (6) 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 non-negotiable instrument or order of
withdrawal which is drawn against funds held by a financial
institution.
R. 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 Roars 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 Goode. Any licensee shall, at all
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
173 (6-15-91)
•
•
•
§ 6.45
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 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
licensee 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 sixty (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.
173-1 (6-15-91)
5 6.45
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 Minnesota
Statutes, Chapter 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 Minnesota Statutes 15.0418 to 15.0426. The Council
may appoint a hearing examiner or may conduct a hearing itself.
The hearing notice shall be given at least ten (10) days prior to
the hearing, include notice of the time and place of the hearing,
and shall state the nature of the charges against the licensee.
Source: Ordinance No. 112, 2nd Series
Effective Date: 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 non -toxic, non -caustic, water-soluble and
biodegradable colored liquid specifically designed and manufactured
to be expelled from a paintball gun.
8. °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 .68
caliber paintballs are expelled by the use of CO2 pressure set for
a maximum velocity of 250 feet per second.
173-2 (7-1-94)
•
5 6.96
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.
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.
B. 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.
173-3 (7-1-94)
•
5 6.46
Subd. 5. Non -Compliance. 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.
Source: Ordinance No. 170, 2nd Series
Effective Date: 10-29-93
(Sections 6.47 through 6.98, inclusive, reserved for future
expansion.)
173-4 (7-1-94)
•
5 6.99
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.
Source: City Code
Effective Date: 1-1-83
173-5 (7-1-94)
•
7. STREETS & SIDEWALKS
1
6 • •
7. STREETS & SIDEWALKSII
• • •
•
•
•
Title Page,
CHAPTER 7 STREETS AND SIDEWALKS GENERALLY 174
(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 174
7.02 Application 174
7.03 Scope and Orders of Officers 174
7.04 Traffic and Parking Control 174
7.05 Obstructions in Streets 175
7.06 Street Openings or Excavations . . . 176
7.07 Parades 178
7.08 Regulation of Grass, Weeds, Trees
and Landscaping 179
7.09 Limiting Time of Railway -Street
Crossing Obstruction 181-2
7.10 Curb and Gutter, Street and Sidewalk
Painting or Coloring 181-2
7.11 Motorized Vehicles Prohibited on
Sidewalks 181-2
7.12-7.98 Reserved
7.99 Violation a Misdemeanor or Petty
Misdemeanor 182
(6-15-91)
•
•
•
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)
SECTIONS 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
Minnesota Statutes, Chapter 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.
Source: Ordinance No. 84, 2nd Series
Effective Date: 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 of Minnesota, or any county, town, city, district,
or other political subdivision.
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.
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 sign -posted, such marking or sign -posting shall
attest to Council action thereon.
174 (6-15-90)
•
•
S 7.04
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.
174-1 (6-15-90)
i
i
•
Subd. 3. Traffic Restrictions and Prohibitions.
It is a misdemeanor for any person to drive a vehicle con-
trary to lane restrictions or prohibitions painted on any
street, or contrary to sign -posted, 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 prohibi-
tions painted on any curb, or contrary to sign -posted,
fenced, or barricaded restrictions or prohibitions.
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.
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 defini-
tion 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 or place in any street any
waste or abandoned products, including, but not limited to,
any nails, soil, glass or glassware, cans, discarded 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, 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.
(1-1-83)
175
•
•
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 per-
mission 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 Any Street Right -
of -Way. ,
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 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. 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 prop-
erty 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.
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 con-
tractor 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
176
(1-1-83)
i
•
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 he may deem necessary
to determine estimated cost of repair, such as back -filling,
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 re-
pairs due to weather or other conditions, and the cost of
such investigation shall be included in such estimate. Pay-
ment of such estimated costs shall be made before the permit
is issued.
Subd. 3. Protection of the City and the Public.
A. Non -Completion 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 non -emergency, 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 fur-
nish 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 of Minnesota on which the City
is named as a co-insured.
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 perfor-
mance 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
177
(1-1-83)
•
•
•
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 back -filling, 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 sixty 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.
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 accor-
dance with the permit granted by the City. Application for
such permit shall be made to the City Administrator at least
fifteen (15) days in advance of the date on which it is to
occur and shall state the sponsoring organization or indi-
vidual, the route, the length, the estimated time of com-
mencement and termination, the general composition, and such
178
(1-1-83)
•
•
s 7.07
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
(7) 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.
Subd. 6. Exceptions. This Section shall not
apply to (1) funeral processions, or (2) a governmental
agency acting within the scope of its functions.
Source: City Code
Effective Date: 1-1-83
SEC. 7.08. REGULATION OF GRASS, WEEDS, TREES, AND
LANDSCAPING.
Subd. 1. City to Control Landscaping and
Irrigation.
179 (6-15-91)
•
•
S 7.08
A. In no cases shall prohibited species be
planted within street rights -of -way. Prohibited species are
defined as the following trees:
Gingko (female only)
Box elder
Non disease resistant elm species
Non hybrid cottonwood species
B. The City shall have control and super-
vision 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, installa-
tion, 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 ensuring the general orderliness of
improvements within street rights -of -way.
D. The placement of trees and shrubs in
public places, and street rights -of -way shall be in
compliance with the following City standards:
1. Trees shall not be planted within
ten feet, horizontally, dof any sewer line, 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 10 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
180 (6-15-91)
•
•
•
S 7.08
streets, intersections, trails, and sidewalks. Trees,
shrubbery or 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 street
lights. 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 13-1/2 feet above
street surfaces and at least 8 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 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. 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 for 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.
R. Removal of trees and shrubs from public
property, shall be by City permit only.
181 (6-15-91)
•
•
•
5 7.08
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.
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 non -conforming 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 (7) 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 information 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.
Source: Ordinance No. 106, 2nd Series
Effective Date: 7-27-90
181-1 (6-15-91)
•
•
•
5 7.09
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 fifteen (15) minutes.
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.
SEC. 7.11. MOTORIZED VEHICLES PROHIBITED ON SIDEWALKS.
It is unlawful for any person to drive or operate a
motorized vehicle on any public sidewalk or public property
designated for use as a pedestrian walkway or bicycle trail,
except when crossing the same for ingress and egress to
private property lying on the other side thereof.
Source: City Code
Effective Date: 1-1-83
(Sections 7.12 through 7.98, inclusive, reserved for
future expansion.)
181-2 (6-15-91)
•
•
•
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 misde-
meanor, 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 prop-
erty, 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 pre-
ceding 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.
Source: City Code
Effective Date: 1-1-83
182
(1-1-83)
•
•
•
(Pages 183 through 192 reserved)
(1-1-83)
8. TRAFFIC REGULATIONS
• • •
r
8. TRAFFIC REGULATIONS
1
o • •
•
•
•
Title Page
CHAPTER 8 TRAFFIC REGULATIONS 193
(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 . . . 193
8.02 Truck Route 193
8.03 U-Turns 193
8.04 Left Turns Prohibited 193
8.05 Exhibition Driving 193
8.06 Snowmobile Rules and Regulations . . 194
8.07 Recreational Motor Vehicle Rules
and Regulations 196
8.08-8.98 Reserved
8.99 Violation a Misdemeanor or Petty
Misdemeanor 199
(1-1-83)
4
CHAPTER 8
TRAFFIC REGULATIONS
(SEE CHAPTER 7 FOR DEFINITIONS, SCOPE AND
APPLICATION RELATING TO THIS CHAPTER)
SECTION 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 Minnesota Statutes, Chapter 168, Chapter
169 (commonly referred to as the Highway Traffic Regulation Act)
and Chapter 171, as amended through Laws 1994, are hereby
incorporated herein and adopted by reference, including the penalty
provisions thereof.
Source: Ordinance No. 182, 2nd Series
Effective Date: 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 sign -posted 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.
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 sign -posted 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.
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 sign -posted prohibiting the same, or make a
left turn during the hours of such sign -posted prohibition.
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
193 (7-1-94)
•
•
•
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" 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.
SEC. 8.06. SNOiWMOBILE RULES AND REGULATIONS.
Subd. 1. Purpose and Construction. This Section
is enacted in part pursuant to Minnesota Statutes, Section
471.62, as amended, and other applicable laws of the State
of Minnesota. The purpose of this Section is to provide
rules for the regulation of snowmobiles operated within the
City.
Subd. 2. Certain Statutes Adopted. Minnesota
Statutes, Section 84.81 through 84.89, 100.26, 100.29 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 prop-
erty of another without the permission of the owner or
tenant having control of the property. Further, pursuant to
Minnesota Statutes, Section 87.0221, except as specifically
recognized by or provided in M.S.A. Section 87.025, 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.
194
(1-1-83)
•
•
•
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 desig-
nated 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 snowmo-
bile 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.
3. For any person to operate a snowmo-
bile other than on the farthest right-hand 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 fourteen 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 fourteen years of
age, or older, but less than eighteen 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 ninety 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 snowmo-
bile on any sidewalk or boulevard.
7. For any person to operate a snowmo-
bile 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:
195
(1-1-83)
•
•
•
1. Operate a snowmobile in any area
between the hours of 11:00 o'clock P.M. and 8:00 o'clock
A.M. on Sunday through Thursday.
2. Operate a snowmobile in any area
between the hours of 2:00 o'clock A.M. and 8:00 o'clock A.M.
on Friday, Saturday and the days preceding official
holidays.
3. Operate a snowmobile between the
hours of 10:00 o'clock P.M. and 2:00 o'clock 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
snowmoble after 10:00 o'clock P.M.
5. Operate a snowmobile on streets
after 10:00 o'clock 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 prohibi-
tion 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.
SEC. 8.07. RECREATIONAL MOTOR VEHICLE RULES AND
REGULATIONS.
Subd. 1. Purpose and Intent. This Section is
enacted in part pursuant to Minnesota Statutes, Section
471.62, as amended, and other applicable laws of the State
of Minnesota. 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 Minnesota Statutes,
Chapters 168, 169 and 171.
196
(1-1-83)
•
•
•
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 recrea-
tion, other than motor homes, pick-up 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, mini -bikes, motorcycles, all -terrain vehicles,
dune buggies, go-carts, hove -craft, 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, play-
grounds 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 Eor 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 disturbs, annoys 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.
ment,
I. On a sidewalk, walkway, boulevard ease -
or other area provided or used for pedestrian traffic.
197
(1-1-83)
•
•
J. On streets or to cross them unless the
operator has a valid driver's license with a two -wheeled
vehicle endorsement.
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. Minnesota
Statutes, Section 84.90, is hereby adopted by reference,
incorporated herein, and made a part hereof, except as
otherwise herein provided.
Source: City Code
Effective Date: 1-1-83
(Sections 8.08 through 8.98, inclusive, reserved for
future expansion.)
198
(1-1-83)
•
•
•
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 misde-
meanor, 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 prop-
erty, 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 pre-
ceding 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.
Source: City Code
Effective Date: 1-1-83
199
(1-1-83)
•
•
(Pages 200 through 209 reserved)
(1-1-83)
9. PARKING REGULATIONS
• • •
4 PARK!N(, RHIIIAJIO^l'S
•
•
Title Page
CHAPTER 9 PARKING REGULATIONS 210
(SEE CHAPTER 7 FOR DEFINITIONS,
SCOPE AND APPLICATION RELATING
TO THIS CHAPTER)
Sec. 9.01 Presumption 210
9.02 General Parking Prohibitions 210
9.03 Recreational Camping vehicle Parking 210
9.04 Unauthorized Removal 211
9.05 Direction to Proceed 211
9.06 Parallel Parking 211
9.07 Streets Without Curb 211
9.08 Parking Hours 212
9.09 Winter Season Parking 212
9.10 Truck, Trailer and Commercial
Vehicle Parking 212-1
9.11 Parking Rules in City Parking
Lots and Ramps 213
9.12 Impounding and Removing Vehicles . 213
9.13 Unattended Vehicle 214
9.14 Vehicle Repair on Street 214
9.15 Parking for the Purpose of
Advertising or Selling Merchandise 214
9.16 Physically Handicapped Parking . . . . 214
9.17-9.98 Reserved
9.99 Violation a Misdemeanor or Petty
Misdemeanor 215
(6-15-90)
•
•
•
CHAPTER 9
PARKING REGULATIONS
(SEE CHAPTER 7 FOR DEFINITIONS, SCOPE AND
APPLICATION RELATING TO THIS CHAPTER)
SECTION 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.
SEC. 9.02. GENERAL PARKING PROHIBITIONS. It is unlaw-
ful 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 mail box; (5) on a
crosswalk; (6) within twenty feet of a crosswalk at any
intersection; (7) in a sign -posted fire lane; (8) within
thirty feet upon the approach to any flashing beacon, stop
sign or traffic control signal located at the side of a
roadway; (9) within fifty feet of the nearest rail of a
railroad crossing; (10) within twenty feet of the driveway
entrance to any fire station and on the side of a street
opposite the entrance to any fire station within seventy-
five feet of said entrance when properly sign -posted; (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) upon any bridge
or other elevated structure upon a street; (14) at any place
.where official signs prohibit or restrict stopping, parking
or both; (15) 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, (16)
on any boulevard which has been curbed.
SEC. 9.03. RECREATIONAL CAMPING VEHICLE PARKING.
Subd. 1. Definition. The term "recreational
camping vehicle" means any of the following:
A. "Travel Trailer" - 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.
210
(1-1-83)
•
•
•
B. "Pick-up Coach" - A structure designed to
be mounted on a truck chassis Eor use as a temporary
dwelling for travel, recreation and vacation.
C. "Motor Home" - 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" - 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 con-
tinuous period in excess of twenty-four (24) hours, except
where signs are erected designating the place as a campsite
or in a mobile home park. Provided, however, that during
such twenty-four hour period, such vehicle shall not be
occupied as living quarters.
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.
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.
SEC. 9.06. PARALLEL PARKING. Except where angle park-
ing is specifically allowed and indicated by curb marking or
sign -posting, 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 right-hand wheels of the vehicle
parallel with, and within twelve inches of, the right-hand
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 left-hand wheels of the
vehicle may be parallel with and within twelve inches from
the left-hand 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.
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.
211
(1-1-83)
•
•
•
5 9.08
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, fifteen -minute,
thirty -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 sign -posted limitation, or during
sign -posted hours of prohibited parking.
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.
Source: City Code
Effective Date: 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 twelve (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 twelve (12) hours beginning at
6:00 A.M. and continuing until 6:00 P.M.
212 (7-1-89)
•
§ 9.09
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 (2) 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".
Source: Ordinance No. 78, 2nd Series
Effective Date: 3-31-89
SEC. 9.10. TRUCK, TRAILER AND COMMERCIAL VEHICLE
PARKING.
Subd. 1. It is unlawful to park a detached
semi -trailer upon any street, City -owned parking lot, or
other public property except streets as specifically
designated by the Council by resolution and sign -posted.
Subd. 2. It is unlawful to park a semi -trailer,
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 sign -posted
prohibiting the same, but parking of such vehicle for a
period of not more than twenty (20) minutes shall be
permitted in such 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.
212-1 (6-15-90)
•
•
•
S 9.10
Subd. 5. Parking of commercial vehicles is
permitted in duly designated and sign -posted loading zones,
and in alleys, for a period of up to twenty (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
twenty-four (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 (6) hours.
Source: City Code
Effective Date: 1-1-83
Source: Ordinance No. 85, 2nd Series
Effective Date: 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 sign -posted 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 sign -posted therein.
SEC. 9.12. IMPOUNDING AND REMOVING VEHICLES. 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, such officer is hereby authorized to impound
such unlawfully parked vehicle and to provide for the
removal thereof and to remove the same to a convenient
garage or other facility or place of safety; provided, that
if any charge shall be placed against such vehicle for cost
of removal or storage, or both, by anyone called upon to
assist therewith, the same shall be paid prior to removal
from such place of storage or safekeeping.
213 (6-15-90)
•
•
•
5 9.13
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.
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
(6) hours.
Source: City Code
Effective Date: 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.
Source: Ordinance No. 61, 2nd Series
Effective Date: 6-24-88
SEC. 9.16. PHYSICALLY HANDICAPPED PARKING.
Subd. 1. Statutory parking privileges for
physically handicapped shall be strictly observed 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 sign -posted 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.
Source: Ordinance No. 15, 2nd Series
Effective Date: 4-27-84
(Sections 9.17 through 9.98, inclusive, reserved for
future expansion.)
214 (8-31-88)
•
•
•
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 misde-
meanor, 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 prop-
erty, he shall be punished as for a misde-meanor; 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 pre-
ceding 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.
Source: City Code
Effective Date: 1-1-83
215
(1-1-83)
e
•
•
(Pages 216 through 225 reserved)
(1-1-83)
10. PUBLIC PROTECTION
CRIMES 8 OFFENSES
• • •
10. PUBLIC PROTECTION
CRIMES 8 OFFENSES
• • •
Title page
CHAPTER 10 PUBLIC PROTECTION, CRIMES AND OFFENSES 226
Sec. 10.01 Storage, Deposit and Disposal
of Refuse 226
10.02 Toilet Installation 227-3
10.03 Maintenance of Individual
Sewerage Systems 227-3
10.04-10.09 Reserved
10.10 Dangerous Weapons and Articles. . . . 228
10.11 Dog and Cat Regulation and
Dog Licensing 230
Subd 1 Definitions 230
Subd. 2 Running at Large
Prohibited 231
Subd. 3 Dog License Required. 231
Subd. 4 Disposition of Impounded
Dogs and Cats 232
Subd. 5 Animal Pound Records. . . 233
Subd. 6 Public Nuisance 233
Subd. 7 Dangerous Dogs 233-1
Subd. 8 Disposition of Certain
Animals 233-2
Subd. 9 Immobilization of Dogs or
Cats 233-3
Subd. 10 Rabies Control 233-3
10.12 Animals and Fowl - Keeping, Trans-
porting, Treatment, Housing 233-3.2
10.13 Trapping Prohibited - Exceptions. 233-7
10.14-10.19 Reserved
10.20 Shade Tree Disease Control
and Prevention 234
10.21 Planting and Maintenance of Trees
and Grass on Private Property . . 238
10.22 (Repealed)
10.23 Rules and Regulations Governing
Public Parks and Recreation Areas 239
10.24 Rules and Regulations Governing
Boating and Related Water Activities
Within the City 242
i (7-1-94)
•
Title Paae
Sec. 10.25 Compliance With Wetland Conservation
Statutes and Regulations
10.26-10.29 Reserved
242-2
10.30 Curfew 243
10.31 Noisy Parties or Gatherings 243
10.32 Obstructions on Public Property . . 244
10.33 (Repealed)
10.34 Drug Paraphernalia - Possession,
Manufacture, Delivery and
Advertisement Prohibited 245
10.35 Stalking and Harassing Behavior . . 248
10.36-10.39 Reserved
10.40 Minnesota Uniform Fire Code 248-2
10.41 Air Pollution Control 250
10.42 Noise Pollution Regulations 250
10.43 Fire, Burglary and Safety Alarm
Regulations and Requirements 250
10.44-10.49 Reserved
10.50 Abandoning a Motor Vehicle 251
10.51 Junk Cars, Furniture, Household
Furnishings and Appliances Stored
on Public or Private Property . . 251
10.52 Prohibited Use and Parking of
Mobile Homes and Recreational
Camping Vehicles 251
10.53-10.98 Reserved
10.99 Violation a Misdemeanor 253
ii (7-1-94)
•
•
•
CHAPTER 10
PUBLIC PROTECTION, CRIMES AND OFFENSES
SECTION 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.
Source: Ordinance No. 94, 2nd Series
Effective Date: 12-15-89
B. 'Other Refuse' means ashes, non -recyclable
glass, crockery, cans, paper, boxes, rags and similar
non-putrescible wastes (does not decay or have foul odor),
excluding sand, earth, brick, stone and concrete, and trees,
tree branches and wood except when stored as firewood.
Source: Ordinance No. 137, 2nd Series
Effective Date: 5-15-92
C. 'Recyclables' means materials which may be
recycled or reused through recycling processes.
Source: Ordinance No. 94, 2nd Series
Effective Date: 12-15-89
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.
Source: Ordinance No. 137, 2nd Series
Effective Date: 5-15-92
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.
Source: Ordinance No. 94, 2nd Series
Effective Date: 1)2-15-89
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.
Source: Ordinance No. 137, 2nd Series
Effective Date: 5-15-92
226 (5-31-92)
9 10.01
4111 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 should be placed a
minimum of eight feet behind the curb.
Source: Ordinance No. 94, 2nd Series
Effective Date: 12-15-89
J. 'Composting" means any above -ground
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.
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 water-
tight, metal or plastic containers of not less than five
gallons with tight -fitting 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 water -tight, metal or plastic containers of
not less than five gallons with tight -fitting covers or
closable plastic or paper bags and tree limbs must be stored
in bundles weighing no more than sixty 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 close -fitting 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 close -fitting covers
• may be substituted.
Source: Ordinance No. 137, 2nd Series
Effective Date: 5-15-92
227 (5-31-92)
S 10.01
1111 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.
Source: Ordinance No. 94, 2nd Series
Effective Date: 12-15-89
E. Backyard Composting.
1. Requirements. No composting shall be
permitted except in Residential Dwelling Districts and
Agricultural Districts upon compliance with the following
requirements:
(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;
4111 (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 Subd. 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 (5) 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. Non -Compliance. Failure to comply
with any of the provisions of this Subparagraph E shall
1111 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.
227-1 (5-31-92)
•
•
S 10.01
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 proper disposal methods as approved by
the Council.
Source: Ordinance No. 137, 2nd Series
Effective Date: 5-15-92
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.
Source: Ordinance No. 94, 2nd Series
Effective Date: 12-15-89
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 multi -dwelling districts and all
commercial establishments shall have garbage and refuse
collection no later than July 1, 1992. 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, Subd. 3
of the City Code or provided the garbage and refuse is
disposed of in an environmentally sound manner.
Source: Ordinance No. 137, 2nd Series
Effective Date: 5-15-92
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.
227-2 (5-31-92)
S 10.01
IIIIA. 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 after October 1, 1990 for any multiple/residential
dwelling associations or other multiple/residential dwelling
joint management 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.
Source: Ordinance No. 94, 2nd Series
Effective Date: 12-15-89
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 thirty (30) days
4110 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 (10) 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 (5)
years upon written request by the owner of the property.
SEC. 10.03. MAINTENANCE OF INDIVIDUAL SEWERAGE 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.
Source: City Code
Effective Date: 1-1-83
(Sections 10.04 through 10.09, inclusive, reserved for
•future expansion.)
227-3 (5-31-92)
§ 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. °Uae° 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 stars, nun chucks, 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.
CO:
Subd. 3. Acts Prohibited. It is unlawful for any person
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 reasonable 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/her possession any device designed to silence or muffle the
discharge of a firearm; or,
228 (7-1-94)
•
§ 10.10
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 air gun of any kind or any
ammunition or explosives; or
F. Furnish a minor under 18 years of age with a
firearm, air gun, ammunition or explosive without the written
consent of his parent or guardian or of the Police Department.
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 Minnesota Statutes, Section 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
C. The discharge of firearms in an approved
firearms range operating under a permit issued by the Council prior
to August 15, 1989.
or property.
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. 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.
229 (7-1-94)
•
$ 10.10
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, ice box, 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
community -wide 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, 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.
Source: Ordinance No. 171, 2nd Series
Effective Date: 10-29-93
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.
230 (7-1-94)
•
S 10.11
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 hybred 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;
3. When unprovoked, bitten a person or
domestic animal on public or private property on two or more
occasions; or,
4. When unprovoked, chased or approached
a person upon the streets, sidewalks, or any public property
in an apparent attitude of attack on two or more occasions.
E. 'Owner' means any person, firm,
corporation, organization, or department possessing,
1110 harboring, keeping, having an interest in, or having care,
custody, or control of a dog or cat.
P. '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 (6) 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 qy the City and accompanied by
a certificate of a veterinarian, duly licensed to practice
veterinary medicine in the State of Minnesota, 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.
231 (5-31-92)
5 10.11
IDB. Period and Fees. All dog licenses shall
expire on February 20 of each year and shall become delinquent
on February 21 in each 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 non -transferable, 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 description of the dog, (2) location of impoundment, and (3)
the condition for its release.
ill,
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
232 (5-31-92)
•
§ 10.11
five (5) 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 their
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 Doge and Cate. 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 Minnesota Statutes, Section 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 specie, 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.
Source: Ordinance No. 135, 2nd Series
Effective Date: 4-17-92
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:
233 (7-1-94)
5 10.11
•five (5) 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 their 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 Minnesota Statutes,
Section 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 specie, 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. Permit such animal to habitually bark, cry,
•whimper, howl, whine, or emit any other loud or unusual noise;
233 (5-31-92)
5 10.11
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/her duty to enforce this
Section;
5. Keep or own four or more dogs or cats, or
combination thereof, over six (6) 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. Dangerous Doge.
A. County Registration Required. It is unlawful to
own or keep a dangerous dog within the City unless such dog is duly
registered with Dakota 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 without
having a tag identifying the dog as a dangerous dog affixed to the
dog 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.
233-1 (7-1-94)
•
•
5 10.11
E. Non -Application to Police Dogs. The provisions
of this Subdivision shall not apply to any dangerous dog used by
law enforcement officials for public work.
Source: Ordinance No. 165, 2nd Series
Effective Date: 4-17-92
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 (5) days from the date
thereof and shall be served at least three (3) 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 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 applicable, the dates,
times, and places of animals and persons bitten, attacked, injured
or disfigured, or of other violations, and shall be given ten (10)
days to request a hearing for determination as to the disposition
of the animal. If the owner does not request a hearing within ten
(10) days of the notice, the Council shall make an appropriate
order including destruction or other property 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 (3)
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 Council
233-2 (7-1-94)
5 10.11
shall make an appropriate order within thirty (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 Dakota 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.
Source: Ordinance No. 135, 2nd Series
Effective Date: 4-17-92
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 of Minnesota 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 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. Persona 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 (10) 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 (5) feet high and
233-3 (7-1-94)
•
9 10.11
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 forty (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.
233-3.1 (7-1-94)
•
(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.
Source: Ordinance No. 165, 2nd Series
Effective Date: 5-14-93
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• - 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.
Source: City Code
Effective Date: 1-1-83
233-3.2 (7-1-94)
•
§ 10.12
IIISubd. 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.
Source: Ordinance No. 98, 2nd Series
Effective Date: 3-2-90
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.
IIIISubd. 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.
Source: City Code
Effective Date: 1-1-83
SEC. 10.13. TRAPPING PROHIBITED - EXCEPTIONS.
Subd. 1. Definitions. The following terms, as used
in this Section, shall have the meanings stated:
A. 'Trap' - 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" - The act of setting, laying or
possession with intent to set or lay a trap.
4111 Subd. 2. Unlawful Act. It is unlawful for any
person to do any trapping.
233-4 (5-31-92)
•
•
3 10.13
Subd. 3. Exceptions. This Section shall not apply
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.
8. 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, wild life
or birds, which will be returned to their natural environment
uninjured.
Source: Ordinance No. 2, 2nd Series
Effective Date: 4-26-83
(Sections 10.14 through 10.19, inclusive, reserved for
future expansion.)
233-5 (5-31-92)
•
•
•
5 10.20
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. "Shade Tree Disease" - Dutch elm disease,
oak wilt disease, or any other tree disease of an epidemic
nature as declared by the Council.
B. "Nuisance".
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" - 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 of
Minnesota. 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
234 (6-15-91)
•
•
•
5 10.20
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 Minnesota 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 collecting samples for the purpose of
diagnosing disease. The Inspector, when so designated,
shall assit the City Forester in the planning and control of
shade tree diseases.
Subd. 3. Scope and Adoption by Reference.
Minnesota Statutes, Section 18.023, is hereby adopted by
reference, together with the Rules and Regulations of the
Minnesota 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 of
Minnesota. 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.
235 (6-15-91)
•
•
S 10.20
Subd. 7. Procedure for Removal of Infected Trees
and Hood.
A. Whenever the City Forester or Tree
Inspector finds, with reasonable certainty, that the infec-
tion 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 Minnesota Statutes,
Chapter 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 twenty (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 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 of
Dakota 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.
R. 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 starting 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
236 (6-15-91)
•
•
•
3 10.20
may then spread the charges or any portion thereof against
the property involved as a special assessment under
Minnesota Statutes, Section 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. B. 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 they are 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 the Section of the City Code entitled
'Regulation of Grass, Weeds and Trees".
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.
237 (6-15-91)
•
•
•
5 10.21
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. Turfgrass Establishments. It is the
primary responsibility of any owner or occupant of any lot
to establish suitable turfgrass on all maintained portions
of said property within a period of one full growing season
from the completion of final grading or date of occupancy,
whichever is sooner. Maintained areas are defined to
include all front and side lots and all rear portions of the
lot which are intended for private usage, occupation. In
cases where turfgrass establishment is required for the
purposes of controlling erosion, the City may, at its
discretion, establish a shorter period of time for
compliance with this provision.
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:
Gingko (female only)
Box elder
Non disease resistant elm species
Non hybrid cottonwood species
Subd. 4. Maintenance of Grass, Weeds and Trees.
It is the primary responsibility of any owner or occupant of
any lot or parcel of land to abate any nuisance or noxious
weeds, to maintain turfgrass growing thereon at a height of
not more than six inches, to remove all public health or
safety hazards therefrom, and to treat or remove insect -
infested, diseased, or nuisance trees.
Subd. 5. 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
238 (6-15-91)
•
•
•
S 10.21
accordance with the procedures and methods specified in
Section 10.20 of the City Code.
Subd. 6. 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 Dakota 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.
Source: Ordinance No. 107, 2nd Series
Effective Date: 7-27-90
SEC. 10.22. (Repealed by Ordinance No. 119, 2nd
Series, adopted 6-4-91.)
SEC. 10.23. RULES AND REGULATIONS GOVERNING PUBLIC
PARES 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.
B. Scatter or litter the grounds or any
lake, pond, or water course 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.
239 (6-15-91)
•
•
•
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 appro-
priate use of the rinks, sledding or toboggoning 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 o'clock P.M. and
5:00 o'clock 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 o'clock P.M. without
authorization 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, semi-nude, commit any nui-
sance 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 reck-
less manner which would endanger any visitor or visitor's
property.
G. Swim or wade except in designated areas.
240
(1-1-83)
•
•
•
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.
golf ball.
I. Engage in any form of gambling.
J. Strike or otherwise propel a regulation
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 orrecreationarea,
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.
241
(1-1-83)
•
•
•
5 10.23
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 water craft. Non -motorized water craft 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 regula-
tions 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.
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 recrea-
tion areas including, but not limited to sponsors of teams,
shall deny another person access to, admission to, utiliza-
tion of, or benefit from any such event or use because of
race, age, sex, color, creed, religion or national origin.
Source: City Code
Effective Date: 1-1-83
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 M.S. 361.02(8), 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 Sheriff's Department, Eagan Police and Fire
Departments, and other pertinent officials.
242 (8-31-85)
•
•
S 10.24
B. Officials of the Minnesota Department of
Natural Resources, the Minnesota Pollution Control Agency,
Eagan Parks and Recreation Personnel, and personnel
authorized by the Director of Parks and Recreation.
C. Dakota County Personnel and their agents
upon lakes within the Dakota County Parks system.
D. Electric trolling motor driven watercraft
shall be permitted.
Subd. 3. Annoyance. No person shall navigate,
direct, or handle any boat in such a manner as to annoy,
unnecessarily frighten 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 30th 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 30th 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.
Source: Ordinance No. 18, 2nd Series
Effective Date: 11-30-84
Subd. 7. Adoption of State Laws. Chapter 868 of
Minnesota Statutes (Water Safety and Watercraft), 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.
Source: Ordinance No. 119, 2nd Series
Effective Date: 6-14-91
(Sections 10.25 through 10.29, inclusive, reserved for
future expansion.)
242-1 (6-15-91)
•
•
§ 10.30
SEC. 10.30. CURFEW.
Subd. 1. Curfew - Minors Under the Age of Sixteen
(16). It is unlawful for any minor person under the age of
sixteen years to be or loiter upon the streets or public
places between the hours of 10:00 o'clock P.M. and 5:00
o'clock A.M. of the day next following.
Subd. 2. Curfew - Minors Who Are Sixteen (16) or
Seventeen (17) Years of Age. It is unlawful for any minor
person sixteen or seventeen years of age to be or loiter
upon the streets or public places between the hours of 12:00
o'clock midnight and 5:00 o'clock 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 Amusement,
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 eighteen
(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 eighteen (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.
Source: Ordinance No. 16, 2nd Series
Effective Date: 4-27-84
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.
243 (4-30-84)
•
•
4 10.31
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.
243-1 (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 per-
mit, 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 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 prop-
erty 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, adver-
tisement, 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 projected danger to public or private prop-
erty 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.
244
(1-1-83)
•
•
§ 10.33
Source: City Code
Effective Date: 1-1-83
SEC. 10.33. (Repealed by Ordinance No. 33, 2nd Series,
adopted 5-6-86.)
SEC. 10.34. DRUG PARAPHERNALIA - POSSESSION,
MANUFACTURE, DELIVERY AND ADVERTISEMENT 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, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human
body a controlled substance in violation of Minnesota
Statutes, Chapter 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;
245 (6-15-86)
•
•
•
5. Scales and balances used, intended
for use, or designed for use in weighing or measuring con-
trolled 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;
10. Containers and other objects used,
intended for use, or designed for use in storing or conceal-
ing 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 intro-
ducing 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;
(9)
(h)
(i)
(j)
(k)
(1)
(m)
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air -driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
B. Other Terms. Other terms are as defined
in Minnesota Statutes, Section 152.01.
246
(1-1-83)
•
•
•
C. Evidence. In determining whether an
object is drug paraphernalia, a court or other authority
should 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 Minnesota Statutes, Chapter 152; the innocence
of an owner, or of anyone in control of the object, as to a
direct violation of Minnesota Statutes, Chapter 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 distri-
butor 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 legiti-
mate uses for the object in the community;
14. Expert testimony concerning its use.
247
(1-1-83)
•
•
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, con-
tain, conceal, inject, ingest, inhale, or otherwise intro-
duce into the human body a controlled substance in violation
of Minnesota Statutes, Chapter 152.
B. Manufacture or Delivery of Drug Parapher-
nalia. It is unlawful for any person to deliver, possess
with intent to deliver, or manufacture with intent to de-
liver, 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, in-
hale, or otherwise introduce into the human body a con-
trolled substance in violation of Minnesota Statutes,
Chapter 152.
C. Delivery of Drug Paraphernalia to a
Minor. Any person eighteen years of age or over who vio-
lates Subparagraph B, above, by delivering drug parapher-
nalia to a person under eighteen 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, maga-
zine, 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 parapher-
nalia as defined by Subdivision 1 is subject for forfeiture,
subject to the provisions set forth in Minnesota Statutes,
Section 152.19, Subdivision 2 and Subdivision 4, in the same
manner as if said forfeiture were pursuant to Minnesota
Statutes, Chapter 152.
Source: Ordinance No. 74
Effective Date: 11-6-80
(Sections 10.35 through 10.39, inclusive, reserved for
future expansion.)
248
(1-1-83)
§ 10.40
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.
Source: Ordinance No. 183, 2nd Series
Effective Date: 6-24-94
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 an examination to determine their fitness for the
position. The examination shall be open to members and non-members
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.
Source: City Code
Effective Date: 1-1-83
Subd. 4. New Materials, Processes or Occupancies Which
May Require Permits. The Building Inspector, a representative
appointed by the Council and the Fire Chief or his representative
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.
Source: Ordinance No. 175, 2nd Series
Effective Date: 2-4-94
CODIFIER'S NOTE: Ordinance No. 175, 2nd Series, repealed prior
Subdivision 4 entitled "Amendments Made in the Minnesota Uniform
Fire Code", and renamed Subdivision 5 as Subdivision 4.
248-2 (7-1-94)
•
•
5 10.40
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 engineers'
grade reflective sheeting;
3. The sign shall only read:
No
Parking
Fire
Lane
travel;
6. The post on which the sign is attached
shall be set back at least two (2) feet but not more than three (3)
feet from the curb or driving surface; and
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
7. The bottom of the sign plate shall be at
least seven (7) feet above the ground.
8. The sign post 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.
Source: Ordinance No. 166, 2nd Series
Effective Date: 5-14-93
249 (7-1-94)
•
•
•
5 10.41
SEC. 10.41. AIR POLLUTION CONTROL. The Air Pollution
Control Rules, promulgated by the Minnesota 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.
SEC. 10.42. NOISE POLLUTION REGULATIONS.
Subd. 1. Adoption of Regulations. The Noise
Pollution Control Section of the Minnesota State Regulations
published by the Minnesota Pollution Control Agency, are
hereby adopted by reference as though set forth verbatim
herein. Two copies of such 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.
Source: City Code
Effective Date: 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.
250 (4-30-84)
•
S 10.43
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.
F. "Calendar Year" means the period January
1 through December 31 of each year.
-
G. "Residential Alarm User" means occupied
housing units, residential homes and condominiums.
H. "Non -Residential" means commercial,
industrial, business, State agencies, special purpose units
of government, apartment complexes.
Subd. 3. Regulations and Requirements.
A. Alarm User Registration. Following the
first false alarm within any calendar year, the alarm user
shall fill out and return to the Police Department the
"Alarm User Registration" form as provided within 30 days.
B. False Alarm Statement of Correction.
Following the sixth false alarm within the calendar year,
the alarm user shall fill out and return to the Police
Department within five days the "False Alarm Statement of
Corrections". This form shall contain a detailed statement
of the corrective actions the alarm user has taken to
prevent additional false alarms, and to notify alarm user of
impending forfeitures should additional false alarms occur.
C. Audible Alarms. 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 frcm the ground level adjacent to
the building.
250-1 (4-30-84)
•
•
•
§ 10.43
2. Alarm systems with audible alarm
signals, except for fire alarms, shall have an automatic
shut-off which will silence the audible alarm signal within
a period not to exceed 20 minutes.
D. In -House Annunciation Panel. Financial
institutions having an alarm system with multiple sensors
shall have an in-house annunciation panel providing specific
annuncia-tion 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 D may be waived. Compliance with this
Subparagraph D is required of all alarm systems installed in
financial institutions after the effective date of this
Section, and within one year from effective date of this
Section for currently operating alarm systems.
E. 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 Departments.
No automatic dialing services or systems are permitted in
any form, including automatic dialing of the emergency
number 911.
F. Unlawful Act. It is unlawful for any
person to fail or refuse to comply with the regulations set
forth in this Subdivision.
Subd. 4. Schedule of Payment Rates.
A. Residential users of alarm systems shall
be permitted six (6) false alarms per calendar year and pay
$50.00 per false alarm thereafter.
B. Non-residential users of alarm systems
shall be permitted six (6) false alarms per calendar year
and pay $75.00 per false alarm thereafter.
C. There is hereby established a ninety (90)
day grace period for all newly installed alarm systems; all
false alarms occuring during this period shall not be
considered part of the six allowable false alarms per year.
The installation date must be verified by a dated sales
receipt for the alarm system, or a dated invoice from the
installer of the alarm system.
D. 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.
250-2 (4-30-84)
•
•
g 10.43
E. All payments provided for in this
Subdivision shall be made to the City within 30 days after
mailing a statement to the alarm user. Payments not made
within 30 days are delinquent and a penalty of 10% of the
amount due will be added. 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.
F. Confidentiality. All information
submitted in compliance with this Section shall be held in
confidence and shall be deemed a confidential record exempt
from discovery .to the extent permitted by law. Subject to
requirement of confidentiality, the Chief of Police may
develop and maintain statistics for the purpose of ongoing
alarm systems evaluation.
Source: Ordinance No. 16, 2nd Series
Effective Date: 4-27-84
(Sections 10.44 through 10.49, inclusive, reserved for
future expansion.)
250-3 (4-30-84)
•
•
•
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 Sec-
tion, a "motor vehicle" is as defined in Minnesota Statutes,
Chapter 169, and an "abandoned motor vehicle" is as defined
in City Code, Section 2.70.
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 furnish-
ings 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.
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" - 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. "Pick-up Coach" = A structure designed to
be mounted on a truck chassis for use as a temporary
dwelling for travel, recreation and vacation.
C. "Motor Home" - 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" - 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.
251
(1-1-83)
•
•
•
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
seventy-two hours, and in no event may such mobile home or
recreational vehicle be parked within fifteen feet of the
improved portion of any roadway. For the purpose of this
provision, the term "setback" means within fifteen feet of
the improved portion of any roadway.
Source: City Code
Effective Date: 1-1-83
(Sections 10.53 through 10.98, inclusive, reserved for
future expansion.)
252
(1-1-83)
•
•
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.
Source: City Code
Effective Date: 1-1-83
253
(1-1-83)
•
•
•
(Pages 254 through 263 reserved)
(1-1-83)'
11. LAND USE REGULATIONS
(ZONING)
1
e • •
7
11. LAND USE REGULATIONS
(ZONING)
•
• •
•
•
•
Title Page
CHAPTER 11 LAND USE REGULATIONS (ZONING) 264
Sec. 11.01 Intent and Purpose ' 264
11.02 Rules of Language Construction . • 264
11.03 Definitions 264
11.04-11.09 Reserved
11.10 General Provisions 273
Subd. 1 Application 273
Subd. 2 Separability 273
Subd. 3 Non -Conforming Uses . . 273
Subd. 4 Lot Provisions 274-1
Subd. 5 Accessory Buildings and
Structures 274-1
Subd. 6 Required Yards and Open
Space 275
Subd. 7 Traffic Visibility 276
Subd. 8 Public Utility Service. ▪ 276
Subd. 9 Structures in Public
Rights -of -Way 276
Subd. 10 Land Reclamation and
Mining 276
Subd. 11 Building Permit and
Certificate of Occupancy. 277
Subd. 12 Design and Maintenance of
Off -Street Parking Areas. 277
Subd. 13 Required Off -Street
Parking 277
Subd. 14 Off -Street Loading Areas. 279
Subd. 15 Landscaping 279
Subd. 16 Public Address Systems. • 279
Subd. 17 Open Sales Lots 279
Subd. 18 Hours of Operation 280
Subd. 19 Additional Requirements,
Exceptions and Modifica-
tions 280
Subd. 20 Fences 281
Subd. 21 Motor Fuel Station Design 282
Subd. 22 Residential Complex
Development 282-1
Subd. 23 Municipal Utilities for
Residential Development ▪ 283
Subd. 24 Design and Construction
Requirements (R-3 and R-4)
for Multiple Dwellings. 283
Subd. 25 Platting for Commercial and
Industrial . . 285
i (5-31-92)
Title Page
Sec. 11.10 General Provisions (cont.)
Subd. 26 Placement of House on
Residential Lot 285
Subd. 27 Commercial and Industrial
Site Development 286
Subd. 28 Joint Parking Facilities. 286
Subd. 29 Outdoor Storage by
Businesses 286
11.11-11.19 Reserved
11.20 Use Districts 287
Subd. 1 Classification 287
Subd. 2 Zoning Map 287
Subd. 3 "A" Agricultural District 288
Subd. 4 "E" Estate District . . . 289
Subd. 5 Residential Districts . 289
Subd. 6 Minimum Area, Setback and
Height Requirements . . . . 291
Subd. 7 "P" Public Facilities
District 294
Subd. 8 "PD" Planned Development
District 295
Subd. 9 "LB" - Limited Business
District 296
Subd. 10 "NB" Neighborhood Business
District 298
Subd. 11 "GB" General Business
District 299
Subd. 12 "CSC" Community Shopping
Center District 302
Subd. 13 "RSC" Regional Shopping
Center District 305
Subd. 14 "RB" Roadside Business
District 307
Subd. 15 Area Standards and
Requirements 308
Subd. 16 I-1 Limited Industrial
District 311
Subd. 17 I-2 General Industrial
District
Subd. 18 R-D Research and
Development District.
313-1
314
Subd. 19 Additional Standards and
Requirements 315
ii (5-31-92)
•
Title
Sec. 11.20 Use Districts (cont.)
Subd. 20 Minimum Requirements for
Lot Area, Width, Frontage,
Height, Yards, Ground Floor
Area for "R-D" and "I"
Districts 318
Subd. 21 Flood Plain Districts . . 319
11.21 Shoreland Zoning 319
Subd. 1 Purpose and Intent 319
Subd. 2 Scope 319
Subd. 3 Enforcement 319
Subd. 4 Abrogation and Greater
Restrictions 319
Subd. 5 Definitions 319
Subd. 6 Administration 319-4
Subd. 7 Shoreland Classification and
Shoreland Use Districts . . 319-6
Subd. 8 Dimensional Requirements. . 319-10
Subd. 9 General Provisions 319-13
A. Lots for Controlled
Accesses 319-13
B. Placement and Design
of Structures 319-14
C. Floodplain Regulations319-14
D. Water -Oriented Accessory
Structures 319-14
E. Stairways, Lifts,
Landings and Docks. . 319-14.1
F. Significant Historic
Sites 319-14.2
G. Steep Slopes 319-14.2
H. Height of Structures. 319-14.2
I. Shoreland Alterations 319-14.2
J. Wetland Protection
Regulations 319-14.5
K. Placement and Design of
Roads, Driveways, and
Parking Area 319-14.5
L. Stormwater Management 319-14.6
M. Special Provisions For
Public/Semipublic,
Agricultural, Forestry
and Extractive Uses . . 319-14.7
Past
iii (7-1-94)
Title Paae
Sec. 11.21 Shoreland Zoning (cont.)
Subd. 9 General Provisions (cont.)
N. Conditional Uses. . . . 319-14.8
O. Water Supply and Sewage
Treatment 319-14.9
P. Subdivision Provisions319-14.11
Subd. 10 Planned Development (Cluster
Developments) 319-14.11
A. Types of Planned Devel-
opments Permitted . . . 319-14.11
B. Conditional Use
Requirements 319-14.11
C. Application for Planned
Development 319-14.12
D. Public Utilities. . . 319-14.12
E. Site Evaluation . . . 319-14.12
F. Residential and Commer-
cial Planned Development
Use 319-14.13
G. Density Increase
Multipliers 319-14.14
H. Maintenance and Design
Criteria 319-14.15
I. Open Space Standards. 319-14.16
J. Erosion Control and
Stormwater Management 319-14.17
K. Centralization and
Design of Facilities. . 319-14.17
L. Conversions 319-14.18
M. Existing Unit
Conditions 319-14.18
Subd. 11 Non -Conformities 319-14.18
11.22 Interim User Permits 319-14.20
11.23-11.29 Reserved
11.30 Performance Standards 320
11.31-11.39 Reserved
11.40 Administration and Enforcement. . . . 322
Subd. 1 Enforcing Officer 322
Subd. 2 Board of Adjustments and
Appeals 322
Subd. 3 Variances 323
iv (7-1-94)
Title Page
Sec. 11.40 Administration and Enforcement (cont.)
Subd. 4 Conditional Use Permits . . 325
Subd. 5 Amendments (Including
Zoning) 326-1
Subd. 6 Planned Development . . . 327-1
Subd. 7 Special Permits 330
Subd. 8 Building Permit Reviews . 330
Subd. 9 Petition Forms 331
Subd. 10 Fees 331
11.41-11.79 Reserved
11.80 Flood Plain Regulations 332
Subd. 1 Finding of Facts and
Purposes 332
Subd. 2 Definition 332
Subd. 3 General Provisions 333
Subd. 4 Flood Plain District (FP) 334
Subd. 5 Flood Plain Evaluation
Procedure 337
Subd. 6 Special Provisions for
Flood Plain Variances . . . 338
Subd. 7 Special Provisions for
Flood Plain Violations. . . 338
11.81-11.98 Reserved
11.99 Violation a Misdemeanor 340
•
(7-1-94)
•
•
CHAPTRR 11
LAND USE,REGULATIONS (ZONING)
SECTION 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 loca-
tion, 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 develop-
ment 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 admin-
istration 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.
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.
SEC. 11.03. DEFINITIONS. The following terms, as used
in this Chapter, shall have the meanings stated:
1. "Abutting" - Making contact with or separated
only by public thoroughfare, railroad or public right-of-
way.
2. "Accessory Use or Structure" - A structure
subordinate to and serving the principal use or structure on
the same lot and customarily incidental thereto.
3. "Addition" - An extension or increase in floor
area or height of a building or structure.
4. "Automobile Reduction Yard" - A lot or yard
where one (1) or more unlicensed motor vehicles or the
remains thereof, are kept for the purpose of dismantling,
264
(1-1-83)
O
•
wrecking, crushing, sale of parts, sale of scrap, storage or
abandonment.
5. "Automobile Repair -Major" - General repair,
rebuilding, or reconditioning of engines, motor vehicles or
trailer, including body work, framework, welding and major
painting service.
6. "Automobile Repair -Minor" - 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 paint-
ing and upholstering service. Above stated is applied to
passenger automobiles and trucks not in excess of 7,000
pounds gross weight.
7. "Building" - Any structure used or intended
for supporting or sheltering any use or occupancy.
8. "Building Coverage" - The area of a lot
covered by building(s).
9. "Building Height" - 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.
10. "Carport" - An automobile shelter having one
or more sides.
11. "Church" - 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.
12. "Commission" - The Planning Commission of the
City.
13. "Conditional Use Permit" - A permit specially
and individually granted by the Council after review thereon
by the Planning Commission for any conditional use so per-
mitted in any use district.
14. "Dwelling" - A building or one or more por-
tions thereof occupied or intended to be occupied for resi-
dence purposes, but not including rooms in motels, hotels,
nursing homes, boarding houses, mobile homes, tents, cabins
or trailer coaches.
15. "Dwelling -Attached" - A dwelling which is
joined to another dwelling at one or more sides by a party
wall or walls.
265
(1-1-83)
0
•
•
16. "Dwelling -Detached" - A single dwelling unit
not attached to another dwelling or structure.
17. "Dwelling -Unit" - A single unit providing
complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping,
eating, cooking, and sanitation.
18. "Essential Services" - Underground and over-
head gas, electrical, steam, or water distribution systems;
collector, communication, supply or disposal systems includ-
ing poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic
signals, hydrants or similar equipment and accessories in
conjunction therewith, including City buildings.
19. "Excavation" - The removal, filling with, or
storage of rock, sand, dirt, gravel, clay or other like
material.
20. "Excavation Permit" - A permit to remove,
excavate, or store; rock, sand, gravel, dirt, clay or other
like material, issued by the City.
21. "Family" - An individual, or two or more per-
sons each related by blood, marriage, or adoption, living
together as a single housekeeping unit; or a group of not
more than five (5) persons not so related maintaining a
common household and using common cooking and kitchen
facilities.
22. "Farm" - A parcel of land having an area of
ten (10) acres or more (5 acres for truck farms) which is
under cultivation or is fenced and utilized as pasture.
23. "Fence" - A fence is defined for the purpose
of this Chapter as 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 (6) feet in height shall be con-
sidered a structure.
24. "Floor Area" - 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.
25. "Grade" - 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 (5) feet from the
266
(1-1-83)
•
et
5 11.03
building, between the building and the line five (5) feet
from the building.
Source: Ordinance No. 52
Effective Date: 4-25-75
26. "Single Garage" has a minimum of 10 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.
Source: Ordinance No. 66, 2nd Series
Effective Date: 7-15-88
27. "Garage Sale" - 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.
28. "Home Occupation" - 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 the general practice of his
profession when such general practice will involve the need
for more than three (3) 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 (3) 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 use; however, these
may be allowed as permitted under Section 11.20 of this
Chapter.
29. "Horticulture" - The production and storage of
fruits, vegetables, and keeping, raising or production of
livestock.
30. "Junk Yard" - 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.
267 (7-1-89)
•
•
•
§ 11.03
Storage of such materials in conjunction with a permitted
manufacturing process when within an enclosed area or
building shall not be included.
31. "Kennel" - As defined in Section 6.38 of the
City Code.
32. "Land Reclamation" - Depositing four hundred
(400) cubic yards or more of materials so as to elevate the
grade.
267-1 (7-1-89)
•
•
•
33. "Loading Berth" - An unobstructed area pro-
vided and maintained for the temporary parking of trucks and
other motor vehicles for the purpose of loading and unload-
ing goods, wares, materials and merchandise as more fully
described in Section 11.10.
34. "Lot" - 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.
35. "Lot Area" - 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.
36. "Lot Area Per Unit" - The number of square
feet of lot area required per dwelling unit.
37. "Lot, Corner" - A lot situated at the junction
of and abutting on two (2) or more intersecting streets, or
a lot at the point of deflection in alignment of a contin-
uous street, the interior angle of which does not exceed one
hundred and thirty-five (135) degrees.
38. "Lot Depth" - The mean horizontal distance
between the front lot line and the rear lot line of a lot.
39. "Lot Line" - A lot line is the property line
bounding a lot.
40. "Lot Line -Front" - 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.
41. "Lot Line -Rear" - That boundary of a lot which
is opposite the front lot line. If the rear lot line is
less than ten (10) feet in length, or if the lot forms a
point at the rear, the rear lot line shall be a line ten
(10) feet in length within the lot connecting the side lot
lines and parallel to the front lot line.
42. "Lot Line -Side" - 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.
43. "Lot of Record" - Part of a subdivision ap-
proved 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
268
(1-1-83)
5 11.03
4111 minimum requirements of Minnesota State Law and all City Code
provisions in effect upon the date of said recording.
44. 'Lot -Through' - A lot which has a pair of
opposite lot lines abutting two (2) substantially parallel
streets, and which is not a corner lot.
45. 'Lot Width' - The distance measured between lot
lines, parallel to the front lot line at the minimum required
front yard setback.
46. 'Mining' - The extraction of sand, gravel or
other material from the land in the amount of three thousand
(3,000) cubic yards or more.
47. 'Motel' - A building or group of buildings used
primarily as a temporary residence of a motorist, tourists or
travelers.
48. 'Motor Freight Terminal' - 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.
49. 'Motor Fuel Station Class I' - A place or
business engaged in only the sale of motor fuels, incidental
1110 petroleum products and providing minor automobile services as
defined herein.
•
50. 'Motor Fuel Station Class II' - A place of
business engaged in the sale of motor fuels and dispension of
services generally associated with the operation and
maintenance of motor vehicles, including major auto or truck
repair facilities.
51. 'Non -Conforming Structures' - Any structure
permitted by existing City Code provisions 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).
52. 'Non -Conforming Use' - Use of land, building 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.
53. 'Nursery -Day' - A use where care is provided for
pay for more children than those of one (1) family in addition
to the family residing on the premises.
Source: Ordinance No. 52
Effective Date: 4-25-75
269 (5-31-92)
§ 11.03
54. outdoor Storage" - 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.
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
55. "Parking Space" - A suitable surfaced or permanently
maintained area on privately owned property of sufficient size to
store one (1) motor vehicle either within or outside of a building.
56. "Performance Standard• - 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
57. "Planned Development" - 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.
Source: Ordinance No. 7, 2nd Series
Effective Date: 4-27-84
58. "Processing') - The crushing, washing, compounding or
treating of rock, sand, gravel or similar materials.
59. Public Hearing• - Whenever the term "public hearing"
is used in this Chapter, unless otherwise specifically re -defined,
it shall mean a public hearing pursuant to a notice published once
in the official newspaper of the City at least ten (10) 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.
60. •Public utility Services• - The providing of electric
power, gas, telephone, sanitary sewer and water.
270 (7-1-94)
•
S 11.03
1110 61. 'Publication' - Notice placed in the official
City newspaper stating time, location, and date of meeting and
description of topic.
62. 'Restaurant, Class I - Traditional Restaurant' -
An eating facility where Eood is served to a customer and
consumed by him while seated at a counter or table.
"Cafeteria" - An eating establishment where food is selected
by a customer while going through a serving line and taken to
a table for consumption.
63. 'Restaurant, Class II - Fast Food' - 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" - Most customers consume their food in
an automobile regardless of how it is served. "Carry -out and
Delivery Restaurants" - Food is prepared for consumption off
the premises only.
64. 'Sign' - As defined in Section 4.20 of the City
Code.
65. 'Special Use Permit' - A permit that
specifically and individually is granted by the Council for a
temporary use with a specified termination date.
66. 'Story' - 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 6 feet above grade as
defined herein for more than 50% 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.
67. 'Street' - A public right-of-way which affords
a primary means of access to abutting property.
Source: Ordinance No. 52
Effective Date: 4-25-75
68. 'Structure' - 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.
Source: Ordinance No. 133, 2nd Series
Effective Date: 2-14-92
271 (5-31-92)
5 11.03
69. "Thoroughfare" - Shall be those streets as shown on
the City Thoroughfare Plan at the rights -of -way width indicated.
70. •Townhouse• - Single family building having one (1)
or more walls in common with another single family building
oriented so all exits open directly to the outside.
71. •IIse• - The purpose of activity for which the land or
building thereon is designated, arranged or intended or for which
it is occupied.
72. "Use for Accessory, Special or Conditional" - See
definitions contained herein.
73. •IIse-Permitted• - 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.
74. •IIse-Principal• - The main use of land or buildings
as distinguished from subordinate or accessory uses. A "principal
use" may be either permitted or conditional.
75. Yard - 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.
76. Zoning District - 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
77. "Amusement Device" - As used herein a mechanical
amusement device is defined as 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 pay-off device for the return of money coins, checks,
tokens or merchandise, or which provides for no such pay-off by any
other means or manner.
Source: No. 52 Amendment
Effective Date: 8-8-80
78. "Setback" - The horizontal distance between a
building and a street right-of-way or lot line.
Source: Ordinance No. 7, 2nd Series
Effective Date: 4-27-84
272 (7-1-94)
•
•
•
4 11.03
79. "Regional Floods - A flood which is representative of
large floods known to have occurred generally in Minnesota 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 flood plain
and with the term "base flood" used in the Flood Insurance Rate
Map.
80. "Basement' - Any area of a structure, including crawl
spaces, having its floor or base sub -grade (below ground level) on
all four sides, regardless of the depth of excavation below ground
level.
81. •Flood• - A temporary rise in stream flow or stage
that results in inundation of the areas adjacent to the
channel.
82. •Flood Frequency• - The average frequency,
statistically determined, for which it is expected that a specific
flood stage or discharge may be equalled or exceeded.
83. 'Flood Fringe• - That portion of the flood plain
outside of the floodway and which has been or hereafter may be
covered by the regional flood.
84. •Flood Plain" - 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. Flood plain 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.
85. "Flood Proofing• - A combination of structural
provisions, changes or adjustments to properties and structures
subject to flooding primarily for the reduction or elimination of
flood damages.
86. •Ploodway - The channel of the watercourse and those
portions of the adjoining flood plains which are reasonably
required to carry and discharge the regional flood.
Source: Ordinance No. 133, 2nd Series
Effective Date: 2-14-92
87. 'Rental Shop - 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.
Source: Ordinance No. 176, 2nd Series
Effective Date: 1-26-94
(Sections 11.04 through 11.09, inclusive, reserved for future
expansion.)
272-1 (7-1-94)
•
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 pro-
visions 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, 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. Non -Conforming Uses. Any lawful use of
any structure of land existing at the time of adoption of
this Chapter or any amendments thereof which do not conform
to the provisions of this Chapter shall be subject to the
following:
A. The adoption and provisions of this
Chapter shall not prohibit the continued use or expansion or
rebuilding of any use or building existing upon the date of
adoption of this Chapter which would have conformed to the
provisions of Sections 6.01 through and including 6.06 which
was repealed by this Chapter. Said expansion shall not be
interpreted to permit an initial development in accordance
with said repealed ordinance. Said expansion or rebuilding
shall only relate to existing buildings or uses.
(CODIFIER'S NOTE: Sections 6.01 through 6.06, referred to
herein were provisions of the Zoning Ordinance repealed when
Ordinance No. 52 was adopted.)
273
(1-1-83)
4111 B. Where any non -conforming use otherwise
permitted by the provisions of this Subdivision is
discontinued for more than one (1) year for any reason, said
discontinued non -conforming use shall not be permitted unless
specifically permitted by the Council.
C. Any non -conforming use that is not subject
to the provisions of Subparagraph A above, shall not be
altered or expanded unless specifically approved by the
Council.
D. None of the foregoing provisions of this
Subdivision shall in any manner prohibit the reconstruction of
an existing dwelling or accessory buildings destroyed to any
degree by wind, fire or other natural causes which is
classified as a non -conforming use because it exists on an
undersized lot.
Source: Ordinance No. 52
Effective Date: 4-25-75
B. In the Flood Plain District, a structure or
the use of a structure or premises which was lawful before the
effective date of the Flood Plain Regulations, or any
amendment thereof, which is not in conformity with the
•provisions of those Regulations, may be continued subject to
the following conditions:
1. No use shall be expanded, changed,
enlarged, or altered in a way which increases its non-
conformity.
2. An alteration within the inside
dimensions of a non -conforming use or structure is permissible
provided it will not result in increasing the flood damage
potential of that use or structure.
3. The cost of all structural alterations
or additions both inside and outside of a structure to any
non -conforming structure over the life of the structure shall
not exceed fifty percent (50%) of the market value of the
structure unless the conditions of this Section are satisfied.
The cost of all structural alterations and additions
constructed since the adoption of the City's initial flood
plain controls shall be calculated into today's current cost
which shall include all costs such as construction materials
and a reasonable cost placed on all manpower or labor. If the
current cost of all previous and proposed alterations and
additions exceeds fifty percent (50%) of the current market
value of the structure, then the structure shall meet the
•standards of Section 11.80, Subd. 4, Subparagraph D, for new
structures.
274 (5-31-92)
4. If any non -conforming use of a
IIIstructure or land or non -conforming structure is degraded or
destroyed by any means, including floods, to an extent of
fifty percent (50%) or more of its market value at the time of
destruction, it shall not be reconstructed except in
conformity with the provisions of this Chapter. The Council
may issue a conditional use permit for reconstruction if the
use is located outside the floodway and, upon reconstruction,
is adequately elevated on fill in conformity with the
provisions of this Chapter.
•
Source: Ordinance No. 133, 2nd Series
Effective Date: 2-14-92
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 sixty (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 (1)
principal building on one (1) lot except when approved as a
part of a Planned Development.
building(s).
C. The lot shall be capable of supporting a
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
(2) animal units shall be not less than fifty (50) feet from
lot line and all buildings shall conform to yard regulations.
Source: Ordinance No. 52
Effective Date: 4-25-75
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
IIIconstruction of a residence can be used only for storage
274-1 (5-31-92)
•
•
•
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.
Source: No. 52 Amendment
Effective Date: 9-24-76
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 lo-
cated that it abuts on a public right-of-way or railroad
right-of-way, either a landscaped yard area of at least
thirty (30) feet shall be maintained from such right-of-way
and the nearest developed play space, or a fence in confor-
mity 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 re-
quired 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 Right -of -Way Width
Interstate or
State Highway
Major Thoroughfare 150 feet
Major Thoroughfare 100 feet
Minor Thoroughfare 80 feet
275
Minimum Setback
50 feet
50 feet or 125 feet
from right-of-way
centerline which-
ever is greater.
50 feet or 100 feet
from right-of-way
centerline, which-
ever is greater.
40 feet or 80 feet
from right-of-way
centerline, which-
ever is greater.
(1-1-83)
•
•
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
Dakota County Assessor as one tax parcel.
Subd. 7. Traffic Visibility. On all corner lots
in all districts, no structure or planting in excess of
thirty (30) inches above the abutting curb line shall be
permitted within a triangular area defined as follows:
Beginning at the intersection of the projected curb lines of
two intersecting streets, thence thirty (30) feet along one
curb diagonally to a point thirty (30) feet from the point
of beginning of the other curb line, thence to the point of
beginning.
Subd. 8. Public Utility Service. It is unlawful
to install, construct, erect, alter, revise, reconstruct or
move any pipeline, underground telephone line, underground
electric transmission line and overhead electric transmis-
sion line including structures related thereto, without
first obtaining the approval from the Council. In issuing
said approval, the Council 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 ser-
vices 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.
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 regu-
lated 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, vehi-
cular 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.
276
(1-1-83)
Subd. 11. Building Permit and Certificate of
Occupancy. No structure shall hereafter be erected or
structurally altered until a building permit is issued by
the City. No structure except one or two family dwellings
shall hereafter be occupied after construction until a cer-
tificate of occupancy has been issued by the City.
Subd. 12. Design and Maintenance of Off -Street
Parking Areas.
A. Drainage. All parking lots except those
for less than four (4) vehicles, shall be graded according
to a drainage plan which has been approved by the City
Engineer. Catch basins, 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 illumi-
nate 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.
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 (4)
vehicles or more shall be constructed with concrete curbs.
E. Where a parking lot for four (4) 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 three and one-half (3-1/2) feet
in height to capture the vehicle light beams and muffle the
vehicle noise.
F. Driveways may only exceed a grade of ten
(10) percent (10%) where approved by the City Engineer. A
level area shall be provided for an automobile in front of
the garage on residential lots.
Subd. 13. Required Off -Street Parking. The fol-
lowing minimum parking spaces shall be provided and main-
tained 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 deter-
mine the adequacy of parking when approving a site plan.
A. Single Family Dwelling. At least two (2)
parking spaces for each dwelling unit. A garage will
fulfill this requirement.
B. Two -Family Dwellings. At least two (2)
parking spaces for each dwelling unit. A garage will
fulfill this requirement.
Source: Ordinance No. 52
Effective Date: 4-25-75
(1-1-83)
277
5 11.10
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 (1)
enclosed or underground garage space per unit and at least
one (1) outdoor parking space per unit shall be provided.
Source: Ordinance No. 66, 2nd Series
Effective Date: 7-15-88
D. Motel. At least one (1) space for each
dwelling unit or lodging room. Plus one (1) additional
space for each eight (8) units. Additional spaces shall be
required for liquor or restaurant facilities.
E. Church, Clubs. At least one (1) parking
space for each three and one-half (3-1/2) seats based on the
design capacity of the main assembly hall.
F. Hospital. At least one and one-half
(1-1/2) parking spaces for each patient bed.
G. Sanitarium, Convalescent Home, Rest Home,
Nursing Home or Institution. At least one (1) parking space
for each six (6) beds for which accommodations are offered,
plus one (1) additional parking space for each fifteen (15)
beds.
H. Medical or Dental Clinic. At least three
(3) parking spaces for each staff doctor practicing on the
premises at any one time or one (1) space for each one
hundred fifty (150) square feet of gross floor area, which-
ever is greater.
I. Theater. At least one (1) parking space
for each three (3) seats.
J. Drive -In Food Establishment. Said
parking space requirement shall be determined by the Council
when reviewing the site plan, and be based upon prior
experience.
K. Bowling Alley. At least five (5) 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 (4)
off-street parking spaces plus two (2) off-street parking
spaces for each service stall.
M. Retail Store. At least one (1) off-
street parking space for each one hundred fifty (150) square
feet of floor area up to a total floor area of twenty
thousand (20,000) square feet. Thereafter, one (1) space
shall be required for each two hundred (200) square feet of
floor area.
278 (7-1-89)
•
•
•
N. Restaurants, Cafes, Bars, Taverns, Night-
clubs. At least one (1) parking space for each three (3)
seats based on capacity design.
0. Banks, Savings 6 Loan. At least one (1)
parking space for each two hundred and fifty (250) square
feet of gross floor area plus five (5) stacking spaces for
each drive-in window.
P. Offices. At least one (1) parking space
for each one hundred fifty (150) square feet of net leasable
floor area.
Q. Furniture Store, Appliance Store, Whole-
sale and Warehouse up to 6,000 Square Feet. At least one
(1) 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 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 forty (40) foot wide landscaped yard,
including berms, and vegetation shall be provided and main-
tained along said public street.
D. Where a loading area is proposed within
three hundred (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. An approved landscape plan shall be
required for all new commercial, industrial and multiple
residential developments. Said landscape plan shall include
the size, location, quantity and species of all plant
materials.
B. The Council may require a landscape bond
to insure that all plant materials are planted and main-
tained for at least one (1) year.
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:
279
(1-1-83)
•
•
•
A. The minimum twenty (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 twenty (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.
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 two hundred (200)
feet or more from any residential use and fronting on a
major thoroughfare or commercial service road unless other-
wise specifically approved by the Council.
Source: Ordinance No. 52
Effective Date: 4-25-75
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 fifty percent (50%) when applied
to the following:
Antenna - Radio or TV
Flag Poles
Source: No. 52 Amendment
Effective Date: 9-24-76
B. Front Yard Variance. In any "R" Dis-
trict, wherever a platted block or otherwise subdivided area
has dwellings located on fifty percent (50%) or more of the
parcels located between two (2) streets, the minimum
280
(1-1-83)
•
•
•
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 Subdi-
vision 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 or denied, a property owner may
request a study by the City to determine whether the par-
ticular 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 twelve (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 resi-
dential use where it is determined that said parking has a
detrimental effect upon residential use. Said large vehi-
cles 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 habita-
tion 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.
G. Temporary Uses. The Council may grant a
special permit for a period of not to exceed thirty (30)
days for a temporary use not otherwise provided for by this
Section. Said temporary use may include, but is not limited
to, storage of materials for highway construction, Christmas
tree sales, special promotions and/or similar uses.
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 farm-
ing, 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:
281
(1-1-83)
1. Fences on all corner lots erected within
thirty (30) feet of the intersecting curb line shall be subject to
Traffic Visibility Requirements (See Subdivision 7 of this
Section).
six (6) feet.
2. Fences shall not exceed a maximum height of
C. Business and Industrial Fences. Property line
fences within all business and industrial districts shall not
exceed six (6) 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 protection, 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 twenty (20) feet landscaped yard shall
be provided along all abutting public rights -of -way lines, except
where approved driveways occur.
Source: Ordinance No. 52
Effective Date: 4-25-75
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 Subd. 29 of this Section.
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
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 (6) foot high screen (not less) shall be
erected and maintained along the side and rear property line that
abuts the "R" District.
282 (7-1-94)
•
S 11.10
IIIH. Access or egress curb cuts to a motor fuel
station shall not be less than fifty (50) feet from the curb
line intersection on secondary thoroughfares and eighty (80)
feet on major thoroughfares.
•
•
Subd. 22. Residential Complex Development. In all
R-3 and R-4 Districts, involving more than one (1) principal
structure, a development plan shall be required with a review
by the Planning Commission and the approval of
282-1 (5-31-92)
•
•
the Council. Said development plan shall be for a period of
three (3) years from the date of formal approval by the
Council. Approval for periods beyond the three (3) 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.
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 (3) units or more. The building
plan, including site plan for such a building shall be
certified by an architect, registered by the State of Minne-
sota, 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 one hundred fifty (150) cubic feet of storage
shall be provided within the multiple dwelling building for
each dwelling unit, exclusive 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:
283
(1-1-83)
•
•
•
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 require-
ment cannot be met because of climate, a bond shall be
required to insure compliance within a reasonable time. 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 storm
waters 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 subdivsions 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 equivalent 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, water courses, historic areas or similar conditions.
10. Public Safety. All site and build-
ing plans for multiple dwellings shall be reviewed by the
Fire and Police Departments with a recommendation to the
284
(1-1-83)
•
•
•
S 11.10
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 (2) foot interval.
12. Each multiple dwelling complex shall
have a minimum recreation area equal to two hundred (200)
square feet for each dwelling unit containing two (2) or
less bedrooms and one hundred (100) additional square feet
,for each dwelling unit containing more than two (2)
bedrooms. Said recreation area shall be a minimum of one
hundred (100) feet from any ponding area.
Source: Ordinance No. 52
Effective Date: 4-25-75
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.
Source: No. 52 Amendment
Effective Date: 9-24-76
14. Accessory Comercial 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 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
Subd. 26. Placement of House on Residential Lot.
A. On all residential lots not served by
public utilities which are at least twenty-four thousand
(24,000) square feet in area and one hundred seventy (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.
Source: Ordinance No. 7, 2nd Series
Effective Date: 4-27-84
285 (4-30-84)
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 dimensions,
location, material and design of the storage enclosure and area.
C. Performance Standards and Non -Compliance.
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:
within an enclosure.
(a) Outdoor storage items shall be placed
(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 movement.
(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. Non -Compliance. 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.
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
(Sections 11.11 through 11.19, inclusive, reserved for future
expansion.)
286-1 (7-1-94)
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.
Source: Ordinance No. 52
Effective Date: 4-25-75
Subd. 27. Commercial and Industrial Site Development.
All of the "Site Design and Development Procedures" provided in
Subdivision 24, Subparagraph B of this Section pertaining 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.
Source: No. 52 Amendment
Effective Date: 5-28-76
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. All
outdoor storage shall comply with this Subdivision within six (6)
months of its effective date.
286 (7-1-94)
•
•
•
•
S 11.20
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 - Flood Plain District.
Source: Ordinance No. 7, 2nd Series
Effective Date: 4-27-84
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.
287 (4-30-84)
•
•
s 11.20
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.
Source: Ordinance No. 52
Effective Date: 4-25-75
6. (Repealed by Ordinance No. 7, 2nd
Series, adopted 4-3-84.)
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 feed lots or
dog kennels subject to the requirements of Section 6.38 of
the City Code.
3. Commercial storage facilities.
Source: Ordinance No. 52
Effective Date: 4-25-75
4. Day care facilities providing
services to eleven (11) or more children at one time.
Source: No. 52 Amendment
Effective Date: 10-2-81
C. Accessory Uses. Within any Agricultural
"A" District, any accessory use permitted in an "R-1"
District shall be permitted.
Source: Ordinance No. 52
Effective Date: 4-25-75
288 (4-30-84)
•
•
•
5 11.20
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 use 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 use 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 non-commercial purposes, for the use of the
occupants of the premises.
Source: No. 52 Amendment
Effective Date: 9-24-76
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 use or uses
deemed similar by the Council:
1. R-1 Districts - one family detached
2. R-2 Districts - two family dwellings
dwellings only.
only.
289 (1-1-83)
•
•
S 11.20
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.
Source: No. 52 Amendment
Effective Date: 7-21-78
7. (Repealed by Ordinance No. 7, 2nd
Series, adopted 4-3-84.)
8. Manufactured homes (other than
mobile homes) as defined by Minnesota Statutes, Sections
327.31 to 327.35 (R-5 only).
Source: No. 52 Amendment
Effective Date: 8-10-82
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:
tennis clubs.
1. Golf courses, country clubs and
Source: Ordinance No. 52
Effective Date: 4-25-75
2. Day care facilities providing
services to eleven (11) or more children at one time.
Source: No. 52 Amendment
Effective Date: 10-2-81
3. Beauty parlors, in R-1 Districts
only, subject to the following conditions:
290 (4-30-84)
f
3 11.20
(a) Hours of operation shall be
from 8:00 o'clock A.M. to 8:30 o'clock 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 (2) customer automobiles.
(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.
Source: No. 52 Amendment
Effective Date: 4-23-79
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 use 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 non-commercial purposes, for the use of the
occupants of the premises.
Source: Ordinance No. 52
Effective Date: 4-25-75
7. (Repealed by Ordinance No. 76, 2nd
Series, adopted 2-7-89.)
Subd. 6. Minimum Area, Setback and Height
Requirements. The following chart shall establish the
minimum lot area, lot width, building setback and maximum
height requirements 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.
291 (7-1-89)
N
VD
N
•
SYMBOL
A
CO
-1
R-2
R-3
R-4
R-5
•
A. MINIMUM AREA, SETBACK AND HEIGHT REGULATIONS (Also See Section 11.10, Subdivision 6-C
USE DISTRICT LOT AREA
:Agricultural
Estate
Single
Family
Double
Townhouse
Multiple
Dwelling
Mobile Homes
Manufactured
Homes
LOT WIDTH
5 ac. per 300 feet
dwelling
unit
20,000 sq. 100 feet
ft, 1 ac. w/o
municipal
sewer 6 water
12,000 sq. 85 feet
ft, 1 ac. w/o
municipal
sewer 6 water
15,000 sq. 100 feet
ft.
6,000 sq.
ft. per
unit
See Sec. 11.20,
Subd. 6-B
See Sec. 4.40 of
City Code Chapter 4
Shall be constructed acc
FRONT -YARD OR
SETBACK ALONG
PUBLIC STREET
30 feet
30 feet
30 feet
30 feet
30 feet
50 feet
crding to the st
depending upon the desigr
of the propos
SIDE -YARD SETBACK
GARAGE OR
DWELLING ACCESSORY
UNIT STRUCTURE
30 feet 5 feet
30 feet 10 feet
10 feet 5 feet
10 feet 5 feet
30 feet 10 feet
30 feet 10 feet
andards in R-1, R-2, R-
ed development.
REAR -YARD
SETBACK
30 feet
•
MAXIMUM
HEIGHT
LIMITATIONS
30 feet for a
dwelling unit,
10 feet for an
accessory bldg.
15 feet
15 feet
30 feet for a
dwelling unit,
10 ft. for an
accessory bldg.
30 ft. for a
dwelling unit,
10 ft. for an
accessory bldg.
3 or R-4 District
21 stories
21 stories
21 stories
3 stories
Source: 'Ordinance No. 52, Effective 4-25-75
No. 52 Amendment, Effective 9-24-76
No. 52 Amendment, Effective 8-10-82
•
•
•
5 11.20
B. Minimum Area Requirements for Multiple
Dwellings.
NUMBER OF
STORIES NUMBER OF BEDROOMS
Efficiency 1-Bedroom 2-Bedroom 3-Bedroom
1 Story 3,960 (11)* 4,355**(10) 4,840 (9) 8,270 (5)
2 Story 2,920 (15) 3,090 (14) 3,350 (13) 5,455 (8)
3 Story 2,720 (16) 2,900 (15) 3,100 (14) 4,360 (10)
4 Story 2,180 (20) 2,200 (19) 2,560 (18) 3,630 (12)
5 Story 1,900 (22) 2,075 (21) 2,180 (20) 3,090 (14)
6 Story 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.
Source: Ordinance No. 52
Effective Date: 5-25-75
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 3 feet for each 1 foot of heights over 35 feet.
Source: Ordinance No. 66, 2nd Series
Effective Date: 7-15-88
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 (10%) of the total site area.
293 (7-1-89)
•
•
•
§ 11.20
F. Building Coverage of the Site. All
buildings including accessory buildings together shall not
cover more than twenty percent (20%) of the site area.
Source: Ordinance No. 52
Effective Date: 5-25-75
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 Minnesota Statutes, Sections 327.21 to 327.35 will be
allowed in R-5 zones when constructed in compliance with the
said Statute.
Source: No. 52 Amendment
Effective Date: 8-10-82
H. Exterior Building Finish. In all R-3 and
R-4 zones, at least fifty percent (50%) of any exterior
building finish shall consist of a combination of materials
which are non-combustible, non -degradable 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, corregated 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.
Source: Ordinance No. 66, 2nd Series
Effective Date: 7-15-88
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, provided any
such purpose is not a commercial profit making enterprise.
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:
294 (7-1-89)
•
•
•
5 11.20
1. On -sale beer at golf courses with
club houses 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.
2. Every public facilities structure
shall have a minimum setback from its lot or land area
boundaries of 2 feet for each 1 foot in height of such
structure, excluding steeples, ornaments or antennas.
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.
Source: No. 52 Amendment
Effective Date: 3-23-79
294-1 (7-1-89)
•
•
s 11.20
Subd. 8. PD - Planned Development District.
A. Purpose and Intent. This is supplemen-
tary to all other zoning districts contained in this
Chapter, the purpose of which is to encourage, under appro-
priate 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 peti-
tion 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 applica-
tions 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 addi-
tion, 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, Subpara-
graph 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 Devel-
opment Agreement" shall be approved by the Council as
described in Subdivision 6, Subparagraph C of Section 11.40.
Source: Ordinance No. 52
Effective Date: 4-25-75
295 (6-15-87)
•
•
•
5 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, Subd. 5, remove the
superimposed planned development zoning by resolution, and
the land area within the planned development shall automati-
cally 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, Subd.
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
terminated, whether the planned development zoning shall be
removed. The applicant shall provide an accurate list of
property owners within 350 feet of the development.
(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.
Source: Ordinance No. 36, 2nd Series
Effective Date: 4-11-86
Subd. 9. LB - Limited Business District.
A. Description. Limited Business Districts:
These 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).
296 (6-15-87)
S 11.20
IIIB. 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.
•
savings and loan.
3. Offices of a general nature where the
operations do not include retail sales or warehousing from the
site.
2. Professional offices, banks and
4. Clinics for human care.
5. Institutional Uses: Library, swimming
pool, church, public schools, religious centers, health
centers, and community buildings.
6. Funeral homes and mortuaries.
Source: Ordinance No. 52
Effective Date: 4-25-75
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 measurement of the distance between locations.
Source: No. 52 Amendment
Effective Date: 8-8-80
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.
297 (5-31-92)
•
restaurant facility.
5 11.20
7. On -sale liquor in conjunction with a
Source: Ordinance No. 52
Effective Date: 4-25-75
8. Restaurants -Class I only those granted a
permit according to applicable City Code provisions to serve 3.2
beer or wine.
adopted 11-12-93.)
9. (Repealed by Ordinance No. 172, 2nd Series,
10. Amusement devices exceeding three machines
at one licensed location or to be located within 200 feet of any
other licensed location.
Source: No. 52 Amendment
Effective Date: 8-8-80
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 District:
These are small business areas located in the center of a
residential neighborhood to serve the daily retail needs of
adjoining residents.
B. Permitted Dees. 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 construction is
commenced.
298 (7-1-94)
•
5 11.20
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; barber shop, 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
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
measurement of the distance between locations.
Source: No. 52 Amendment
Effective Date: 8-8-80
7. Rental Shops.
Source: Ordinance No. 177, 2nd Series
Effective Date: 1-26-94
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:
Source: Ordinance No. 52
Effective Date: 4-25-75
1. Subject to Section 11.10, Subd. 29, outdoor
storage and then only conducted by an occupant of the principal
building.
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
298-1 (771-94)
•
§ 11.20
2. On -sale liquor, wine or 3.2 beer.
Source: No. 52 Amendment
Effective Date: 5-28-76
3. Automobile service stations which
may be permitted 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 required under
Subparagraph 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.
Source: Ordinance No. 55, 2nd Series
Effective Date: 6-10-88
4. Banks and savings and loan offices
with drive -up tellers.
5. Animal clinic when contained within
a building.
Source: Ordinance No. 52
Effective Date: 4-25-75
6. Amusement devices exceeding three
machines at one licensed location or within 200 feet of any
other licensed location.
Source: No. 52 Amendment
Effective Date: 8-8-80
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 District:
These areas are designed for heavy uses and those businesses
which tend to serve other businesses and industry, as well
299 (8-31-88)
•
as residents. These uses can be incompatible with residen-
tial development, therefore, businesses in this zoning clas-
sification are concentrated and insulated as much as
possible Erom residential areas.
B. Permitted Uses. Within any "GB" Dis-
trict, 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 facil-
ities (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 facili-
ties when contained within a building.
5. Car wash (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 conditional use).
8. Rental shop (outdoor display or
storage subject to conditional use).
9. Animal hospital or clinic when con-
tained 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 con-
ducted within a building.
17. Garden store when conducted within a
building (outdoor sales subject to conditional use).
18. Bicycle, boat, motorcycle, snowmo-
bile sales and service (outdoor display or storage subject
to conditional use).
300
(1-1-83)
5 11.20
19. Printing business.
Source: Ordinance No. 52
Effective Date: 4-25-75
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
measurement of the distance between locations.
Source: No. 52 Amendment
Effective Date: 8-8-80
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:
Source: Ordinance No. 52
Effective Date: 4-25-75
1. Motor fuel sales.
Source: Ordinance No. 55, 2nd Series
Effective Date: 6-10-88
2. Subject to Section 11.10, Subd. 29, outdoor
storage and then only conducted by an occupant of the principal
building.
adopted 11-19-91.)
adopted 11-19-91.)
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
3. Motor vehicle repair or service facilities.
4. Outdoor research or testing facilities.
Source: Ordinance No. 52
Effective Date: 4-25-75
5. (Repealed by Ordinance No. 131, 2nd Series,
6. (Repealed by Ordinance No. 131, 2nd Series,
7. Retail sales of liquor, 3.2 beer or wine as
part of any facility.
Source: No. 52 Amendment
Effective Date: 5-28-76
8. Restaurant facilities or food sales.
9. Animal kennels.
301 (7-1-94)
3 11.20
10. Truck stops.
Source: Ordinance No. 52
Effective Date: 4-25-75
11. Amusement devices exceeding three
machines at one licensed location or to be located within 200
feet of any other licensed location.
Source: No. 52 Amendment
Effective Date: 8-8-80
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
District: These 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
construction 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; barber
shops; beauty parlor; bicycles; carpets and rugs; catering
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;
302 (5-31-92)
•
5 11.20
laundry and dry cleaning pick-up; 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.
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.
Source: Ordinance No. 52
Effective Date: 4-25-75
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
measurement of the distance between locations.
Source: No. 52 Amendment
Effective Date: 8-8-80
8. Pawn shops.
Source: Ordinance No. 120, 2nd Series
Effective Date: 5-17-91
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:
Source: Ordinance No. 52
Effective Date: 4-25-75
1. Subject to Section 11.10, Subd. 29, outdoor
storage and then only conducted by an occupant of the shopping
center.
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
2. On -sale liquor, 3.2 beer or wine.
Source: No. 52 Amendment
Effective Date: 5-28-76
303 (7-1-94)
S 11.20
3. Restaurants - Class II.
4. Multiple dwelling complexes.
5. Transit station.
6. Car wash.
Source: Ordinance No. 52
Effective Date: 4-25-75
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
vehicles where adequate parking space
specifically approved with the granting
permit.
trailers and similar
is provided and as
of a conditional use
Source: Ordinance No. 55, 2nd Series
Effective Date: 6-10-88
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.
supplies.
10. Outside storage and sales of garden
11. Motel or hotel.
Source: Ordinance No. 52
Effective Date: 4-25-75
12. Amusement devices exceeding three
machines at one licensed location or to be located within 200
feet of any other licensed location.
District, the
Council shall
Business Distr
Source: No. 52 Amendment
Effective Date: 8-8-80
D. Permitted Accessory Uses. Within any "CSC"
following uses or uses deemed similar by the
be Permitted Accessory Uses:
ict.
1. Accessory Uses permitted in any other
304 (5-31-92)
•
3 11.20
2. Essential public service facilities
such as public telephone booths.
Subd. 13. •RSC" Regional Shopping Center District.
A. Description. Regional Shopping Center
District: This 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
preliminary 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; barber shop; coin shops; beauty parlor; 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.
305 (5-31-92)
•
5 11.20
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:
this Subparagraph B except those use thate are only ed under Item 2 of
conditional use permit. permitted by
(b) Garden store when outside storage is
completely screened from view.
research.
(c) Laboratories, medical, dental or
(d) Motel or hotel.
(e) Mass transit terminal or pick-up
station.
5. Multiple dwelling complexes approved as a
part of the Planned Development and subject to the requirements of
the R-4 District.
Source: Ordinance No. 52
Effective Date: 4-25-75
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
measurement of the distance between locations.
Source: No. 52 Amendment
Effective Date: 8-8-80
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:
Source: Ordinance No. 52
Effective Date: 4-25-75
1. Subject to Section 11.10, Subd. 29, outdoor
storage and then only conducted by an occupant of the principal
building.
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
2. Automobile agencies, boat or marine sales
as a peripheral commercial use.
3. Motor fuel sales, service station, auto
storage or repair facilities, car wash and automobile accessories
sales or service as a peripheral use
306 (7-1-94)
S 11.20
4. Fast food or restaurant when carry -out
facilities or drive-in restaurant when developed separate from
major shopping center building.
5. Bowling alley or similar commercial
recreational facility when developed separate from major
shopping center building.
6. Heliport.
Source: Ordinance No. 52
Effective Date: 4-25-75
7. On -sale liquor, 3.2 beer or wine.
Source: No. 52 Amendment
Effective Date: 5-28-76
8. Lumber yards, home repair or
remodeling shops.
9. Multiple dwellings when integrated
into a multi -use structure and approved as a part of the
Planned Development.
Source: Ordinance No. 52
Effective Date: 4-25-75
10. Amusement devices exceeding three
machines at one licensed location or to be located within 200
feet of any other licensed location.
Source: No. 52 Amendment
Effective Date: 8-8-80
306-1 (5-31-92)
§ 11.20
D. Permitted Accessory Uses. Within any
"RSC" District, accessory uses permitted in any other
Commercial District shall be permitted.
Subd. 14. "RE" Roadside Business District.
A. Description. Roadside Business District:
These 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 "RE"
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.
Source: Ordinance No. 52
Effective Date: •4-25-75
3. Service station under the following
conditions:
(a) The service station shall
follow and not precede development of either a motel or
restaurant.
Source: Ordinance No. 55, 2nd Series
Effective Date: 6-10-88
(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.
Source: Ordinance No. 52
Effective Date: 4-25-75
4. On -sale liquor, 3.2 beer or wine
with a motel, hotel or restaurant.
station.
Source: No. 52 Amendment
Effective Date: 5-28-76
5. Mass transit terminal or pick-up
6. Commercial recreational facilities
such as bowling alleys, tennis clubs, skating facilities and
theaters, when conducted entirely within a building.
Source: Ordinance No. 52
Effective Date: 4-25-75
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.
307 (8-31-88)
•
•
•
For this purpose the outside wall of each licensed location
shall be used in the measurement of the distance between
locations.
Source: No. 52 Amendment
Effective Date: 8-8-80
C. Conditional Uses. Within any "RB"
District, no structure or land shall be used for the follow-
ing 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:
design.
1. Car wash of compatible architectural
2. Restaurant - Class II.
3. Truck stops.
Source: Ordinance No. 52
Effective Date: 4-25-75
4. Amusement devices exceeding three
machines at one licensed location or to be located within
200 feet of any other licensed location.
Source: No. 52 Amendment
Effective Date: 8-8-80
D. Permitted Accessory Uses. Within any
"RB" District, accessory uses shall be permitted as per-
mitted 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.
308
(1-1-83)
•
W
0
•
LB
NB
GB
CSC
RSC
RB
MINIMUM BUILDING SETBACKS:
SECTION
30 feet
10 feet
---
30 feet
11.10, Subdivision
30 feet
10 feet
20 feet
30 feet
6-C
30 ft.
10 ft
---
50 ft.
for all Ccmmercial
30 ft.
10 ft.
---
50 ft.
30 ft.
10 ft.
---
50 ft.
Districts
30 ft.
10 ft.
---
50 ft.
Along major, minor,
arterial, State or
Interstate Hwy. SEE
Along public streets:
Side lot line:
Rear lot line:
Adj. to Residential
or Agricultural Dist.
MINIMUM PARKING SETBACKS -
20 feet
5 feet
20 feet
20 feet
5 feet
20 feet
20 ft.
5 ft.
20 ft.
20 ft.
5 ft.
20 ft.
20 ft.
5 ft.
20 ft.
20 ft.
5 ft.
20 ft.
Along public street:
Side or rea lot line:
Adj. to Res. or
Agric. District
MAXIMUM BUILDING COVERAGE:
20%
20%
35%
30%
30%
30%
Coverage of Lot:
MAXIMUM BUILDING HEIGHT:
30 feet
20 feet
35 ft.
35 ft.
---
35 ft.
Maximum height:
MINIMUM RETAIL FLOOR AREA:
---
---
20,000
sq. ft.
100,000
000
sq.
---
Minimum area
(Initial Bldg.)
•
•
•
B. Additional Area Standards and Require-
ments 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 pre-
vailing setback in the immediate vicinity. The Building
Inspector 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
3. Height. Buildings or structures in
excess of the maximum height limitations imposed by Subpara-
graph 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 sixty (60) feet on the front and twenty-five (25)
feet on the side and rear yards. The green area shall be
increased from the present green area requirements in com-
mercial and industrial districts by five (5) 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.
310
(1-1-83)
•
•
(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 considera-
tion will be given to proposed buildings or structures that
take advantage of significant topographical changes in ele-
vations that would minimize the impact of the structures top
floor elevation in relation to single family residential
dwellings in the area.
Source: No. 52 Amendment
Effective Date: 4-27-82
Subd. 16. I-1 Limited Industrial District.
A. Permitted Uses. Within any "I-1" Dis-
trict, 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 fol-
lowing or similar uses meeting the performance standards
applicable to the "I-1" District:
2. Automobile painting, upholstering,
tire recapping, and major repair when conducted 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 recreation.
8. Radio and television.
9. Restaurants - Class I only.
10. Research laboratories.
11. Trade school.
12. Warehousing and wholesaling and
related sales or showrooms.
311
(1-1-83)
adopted 11-2-93.)
kennel).
5 11.20
13. (Repealed by Ordinance No. 172, 2nd Series,
14. Armories or convention hall.
15. Animal hospital or clinic (with no outside
Source: Ordinance No. 52
Effective Date: 4-25-75
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
measurement of the distance between locations.
Source: No. 52 Amendment
Effective Date: 8-8-80
H. Performance Standards. Applicants for building
permits in the "I-1" District shall submit such evidences as may be
required by the Building Inspector to assure compliance with the
performance standards and the intent and purpose of the Limited
Industrial District ("I-1"). Should the Building Inspector 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-1" District, no
structure or landshall be used for the following uses or uses
deemed similar by the Council except through the granting of a
conditional use permit:
adopted 11-2-93.)
1. (Repealed by Ordinance No. 172, 2nd Series,
2. Truck and freight terminals.
3. Contractor's yards.
4. Explosives, including all activities
involving the storage, utilization or manufacture of materials or
products such as TNT or dynamite which could decompose by
detonation.
Source: Ordinance No. 52
Effective Date: 4-25-75
5. Subject to Section 11.10, Subd. 29, outdoor
storage and then only conducted by an occupant of the principal
building.
312 (7-1-94)
•
5 11.20
6. Subject to Section 11.10, Subd. 29, sales
yards for building materials and then only conducted by an occupant
of the principal building.
cars.
Source: Ordinance No. 172, 2nd Series
Effective Date: 11-12-93
7. Sales and service for trucks or passenger
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. Truck stops.
312-1 (7-1-94)
•
•
•
•
§ 11.20
12. Motor fuel sales.
Source: Ordinance No. 52
Effective Date: 4-25-75
13. Amusement devices exceeding three
machines at one licensedlocation or to be located within
500 feet of any other licensed location.
Source: No. 52 Amendment
Effective Date: 8-8-80
14. On -sale wine and 3.2 beer.
Source: Ordinance No. 7, 2nd Series
Effective Date: 4-27-84
D. Additional Lot Requirements.
1. Not more than thirty-five (35)
percent of the lot area shall be occupied by building(s).
Source: Ordinance No. 52
Effective Date: 4-25-75
2. Whenever an "I-1" District abuts an
Agricultural, Residential or Public Facilities District, a
fence or compact evergreen hedge not less than six (6) feet
in height, except adjacent to a street where it shall be not
less than three (3) or more than four (4) 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.
Source: Ordinance No. 7, 2nd Series
Effective Date: 4-27-84
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 one hundred (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.
313 (4-30-84)
•
S 11.20
Subd. 17. I-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.
313-1 (1-1-83)
•
•
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 follow-
ing 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 decompose 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, junk yard, 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 utiliza-
tion, storage or manufacture of materials or products such
as TNT or dynamite which could decompose by detonation.
C. Additional Lot Requirements. The Addi-
tional Lot Requirements for Industrial (I-1, Subdivision 16,
Subparagraph D of this Section), shall also be required for
Industrial (I-2).
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, pro-
fessional 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.
314
(1-1-83)
•
•
•
B. Use. No land so classified shall be used
or occupied for any purpose other than as hereinafter pro-
vided 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 here-
inabove 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. Guest houses owned and maintained in
conjunction with permitted uses.
E. Additional Lot Requirements. The Addi-
tional Lot Requirements for Industrial I-1 (Subdivision 16,
Subparagraph D of this Section) shall also be required for
the RD District except that not more than twenty (20) per-
cent of the lot area shall be occupied by building(s).
Subd. 19. Additional Standards and Requirements
for Industrial Districts (I-1, I-2 and RD). 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 exist 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 Building
Inspector 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
315
(1-1-83)
•
•
•
C. Height. Buildings or structures in
excess of the maximum height limitations imposed by Subdivi-
sion 20 of this Section may be allowed as conditional uses
subject to the following conditions:
1. The height of buildings or struc-
tures 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 struc-
ture. 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
sixty (60) feet on the front and twenty-five (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 (5) 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 adja-
cent 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 desig-
nated 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 mea-
sured 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.
316
(1-1-83)
•
9. Building permits authorized under
Section 11.10, Subdivision 11, shall be issued only upon
execution of a.Multi-Story Building Agreement.
Source: No, 52 Amendment
Effective Date: 4-27-82
D. Landscaping. A minimum twenty (20) foot
wide landscaped yard shall be maintained along all public
streets and a minimum five (5) feet 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").
317
(1-1-83)
•
Subd. 20. Minimum Requirements for Lot Area, Width, Frontage, Height, Yards, Ground Floor Area
for "R-D" and "I" Districts.
SYMBOL
USE
DISTRICT
LOT AREA
LOT WIDTH
SETBACK
FROM PUBLIC
STREET (See
Sec. 11.10,
Subd. 6C
SIDE YARD
SETBACK
ABUTTING
"A", "R" OR
"P" DISTRICT
(ANY YARD)
REAR YARD
SETBACK
HEIGHT
LIMITATIONS
R-D
Research
and
Development
40 acres
300
feet
60
feet
40
feet
100
feet
40
feet
45
Eeet
I-1
Limited
Industrial
1/2 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.
5 11.20
Subd. 21. Flood Plain Districts. Flood Plain Districts may be
established under normal procedures for zoning property established
by this Chapter. Flood Plain District zoning shall pertain to
those areas of the City subject to periodic flooding. Flood Plain
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 "Flood Plain" zoning, the
requirements or regulations related to Flood Plain zoning shall
prevail. Flood Plain District regulations shall be established by
a separate Section of this Chapter.
Source: Ordinance No. 52
Effective Date: 4-25-75
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.
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• - 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.
319 (7-1-94)
•
5 11.21
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 waterbody;
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 waterbody.
2. °Bluff Impact Zone' - A bluff and the land located within
20 feet from the top of a bluff.
3. °Building Line - 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. 'Clear Cutting' - The removal of entire stand of trees.
5. •Commercial Planned Development° -
of various commercial uses.
6. •Commercial Dee• - The principal use
for the sale, lease, rental or trade of
services.
A planned development
of land or buildings
products, goods, and
7. •DNR• - The Commissioner of the Department of Natural
Resources.
8. Deck - 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 (3) feet above
ground.
9. •Duplex• - 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* - A designated location for residential
use by one or more person using temporary or movable shelter,
including camping and recreational vehicle sites.
11. Dwelling Unit - Any structure or portion of a structure,
or other shelter designed as short or long-term living quarters
for one or more persons.
12. °Extractive Dee° - The use of land for the removal of
surface or subsurface sand, gravel, rock, industrial minerals,
a nonmetallic mineral, or peat not regulated by Minnesota
Statutes, Sections 93.44 to 93.51 and amendments thereto.
319-1 (7-1-94)
•
5 11.21
13. °Forest Land Conversion° - The clear cutting of forested
lands to prepare for a new land use other than reestablishment
of a subsequent forest stand.
14. °Building Height° - 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 Dee' - 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° - The complete removal of
trees, grasses or shrubs in a contiguous patch, strip, row, or
block.
17. °Ordinary High Water Level (OHM)" - 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° - 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,
time-share 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 users.
19. °Public Waters" - Shall have the meaning given it in
Minnesota Water Law.
20. °Residential Planned Development° - 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° - A lot which borders on a lake, river or
stream.
22. 'Semi -Public Dee° - 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.
319-2 (7-1-94)
•
•
5 11.21
23. "Sensitive Resource Management° - 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.
29. •Setback" - 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° - 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• - 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° - 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. •Sboreland° - 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° - 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 Minnesota Statutes,
Section 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
Minnesota state archaeologist or the director of the Minnesota
Historical Society. All unplatted cemeteries are automatically
considered to be significant historic sites.
30. Steep Slopes - 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.
319-3 (7-1-94)
5 11.21
31. °Structure" - Any building or appurtenance, except aerial
or underground utility pipes or lines, including but not
limited to, sewer, electric, telephone, telegraph, gas lines,
towers, poles and other supporting facilities.
32. Subdivision - Land that is divided for the purpose of
sale, rent, or lease, including planned unit development.
33. "Surface Water -Oriented Commercial Use° - 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.
34. 'Toe of the Bluff° - The lower point of a 50-foot segment
with an average elope exceeding 18 percent.
35. "Top of the Bluff" - The higher point of a 50-foot segment
with an average slope exceeding 18 percent.
36. "Undue Hardship" - 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" - Shall have the meaning given it in this
Chapter.
38. °Water -Oriented Accessory Structure or Facility" A
small, above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which, because
of the relationship of its use to surface water, reasonably
need to be located closer to public waters than minimum
required structural setbacks.
39. •Wetland• - 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 (6') 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
319-4 (7-1-94)
•
5 11.21
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
Subd. 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.
C. Variances.
1. No variance may be granted except in accordance with
Minnesota Statutes, Chapter 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 wh-
ether the property owner has reasonable use of the land
without the variance, whether the property is used
seasonally or year-round, whether the variance is being
requested solely on the basis of economic considerations,
and the characteristics 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 Department 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.
319-5 (7-1-94)
•
•
4 11.21
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 nonconforming 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 10 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 DNB'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 waterbodies listed below
shall be as defined in this Section and as shown on the
Official Zoning Map of the City.
2. Lakes:
Natural
Environment Lakes
(NE)
DNR ID#
Land Section
(T27N-R23W)
Shoreland
Overlay District
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
319-6
(7-1-94)
§ 11.21
6. Unnamed
19-74
35SE
Residential
7. Schultz
19-75
35
Residential
8. Gun Club
19-78
4, 5
Residential
Recreation
Development Lakes
(RD)
DNR ID#
Land Section
(T27N-R23W)
Shoreland
Overlay District
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)
DNR ID#
Land Section
(T27N-R23W)
Shoreland
Overlay District
1. Unnamed
19-54
1
Commercial
2. Lemay's
19-55
10
Commercial/Resid
ential
3. O'Leary
19-56
15
Commercial/Resid
ential
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/Resid
ential
10. Unnamed (Pitt
Lake)
19-68
29SW
Commercial
11. Unnamed
19-70
33
Residential
12. Unnamed
19-77
36
Commercial/Resid
ential
3. Urban Rivers:
River
Minnesota River Public Facilities
4. Tributaries:
•
Shoreland Overlay District
319-7
(7-1-94)
•
•
4 11.21
(a) Kennellys Creek Section 18 Public Facilities/
Light Industrial
(b) Harnack Creek Section 18 Public Facilities/
Lightlndustrial
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, sever 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 encroachment 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 development;
(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:
319-8 (7-1-94)
Permitted Ones
P . Permitted
C . Conditional nee
N . Prohibited
Zoning District/0ae
Natural
Environs-
ntal
Lakeo
Recreati
on
Develop-
meat
Laken
0eeerel
Develop
ment
Lakes
Ur-
ban
Rlv-
ere
Tributar
ieo
Residential District Uses
- Forest management
P
P
P
P
P
- Sensitive resources
management
P
p
p
p
P
- Agricultural: Crop a
pasture
P
P
P
P
p
- Agricultural: feedlots
N
N
N
N
N
- Single residential
P
P
P
N
N
Semi-public/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
Ogee
- Any use in Residential Die-
trict
As Regulated in the Residential
District
- Commercial
N
N
C
N
N
Commercial Planned
Development
N
N
P
N
N
Residential Planned
Development
N
N
P
N
N
Commercial/Industrial District
Dees
- Any uee in Residential
District
An Regulated in he Residential District
- Commercial/Industrial
N
N
C
N
N
- Commercial/Industrial
Planned Development
N
N
P
N
N
319-9
(7-1-99)
4 11.21
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) Non -conforming 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 of this Section, as amended shall be
declared to be a non -conforming use. Non -conforming
uses, including substandard sanitary facilities, shall be
allowed to continue. However, any structural alteration
or addition to a non -conforming use which will increase
the present uses 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.
319-10 (7-1-94)
•
A. Dasewered Areas:
Onoewered Areas*
Natural
Environment
Waters
Recreational
Development
Waters p
General
Development
Waters
Lot Area
10 Acres
10 Acres
10 Acres
Lot Width 5 Bldg. Line (ft.)
200
150
100
Structure Setback From Ordinary
High Water Mark (ft.)
150
100
75
Structure Setback From Roads &
Highway (ft.)
Determined by the zoning provisions
Chapter.
of this
Structure Height Limitations
Determined by the zoning provisions of this
Chapter.
Maximum Lot Area
Covered By Impervious Surface (t)
25
25
25
Sewage 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
Non -Riparian Lots
2. Riparian lot width at building line
(ft.)
40,000
20,000
125
3. Structure setback from Ordinary High
Water Mark (ft).
100
C. Sew Areas In Recreation Development Waters. All
provisions for unsewered areas shall apply to sewered areas
except as follows:
Commercial Development:
a. Maximum building height (stories)
b. Minimum building setback for OHWM
(ft.)
c. Minimum riparian lot frontage
(ft.)
d. Maximum impervious surface area
(t)
Four (4) above ground with C.U.P. required
for height over 75 ft.
75
75
25
319-11 (7-1-94)
5 11.21
•
•
2. Single Duelling Detached Residential:
a. Minimum riparian lot frontage
(ft.)
b. Minimum building setback from OHWM
(ft.)
c. Average lot area for riparian lots
(oq.ft.)
d. Average lot area for non -riparian
lots (sq. ft.)
e. Maximum impervious surface area
(%)
f. Maximum building height (feet)
3. Multiple Dwelling Residential ( by PUD
only):
n. Maximum building height (stories)
b. Minimum building setback from OHWM
(ft.)
c. Minimum water frontage per develop
ment (ft.)
• d. Maximum impervious surface area
(4).
e. Average lot area per unit for
riparian lots (aq. ft.).
f. Average lot area per unit for non -
riparian lots (sq. ft.).
100
75
20,000
15,000
25
35
Four (4) above ground with a C.U.P.
required for heights over 35 Ft.
75
200
25
Determined by PUD
Determined by PUD
+ See provisions of Subd. 9.
D. Sewered Areas In General Development Waters. All provisions
for unsewered areas shall apply to sewered areas except as
follows:
Commercial Development:
a. Maximum building height (stories)
b.
• d.
Minimum building setback from OHWM
(ft.)
Minimum water frontage (ft.)
Maximum impervious surface area
(%)
Four (4) above ground with C.U.P. required
for heights over 35ft.
50
100
25
Single Dwelling Detached Residential:
a. Minimum water frontage (ft.)
b. Minimum building setback from OWN
(ft.)
e. Average lot -area for riparian lots
(oq. ft.)
d. Average lot area for non -riparian
lots (sq.ft.)
• e. Maximum impervious surface (F)
f. Maximum height (feet)
75
50
15,000
12,000
25
35
319-12
(7-1-94)
§ 11. 21
3. Multiple Dwelling: (by P.U.D. only)
a. Maximum building height (stories)
b. Minimum building setback from OHwM
(ft.)
c. minimum water frontage per develop
ment (ft.)
• d. Maximum impervious surface area
(t)
e. Average lot area per unit:
• riparian lots (sq. ft.)
• other lots (sq. ft.)
f. Minimum lot width/water frontage
(ft)
Four (4) above ground with C.U.P required
for heights over 35 ft.
50
100
25
Determined by PUD
Determined by PUD
200
• See provisions of Subd. 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.
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 (6) watercraft is present on a controlled
access lot, the width of the lot (keeping the same lot
depth) shall be increased by twenty-five (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:
319-13 (7-1-94)
•
5 11.21
(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
recreational 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. Ploodplain Regulations.
1. Structures shall be located in accordance with the
Floodplain Regulations of the City Code.
2. Water -oriented accessory structures, where allowed, may
have the lowest floor placed lower than the elevation
determined by the procedures in flood plain 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 development 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 provisions:
319-14 (7-1-94)
•
§ 11.21
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 (10) feet;
4. The accessory structure visibility from the public
waters and adjacent shoreland shall be reduced by
vegetation, topography, increased setbacks or color
treatment; 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 requirements:
1. The stairway lift 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
319-14.1 (7-1-94)
•
§ 11.21
7. Docks shall not exceed five (5) 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 thirty-five (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) Clear -cutting 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 sedimentation
plan is approved by the Soil and Water Conservation
District in which the property is located.
319-14.2 (7-1-94)
5 11.21
(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 (6") 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 twenty (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 (10) cubic yards of
material on steep slopes and within shore impact
zones.
(2) The movement of more than fifty (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:
319-14.3 (7-1-94)
•
•
•
(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.
(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.
319-14.4 (7-1-94)
S 11.21
le) 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 Minnesota
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
provisions of the Minnesota
1991, MN Statutes Chapter 354
4. The City evaluation shall
any conditions or mitigation
protection.
filling shall comply with the
wetland Conservation Act of
be utilized in setting forth
measures relating to wetland
R. 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
319-14.5 (7-1-94)
•
5 11.21
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 conditions are not sufficient to adequately
handle stormwater runoff using natural features and
vegetation, various types of constructed facilities,
including diversions, settling basins, skimming devices,
dikes, waterways, and ponds shall be utilized. Storm water
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
twenty five (25%) percent of the lot. This may be increased
provided the City has approved and implemented a storm water
management plan affecting the subject site and a conditional
use permit permitting an increase has been granted.
319-14.6 (7-1-94)
•
•
•
•
$ 11.21
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.
(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 short-term 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
319-14.7 (7-1-94)
§ 11.21
zones are maintained in permanent vegetation or managed
under an approved conservation 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 individual 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 reforestation 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
Development 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 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.
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 Minnesota Statutes,
Sections 93.44 to 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 waterbody and the
topographic, vegetation, and soil conditions on the site
shall be made to ensure:
319-14.8 (7-1-94)
•
•
(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 accommodate 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.
0. Water Supply and Sewage Treatment.
1. Water Supply. Any public or private supply of water for
residential purposes shall meet or exceed the Minnesota
Department of Health, Dakota County and the Minnesota
Pollution Control Agency standards for water quality.
2. Sewage Treatment.
(a) All private sewage treatment systems shall meet or
exceed the Minnesota Pollution Control Agency's standards
for individual sewage treatment systems 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.
319-14.9 (7-1-94)
5 11.21
(c) All on -site sewage treatment systems shall comply
with the set back requirements provided in Subd. 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.
(4) 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 (5) years. Any sewage system installed
according to applicable local shoreland management
standards adopted under Minnesota Statutes, Section
105.485 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 Minnesota 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.
319-14.10 (7-1-94)
•
5 11.21
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) near -shore 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 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 requirements 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 (P.D.'s) 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 Dee Requirements. Planned Developments shall
constitute a conditional use, thereby requiring a conditional
use permit in accordance with the provisions of this Chapter.
319-14.11 (7-1-94)
•
•
•
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 Sec. 11.40 of this
Chapter:
(a) surface water features,
(b) existing & proposed vegetative detail,
(c) deed restrictions, covenants, or owners association
by-laws,
(d) details of water oriented uses,
(e) long term 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 (P.D.) 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, storm
water 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:
319-19.12 (7-1-94)
Typo of Lake
Sew -
end
(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.
P. Residential and Commercial Planned Development Dee. The
procedures for determining the "base" density of a P.D. and
density increase multipliers are as follows:
1. Residential P.D. °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 P.D. °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:
319-14.13 (7-1-94)
•
§ 11.21
Commercial Planned Unit Development
Floor Area Ration
Public Natern CIaenea
A 9e unit floor
area (eq. ft.)
General Development
Laken
Recreational
Development Laken
Natural
Environmental Laken
400
.056
.028
019
500
.065
.032
016
600
.072
.038
019
700
.082
.042
azl
800
.091
.046
900
.099
.050
.023
025
1,000
.108
.054
.027
1.100
.116
.058
.029
1,200
.125
.064
.032
1,300
.133
.068
.034
1,400
.142
.072
1,500 and above
.150
.075
.036
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 waterbody, 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.
G. Density Increase Multipliers.
1. Increases to the dwelling unit or dwelling site base
densities previously determined 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
319-14.14 (7-1-94)
•
5 11.21
greater than the minimum setback, or the impact on the
waterbody 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 long-term preservation and maintenance of
open space. The instruments shall include all of the
following protection:
(a) commercial uses prohibited (for residential P.D.'s)
(b) vegetation and topographic alterations shall be
prohibited except by routine maintenance.
(c) construction of additional buildings or storage of
vehicles and other materials shall be prohibited.
(d) uncontrolled beaching of watercraft shall be
prohibited.
3. Development organization and functioning. Unless an
equally effective alternative community framework is
established, when applicable, all residential planned
developments shall use an owners association with the
following features:
319-14.15 (7-1-94)
•
5 11.21
(a) membership shall be mandatory for each dwelling unit
or site purchases and any successive purchasers;
(b) each member shall
association's expenses,
become liens on units or
pay a pro-rata share of the
and unpaid assessments shall
sites;
(c) assessments shall be
changing conditions; and
(d) the association shall be
taxes, and maintenance of all
facilities.
adjustable to accommodate
responsible for insurance,
commonly owned property and
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,
topography, vegetation, and allowable uses,
preserved by use of restrictive deed covenants,
easements, public dedication and acceptance,
equally effective and permanent means; and
7. The shore impact zone, based on normal structure
setbacks, shall be included as open space. For residential
P.D.'s, 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.
including
shall' be
permanent
or other
319-14.16 (7-1-94)
•
5 11.21
J. Erosion Control and Stormwater Management. Erosion control
and stormwater management plans shall be developed and the P.D.
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 expect quantities and qualities of stormwater
runoff. Impervious surface coverage within any tier shall
not exceed 25 percent of the tier area, except that for
commercial P.D.'s 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 classification: 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 unite or sites located in other tiers;
319-14.17 (7-1-94)
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. Non -Conformities. Non -conformities, as of the effective
date of this Section, may continue, but shall be administered
according to applicable Minnesota State Statutes and other
regulations 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.
319-14.18 (7-1-94)
•
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.
E. 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.
Source: Ordinance No. 164, 2nd Series
Effective Date: 04-09-93
319-14.19 (7-1-94)
•
4 11.22
SEC. 11.22. INTERIM USER 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 not already a permitted or conditional use under
the zoning regulations.
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.
Subd. 3. Termination.
A. Any interim use may be terminated by a change in zoning
regulations.
B. All interim use permits shall be subjected to review on an
annual basis.
Subd. 4. Public Hearings. Public hearings on the granting of
interim use permits shall be held in the manner provided in
Minnesota Statutes, Section 462.357, Subd. 3.
Source: Ordinance No. 88, 2nd Series
Effective Date: 9-15-89
(Sections 11.23 through 11.29, inclusive, reserved for future
expansion.)
319-14.20 (7-1-94)
a • a
Shoreland Management Classification
/)
u
Natural
Environment
Lakes (NE)
DNR ID•
Recreational
Development
Lake. (RD)
N r•
m
Nan
1a Saab I...a ..e...u.. /16.
General
Development
Lakes (GD)
wan..
Fish
..I.
010.10.
•
•
•
SEC. 11.30. PERFORMANCE STANDARDS.
Subd. 1. Purpose. The guiding of urban develop-
ment so as to develop a compatible relationship of uses
depends upon certain standards being maintained. Uses per-
mitted 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 Minnesota 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
requirements of the Minnesota 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 Minnesota 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 conformance with the
minimum standards concerning vibration as adopted and
enforced by the Minnesota 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 Minnesota
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 Minnesota Pollution Control Agency.
H. Bulk Storage (Liquid). All uses asso-
ciated with the bulk storage of oil, gasoline, liquid ferti-
lizer, chemical and similar liquids shall comply with the
requirements of the Minnesota State Fire Marshals and Minne-
sota Department of Agriculture Offices and have documents
from those offices stating the use is in compliance.
320
(1-1-83)
•
I. Radiation Emission. All activities that
emit radioactivity shall comply with the minimum require-
ments of the Minnesota 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
four hundred (400) feet from the "R" District line.
Source: Ordinance No. 52
Effective Date: 4-25-75
(Sections 11.31 through 11.39, inclusive, reserved for
future expansion.)
321
(1-1-83)
•
•
•
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 enforce-
ment 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, certi-
ficates 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
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 Building Inspector 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 ninety (90) days
after the alleged error.
322
(1-1-83)
•
•
•
D. The Board of Adjustments and Appeals
shall decide whether to approve or deny the appeal within
sixty (60) days after the appeal request is submitted to it.
E. The grant of an appeal shall be by two-
thirds (2/3) 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 dif-
ficulties or particular hardships result from carrying out
the strict letter of the regulations of such City Code
provisions.
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 estab-
lished 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 require-
ments 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 two hundred (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 Comprehen-
sive Guide Plan and on the character and development of the
neighborhood. 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 appli-
cation 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
323
(1-1-83)
•
•
•
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 sixty (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 staff's 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.
(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, Sub-
paragraph 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 hard-
ship 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.
324
(1-1-83)
•
•
§ 11.40
E. Lapse of Variance or Appeal. Whenever
within one (1) 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 thirty
(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.
Source: No. 52 Amendment
Effective Date: 8-12-77
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 Nearing, 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 Subdivi-
sion 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.
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.
325 (6-15-90)
•
•
•
§ 11.40
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, funes, 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.
326 (6-15-90)
0
0
•
S 11.40
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 consti-
tute 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 (6) months, the conditional use
permit shall be null and void. This provision shall apply
to the conditional use permits issued prior to the effective
date of this Subdivision 4, but the six (6) month period
shall not be deemed to commence until the effective date of
this Subdivision 4.
Source: Ordinance No. 95, 2nd Series
Effective Date: 2-16-90
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 2/3rds
of all members of the Council.
Source: No. 52 Amendment
Effective Date: 5-28-76
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 accompanied by an abstrac-
tor's certified property certificate showing the property
owners within three hundred and fifty (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 (1) public
hearing affording the parties interested the opportunity to
be heard and shall give not less than ten (10) days nor more
than thirty (30) days notice of the time and place of such
326-1 (6-15-90)
0
0
•
3 11.40
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 (10)
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 three hundred fifty (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 City-wide zoning or amendment
to the text of this Chapter, initiated by the Planning
Commission or the Council.
Source: Ordinance No. 52
Effective Date: 4-25-75
An amendment to the text of this Chapter, however, shall also
require a public hearing as described above.
Source: No. 52 Amendment
Effective Date: 5-28-76
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 recommendation.
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 sixty (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.
Source: Ordinance No. 52
Effective Date: 5-25-75
H. Flood Plain Zoning District. All
amendments to this Chapter affecting the Flood Plain Zoning
District, including revisions to the Official Flood Plain
Zoning District Map, shall be submitted to and approved by the
Commissioner of Natural Resources prior to the adoption. The
flood plain designation on the Official Flood Plain Zoning
District Map shall not be removed unless the area is filled to
an elevation at or above the Regulatory Flood Protection
327 (5-31-92)
3 11.40
IIIElevation and is contiguous to lands outside of the flood
plain. 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 (10) 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.
•
•
Source: Ordinance No. 133, 2nd Series
Effective Date: 2-14-92
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:
327-1 (5-31-92)
•
•
•
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 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 blob form)
proposed for the entire property, i.e., major, minor or
collector streets, parks, trails, ponds or open space, resi-
dential, 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).
328
(1-1-83)
•
•
•
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 limited to:
(a) A clear 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.
Source: Ordinance No. 52
Effective Date: 4-25-75
(d) A statement describing any
building or structure to exceed normal height limitations
and referencing the Multi -Story 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 Subdivision 19-C.
Source: No. 52 Amendment
Effective Date: 4-27-82
D. Final Development Plans. Prior to the
construction or the issuance of building permits, the fol-
lowing 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 Specifi-
cations: These shall be presented to the Building Inspector
for review and recommendation to the Planning Commission and
Council.
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.
329
(1-1-83)
•
•
•
Subd. 7. Special Permits.
A. Petitions for special permits as
described in Section 11.10, Subdivision 19-C shall be filed
with the City Clerk. Said petition shall include a clear
and complete description of the proposal.
B. The Council shall review petitions for
special permits at its next meeting. Approvals by the
Council may include special conditions related thereto.
Source: Ordinance No. 52
Effective Date: 4-25-75
Subd. 8. Building Permit Reviews.
A. Purpose. In order to insure compliance
with the intent and purpose of this Chapter and compati-
bility 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.
plan.
3. A detailed and dimensional site
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 foroall 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 Building Inspector shall review
and may approve all other applications for building permits.
Source: No. 52 Amendment
Effective Date: 5-28-76
330
(1-1-83)
•
•
•
Subd. 9. Petition Forms. The City shall provide
the necessary petition forms for all petitions required
under this Chapter.
Source: Ordinance No. 52
Effective Date: 4-25-75
Subd. 10. Fees. The required fees to be paid for
each petition required under this Chapter shall be estab-
lished 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 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.
Source: No. 52 Amendment
Effective Date: 5-28-76
(Sections 11.41 through 11.79, inclusive, reserved for
future expansion.)
331
(1-1-83)
5 11.80
SEC. 11.80. FLOOD PLAIN 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.
R. 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 of Minnesota has, in Minnesota Statutes Chapters
104 and 394, delegated the authority to local governmental
units to adopt regulations designed to minimize flood losses.
Minnesota Statutes Chapter 104 further stipulates that
communities subject to recurrent flooding must participate and
maintain eligibility in the National Flood Insurance Program.
4111 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 expenditures 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 flood plain
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' -
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 flood
•plain. It is the elevation to which uses regulated by this
Section are required to be elevated or flood proofed.
332 (5-31-92)
S 11.80
Subd. 3. General Provisions.
A. Adoption of Flood Insurance Rate Maps. The
Flood Insurance Rate Maps for the City of Eagan, Minnesota,
dated August 11, 1978, developed by the Federal Emergency
Management Agency is hereby adopted by reference as the
Official Flood Plain Zoning District Map and made a part of
this Section (Ref: Flood Zone C 2701030018 and 270102002B).
B. Lands to Which Flood Plain Regulations
Apply. Regulations in this Section shall apply to all lands
designated as flood plain within the zoning jurisdiction of
the City.
C. Map Interpretation. The boundaries of the
Flood Plain District shall be determined by scaling distances
on the Official Flood Plain District Map. Where
interpretation is needed as to the exact location of the
boundaries of the Flood Plain District, the Zoning
Administrator shall make the necessary interpretations 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 flood plain evaluation
consistent with Subd. 5 of this Section to determine a 100-
year elevation for this site; or (2) base its decision on
4111 available hydraulic/hydrologic or site elevation survey data
which demonstrates the likelihood the site is within or
outside of the flood plain.
D. Relationship to Other City Zoning
Regulations. The Flood Plain Zoning District shall be
considered an overlay zoning district to all existing land use
regulations of the City. The uses permitted in Subd. 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 flood plain regulations contained in this
Section impose greater restrictions, the provisions of the
flood plain 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 Subd. 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.
333 (5-31-92)
5 11.80
4110 2. Modifications, additions, structural
alterations or repair after damage to existing non -conforming
structures and non -conforming uses of structures or land are
regulated by the general provisions of this Section and
specifically Subd. 3, E of Section 11.10; and,
3. As -built elevations for elevated
structures must be certified by ground surveys as stated in
Subd. 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.
Subd. 4. Flood Plain District (F.P.).
A. Permitted Uses. The following uses shall
be permitted uses within the Flood Plain 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.
4111 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,
forestry, 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 Flood Plain
District (F.P.) provided they are not prohibited by any other
City Code provisions:
1. Storage of equipment and materials.
334 (5-31-92)
3 11.80
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 Flood Plain District (F.P.):
1. The placement of new or used building
structures in the floodway, including new residences. New
residential subdivisions are also prohibited in the Flood
Plain (F.P.) District.
2. Travel trailer or travel vehicle parks
or campgrounds shall not be permitted in the Flood Plain
(F.P.) District.
3. Manufactured homes shall not be
permitted in the Flood Plain (F.P.) District.
D. Standards for Flood Plain Uses. The
following standards shall be met for any use in the Flood
• Plain (F.P.) District:
1. Storage of Material and Equipment.
(a) The storage or processing of
materials that are, in time of flooding, flammable, explosive,
toxic or potentially injurious to human, animal, or plant life
is prohibited.
(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 flood plain shall not be permitted unless
granted a variance by the Council. In granting a variance,
IIIthe 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
335 (5-31-92)
S 11.80
•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
infiltration of flood waters into the systems; and (2) new
replacement on -site sewage treatment systems must contain
check valves or other devices designed to minimize or
eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters 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 anchored 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 tied to
ground anchors. This requirement 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 Flood Plain Management
Standards contained in Minnesota Rules 1983, Parts 6120.5000
to 6120.6200.
Subd. 5. Flood Plain 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 Flood Plain District, the Zoning Administrator
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
336 (5-31-92)
•
•
S 11.80
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 Flood
Plain Evaluation) and 6120.5700 (Minimum Flood Plain
Management Standard for Local Ordinances) shall be followed
during the technical evaluation and review of the development
proposal.
B. Notification to DNR. The Zoning
Administrator shall submit one copy of all information
required by Section 613.4 (1) to the Department of Natural
Resources' Area Hydrologist for review and comment at least
ten (10) days prior to the granting of a conditional use
permit, variance or zoning amendment, and at least twenty (20)
days prior to the granting of a subdivision approval by the
City. The Zoning Administrator shall notify the Department of
Natural Resources' Area Hydrologist within ten (10) 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 Zoning Administrator shall
maintain a record of the elevation of the lowest floor
(including basement) for all alterations or additions, to
existing structures in the Flood Plain District.
Variancea,Subd. 6. Special Provisions for Flood Plain
A. For flood plain 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 flood plain
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
337 (5-31-92)
3 11.80
•the granting of such a variance, the Council shall clearly
identify in writing the specific condition that existing
consistent 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 Flood Plain
Violations.
A. Investigation. When a City Code violation
is either discovered by or brought to the attention of the
Zoning Administrator, the Zoning Administrator 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.
S. Order. The Zoning Administrator shall
notify the suspected party of the re9uirements of the flood
plain 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 Zoning Administrator 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 Zoning Administrator
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 thirty (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 Zoning Administrator
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 Zoning
Administrator 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'.
Source: Ordinance No. 133, 2nd Series
Effective Date: 2-14-92
(Sections 11.81 through 11.98, inclusive, reserved for
• future expansion.)
338 (5-31-92)
5 11.99
IIIISEC. 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.
i
Source: Ordinance No. 52
Effective Date: 4-25-75
(Pages 340 through 345 reserved)
339 (5-31-92)
12.RESERVED
• • •
•
•
•
CHAPTER 12
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
346 through 370
(1-1-83)
13. SUBDIVISION REGULATIONS
(PLATTING)
• • •
13 SUBDIVISION REGULATIONS
(PLATTING)
•
• •
Title Page
CHAPTER 13 SUBDIVISION REGULATIONS (PLATTING) 371
•
•
Sec. 13.01 Purpose 371
13.02 Jurisdiction 371
13.03 Interpretation; Conflict 372-1
13.04 Definitions 373
13.05-13.09 Reserved
13.10 Application Procedures and
Approval Process 380
13.11-13.19 Reserved
13.20 General Provisions 385
Subd. 1 Model Homes 385
Subd. 2 Grading of Site Prior to
Final Plat 385
Subd. 3 Effective Period of
Preliminary Plat Approval 385-1
Subd. 4 Zoning Regulations 386
Subd. 5 Private Ownership of
Multiple Dwelling Lots. . . 386
Subd. 6 Findings Related to Pre-
liminary and Final Plats. 386
Subd. 7 Platting Additions 388
Subd. 8 Public Uses 388
Subd. 9 Land Locked Parcels . . 389-1
Subd. 10 Fees 389-1
Subd. 11 Council Vote 389-1
Subd. 12 Planned Developments. 390
Subd. 13 Plat Approved Without
Variances 390
Subd. 14 Building Permits Prior to
Public and Private
Services 391
Subd. 15 Noise Abatement 391
Subd. 16 Consolidation of Lots of
Record 391
Subd. 17 Division of Lots of Record392
Subd. 18 Preliminary Plat
Compliance With Flood Plain
Requirements 392
13.21-13.29 Reserved
13.30 Data and Design Standards 393
Subd. 1 Preliminary Plat - General
Design Submission 393
A. Preliminary Plat Plans 393
B. Site Plans 394
i (5-31-92)
•
•
•
Title Page
Sec. 13.30 Data and Design Standards (Cont.)
Subd. 1 Preliminary Plat - General
Design Submission (Cont.)
C. General Utility and Street Plan . 395
D. General Grading/Drainage/Erosion
Control Plan. . . . . . . . . . . 395-1
E. General Landscape Plan 395-2
F. Park Dedication Plan 395-3
Subd. 2 Preliminary Plat - Technical
Design Submission
A.
B.
Certificate
Technical Utility and Street
Plans
395-4
395-4
395-4
C. Technical Grading/Drainage/
Erosion Control Plan 395-5
D. Technical Landscape Plan 395-6
E. Technical Park Plan 395-6
Subd. 3 Final Plat 395-6
Subd. 4 Street Design Standards 395-7
A. Public Streets 397
B. Private Streets 398
Subd. 5 Sidewalks and Trails 400
Subd. 6 Easements 400
Subd. 7 Blocks 400
Subd. 8 Lots 400
Subd. 9 Building Locations and
Elevations 401
Subd. 10 Public and Park Spaces 401
Subd. 11 Vegetation Including Trees,
Shrubs, Hedges, Etc 401
Subd. 12 Solar Access _ 402
Subd. 13 Environmental Protection 402
Subd. 14 Underground Utilities 402
Subd. 15 Required Improvements 402
13.31-13.39 Reserved
13.40 Administration and Enforcement. . 406
13.41-13.98 Reserved
13.99 Violation a Misdemeanor 410
ii (7-1-89)
•
•
CHAPTER 13
SUBDIVISION REGULATIONS (PLATTING)
SECTION 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 Offi-
cial 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 popula-
tion; (4) To protect the character and the social and eco-
nomic 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 through-
out 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, play-
grounds, recreation and other public requirements and facil-
ities; (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.
SEC. 13.02. JURISDICTION.
Subd. 1. Filing of Conveyance of Land. No
conveyance of land to which these regulations are applicable
371
(1-1-83)
•
•
•
§ 13.02
shall be filed or recorded with the Dakota 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
two and one-half (2-1/2) 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 (5) acres and having a width of not less than 300
feet, on July 1, 1980.
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.
Source: City Code
Effective Date: 1-1-83
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.
372 (4-30-84)
•
•
0
§ 13.02
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.
Source: Ordinance No. 13, 2nd Series
Effective Date: 4-27-84
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.
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.
372-1 (4-30-84)
•
•
•
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 restriction 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 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. 4. Saving Provision. These regulations
shall not be construed as abating any action now pending
under, or by virtue of, prior existing subdivision regula-
tions, 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 exist-
ing 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.
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:
11.
1. "Abutting" - As defined in City Code Chapter
2. "Alley" - A minor public right-of-way which
affords a secondary means of vehicular access to abutting
property.
3. "Applicant" - The owner of land proposed to be
subdivided or his representative. Consent shall be required
from the legal owner of the premises.
4. "Block" - 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.
373
(1-1-83)
•
•
•
5. "Bond" - 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.
6. "Boulevard" - That portion of a street right-
of-way between the curb or curb line and the property line.
7. "Building" - 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.
8. "Building Setback" - 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.
9. 'Capital Improvements Program" - 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.
10. 'Comprehensive Guide Plan" - The duly adopted
Plan guiding the land use development of the City.
11. "Construction Plan" - The map or drawing
accompanying a subdivision plat and illustrating the speci-
fic location and design of improvements to be installed in
the subdivision in accordance with engineering and City Code
requirements of the City and and as conditioned in the
approval of the plat.
12. "County Recorder" - The County Recorder when
referring to abstract or registered property under the tor-
rens system in Dakota County, Minnesota.
13. 'Cul-de-sac" - A local street with only one
(1) vehicular outlet and having an appropriate terminal for
the safe and convenient reversal of traffic.
14. "Dakota County Plat Committee" - A committee
established by the Dakota County, Minnesota, Board of Com-
missioners to review plats.
15. "Developer" - The owner of land proposed to be
subdivided or his representative. Consent shall be required
from the legal owner of the premises.
16. "Driveway" - Provides access to street from
residence, business or parking lot.
17. "Dwelling" - As defined in City Code Chapter
11.
374
(1-1-83)
•
•
18. "Easement" - 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.
19. "Escrow" - A deposit of cash with the local
government in lieu of an amount required and still in force
on a performance or maintenance bond.
20. "Engineer" - The Public Works Director of the
City.
21. "Excavation" - As defined in City Code Chapter
11.
22. "Final Plat" - A drawing, in final form, show-
ing 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.
23. "Frontage" - That side of a lot abutting on a
public street right-of-way.
24. "Grade" - The slope of a street or other
public way, specified in percentage (8) terms.
25. "Highway, Limited Access" - 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 jurisdic-
tion over such trafficway.
26. "Improvements" - See definition of "Public
Improvements".
27. "Licensed Engineer" - A person licensed as a
professional civil engineer by the State of Minnesota.
28. "Lot" - As defined in City Code Chapter 11.
29. "Lot Area" - As defined in City Code Chapter
11.
30. "Lot, Corner" - As defined in City Code
Chapter 11.
31. "Lot Depth" - As defined in City Code Chapter
11.
32. "Lot Line" - As defined in City Code Chapter
11.
33. "Lot Line, Front" - As defined in City Code
Chapter 11.
375 (1-1-83)
•
•
•
34. "Lot Line, Rear" - As defined in City Code
Chapter 11.
35. "Lot Line, Side" - As defined in City Code
Chapter 11.
36. "Lot of Record" - As defined in City Code
Chapter 11.
37. "Lot, Through" - As defined in City Code
Chapter 11.
38. "Lot Width" - As defined in City Code Chapter
11.
39. "Model Home" - 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.
40. "Multiple Dwelling" - A structure used for
residential living uses and having more than one (1)
dwelling unit in the same building.
41. "Non -Access Easement" - An easement restrict-
ing vehicular access from a public street to public or
private property.
42. 'Official Map" - A map duly adopted by the
Council pursuant to the provisions of Minnesota State
Statutes when such may exist.
43. "outlot" - A platted lot to be developed for a
use which will not.involve a building or be reserved for
future replatting before development.
44. "Owner" - 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.
45. "Performance Bond" - A bond granted by the
person(s) platting property to the City to guarantee the
installation of improvements required in this Chapter.
46. "Pedestrian Way" - 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".
47. "Planned Development" - As defined in City
Code Chapter 11.
376
(1-1-83)
•
•
•
48. "Preliminary Plat" - A drawing clearly marked
"Preliminary Plat" showing salient features of a proposed
subdivision as specified in this Chapter.
49. "Protective Covenant" - A contract between
parties which constitutes a restriction on the use of the
property for the benefit of the owners.
50. "Public Improvement" - 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.
51. "Public Land" - Land owned and/or operated by
a governmental unit.
52. "Public Services" - Services provided by
utility companies including gas, electric, cable TV,
telephone, etc.
53. "Publication" - An official notice as pre-
scribed by State Statutes in a newspaper so designated for
this purpose by the Council.
54. "Registered Engineer" - An engineer properly
licensed and registered in the State of Minnesota.
55. "Registered Land Surveyor" - A land surveyor
properly licensed and registered in the State of Minnesota.
56. "Replat" - The platting of an area that was
previously platted.
57. "Right -of -Way" - The usage of the term "right-
of-way" for land platting purposes shall mean that every
right-of-way hereafter established 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, elec-
tric/telephone/gas transmission and distribution lines,
watermain, sanitary sewer, storm sewer or other designated
public special use.
58. "Screening" - A strip of densely planted or
natural growth with shrubs or trees at least four (4) feet
high at the time of planting, of a type that will form a
year-round dense screen at least six (6) feet high or an
377
(1-1-83)
•
•
•
opaque wall or barrier or uniformly painted fence at least
six (6) 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.
59. "Sketch Plan" - A sketch of a proposed subdi-
vision showing information specified in Subdivision 3 of
Section 13.10 and Subdivision 1 of Section 13.30 of this
Chapter.
60. "Solar Energy System" - 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.
61. "Solar Skyspace" - 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.
62. "Street" - A public right-of-way which affords
a primary means of access to abutting property.
63. "Street, Arterial" - 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.
64. "Street, Collector" - A street which serves or
is designed to serve as a trafficway for a neighborhood or
as a feeder to an arterial street.
65. "Street, Dead -End or Cul-de-sac" - A street
with only one (1) vehicular outlet.
66. "Street, Half" - A street designed to provide
access to only one (1) side of the right-of-way.
67. "Street, Local" - A street to serve primarily
as an access to abutting properties.
68. "Street, Private" - A street which is not
dedicated to the City for public use.
69. "Street, Service" - A marginal access street
which is generally parallel to and adjacent to a major
street.
street.
70. "Street Pavement" - The wearing surface of a
378
(1-1-83)
•
•
•
71. "Street Width" - The width of the right-of-
way, measured at right angles to the centerline of the
street.
72. "Subdivider" - Any person, firm, corporation,
partnership or association, who shall lay out any subdivi-
sion or part thereof as defined herein, either by himself or
herself or with others.
73. "Subdivision" - The division of any parcel of
land into two (2) or more lots, blocks or parcels. It also
includes resubdivision of land and when appropriate to the
context, relates to the process of subdividing.
74. "Surveyor" - A person duly registered as a
land surveyor by the State of Minnesota.
75. "Structure" - As defined in City Code Chapter
11.
76. "Trailway" - An area so designated on a plat
for public trail use in a manner regulated by the City.
77. "Use" - As defined in City Code Chapter 11.
78. "Variance" - 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.
79. "Yard" - As defined in City Code Chapter 11.
80. "Zoning Districts" - As defined in City Code
Chapter 11.
Source: City Code
Effective Date: 1-1-83
(Sections 13.05 through 13.09, inclusive, reserved for
future expansion.)
379
(1-1-83)
S 13.10
SEC. 13.10. APPLICATION PROCEDURES AND APPROVAL
PROCESS.
Subd. 1. General Procedure. Whenever any subdi-
vision of land is proposed, before any binding contract is
made for the sale of any part thereof, before the subdivi-
sion is recorded with Dakota 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 (3) steps for a subdivision.
A. Preliminary Plat - General Design.
B. Preliminary Plat - Technical Design.
C. Final Plat.
Subd. 2. Petitions. All petitions for prelimi-
nary 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 of the
information required by this Chapter. It shall be the
obligation of the petitioner to provide all required
information and failure to do so may be used as a reason for
the Council to deny said petition.
Subd. 3. Preliminary Plat - General Design.
A. Petition. The preliminary plat general
design submission, at a minimum, shall include the required
information on the petition, as adopted by the City.
1. Six (6) full size copies and one (1)
8" x 11" reduction of each general design plan including all
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.
property.
4. Exact legal description of the
5. A completed and signed petition form
adopted by the City.
6. A signed escrow agreement, and all
required funds thereunder, as adopted by the City.
B. Staff Review.
1. Within ten (10) 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 all required petition information has
380 (7-1-89)
13.10
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
thirty (30) days of the closing of the hearing but in no
event later than ninety (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 one hundred and twenty (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
Minnesota Statutes 462.358. Approval shall be for a period
of one (1) 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 Dakota 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.
381 (7-1-89)
•
•
•
5 13.10
A. Information With Submission. After the
proposed preliminary plat has been conditionally 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.
Source: Ordinance No. 77, 2nd Series
Effective Date: 3-3-89
Subd. 5. Final Plat.
A. Requirements Prior to Final Plat. Prior
to filing a final plat, the following information shall have
been received and approved by the Council.
1. A preliminary plat in accordance
with the provisions of this Chapter.
2. An "Environmental Assessment Work -
sheet" when required by and subject to the provisions of
Minnesota State Statutes.
3. Approval by the Dakota County Plat
Committee for all plats fronting on a Dakota County Highway
and approval by the Minnesota Department of Transportation
for all plats fronting upon a State or Federal highway.
4. An engineering feasibility study for
City installed public improvements unless this requirement
shall have been waived by the Council.
Source: City Code
Effective Date: 1-1-83
5. A determination on the method by
which park dedication shall be satisfied for all plats.
Source: Ordinance No. 13, 2nd Series
Effective Date: 4-27-84
6. Execution of a Planned Development
Agreement for property zoned as "Planned Development".
382 (7-1-89)
•
•
•
S 13.10
B. Information With Final Plat. The final
plat petition, as a minimum, shall include the following
information and such additional information as may be deemed
necessary by the City for review and action on the petition:
1. Ten (10) copies of the final plat
plus one (1) copy of the hardshell for the permanent files
of the City which shall be the same as the document to be
filed with Dakota County. (See Section 13.30, Subd. 3).
2. A completed and signed petition form
prescribed by the City.
3. Fees as established by resolution of
the Council.
4. 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.
Source: City Code
Effective Date: 1-1-83
5. A performance bond, cash escrow,
letter of credit or similar guarantee, or a letter indicat-
ing intent to provide such guarantee, according to the
development escrow agreement, for privately installed public
street or utility improvements. The financial guarantee
shall consist of two separate escrows for (1) a final plat
application escrow for the costs and expenses relating to
processing the final plat application, review of required
submittals and preparation of related agreements and (2) a
contract management escrow covering inspection, agreement
compliance, contract management, and other necessary costs
for City approval and/or acceptance of privately installed
public street or utility improvements. The final plat
application escrow shall be filed with the City with the
final plat application.
Source: Ordinance No. 37, 2nd Series
Effective Date: 6-20-86
6. A copy of the abstract or evidence
of title as required by the City Attorney.
7. Design detail as required under
Section 13.30 of this Chapter.
8. A Subdivision Agreement, drafted by
City staff, for consideration by the Council when taking
action on the final plat.
383 (6-15-87)
•
•
•
S 13.10
C. Staff Review. Within ten (10) 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 application is complete, the City
Administrator shall schedule the final plat for a regular
Council meeting after giving City staff sufficient time to
review said plat. The City shall certify final approval of
the plat within sixty (60) days of receipt of the applica-
tion in accordance with MSA 462.358, Subsection 3b.
D. 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 after all requirements
are met and the plat has been recorded with Dakota County.
2. Signing of Plat. The final plat
shall not be released by the City Clerk for recording with
Dakota County until the following has occurred:
(a) The signature of the Mayor, or
in his or her 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.
Source: City Code
Effective Date: 1-1-83
(c) The letter of credit, perfor-
mance 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.
Source: Ordinance No. 37, 2nd Series
Effective Date: 6-20-86
(d) The final plat shall be signed
within ten (10) days of Council approval if all of the
required material is on file.
Source: City Code
Effective Date: 1-1-83
384 (6-15-87)
•
•
•
S 13.10
3. Recording of Plat. It shall be the
responsibility of the subdivider to file the plat with the
Dakota County Recorder within sixty (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 sixty 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.
Source: Ordinance No. 13, 2nd Series
Effective Date: 4-27-84
4. Proof of Recording. The City shall
not take any action related to the plat such as issuing
building permits or awarding 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 Dakota County Recorder. If problems arise
which are beyond the developer's control, the City can waive
this restriction.
Source: City Code
Effective Date: 1-1-83
(Sections 13.11 through 13.19, inclusive, reserved for
future expansion.)
384-1 (6-15-87)
•
•
•
§ 13.20
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, non-residential 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 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.
Source: Ordinance No. 74, 2nd Series
Effective Date: 1-6-89
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
385 (7-1-89)
•
•
•
13.20
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 (1) year or longer, as
specified by the Council. The Council, however, may upon
385-1 (7-1-89)
•
•
•
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 MSA 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 exist-
ing 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 non-
conforming, provided that final approval is obtained within
the one (1) 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.
Subd. 5. Private Ownership of Multiple Dwelling
Lots. Where the filing of a final plat on a multiple dwell-
ing 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 fol-
lowed 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 pre-
liminary 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 Dakota 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 establish-
ing conditions related thereto:
386
(1-1-83)
•
•
•
S 13.20
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
Dakota County, State of Minnesota, 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.
B. That the design of the subdivision or the
proposed improvements is not likely to cause environmental
damage.
P. That the design of the subdivision or the
type of improvements is 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).
J. That the design of public improvements
for the subdivision is compatible and consistent with the
platting or approved preliminary plat on adjacent lands.
Source: City Code
Effective Date: 1-1-83
R. 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
387 (6-15-91)
•
•
•
S 13.20
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.
Source: Ordinance No. 102, 2nd Series
Effective Date: 5-25-90
Subd. 7. Platting Additions.
A. Prior to granting final plat approval,
the Council may permit or require the plat to be divided
into two (2) 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.
8. 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
Development 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.
Source: City Code
Effective Date: 1-1-83
2. Park Land 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.
Source: Ordinance No. 54, 2nd Series
Effective Date: 6-10-88
388 (6-15-91)
•
•
•
S 13.20
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.
Source: City Code
Effective Date: 1-1-83
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 contribu-
tion 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 contribution shall be based on a rate schedule
established by resolution of the Council from time to time.
Source: Ordinance No. 102, 2nd Series
Effective Date: 5-25-90
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 (4) 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.
. 389 (6-15-91)
•
•
•
S 13.20
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 of Eagan handbook on environmental protection.
Source: City Code
Effective Date: 1-1-83
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 contribu-
tion 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 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.
Source: Ordinance No. 96, 2nd Series
Effective Date: 2-16-90
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. Land Locked Parcels. As a general rule,
the City shall not permit land locked parcels or parcels
that are only served by private easements. However, the
City may permit the following:
389-1 (6-15-91)
•
•
S 13.20
A. Land locked 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 land locked parcel is permitted in this
instance only for the purpose of establishing separate
taxable parcels within a complex.
B. Land locked parcels which are unbuildable
(outlots or parcels) reserved as permanent public open
spaces such as ponding areas may be permitted.
Subd. 10. Pees. 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.
389-2 (6-15-91
•
•
•
Subd. 12. Planned Developments. In platting
areas zoned "Planned Development" (PD) Districts as
described in the Zoning Chapter, the following shall be
required:
A. A valid "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 Development District.
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 incividual 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 cul-de-sacs,
length of block and radius of cul-de-sacs.
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
Dakota 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 conform-
ing lots and be entitled to all rights normally expected
with a conforming lot under the circumstances of Subpara-
graphs 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 automatically accrued.
C. Deviations from the Zoning Chapter are
noted in Subdivision 12 of this Section.
390
(1-1-83)
•
•
Subd. 14. Building Permits Prior to Public and
Private Services.
A. No Permits Until Contract Awarded. 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 ser-
vices (gas, electricity, sewer, water) and an improved pub-
lic 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. Excep-
tions 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.
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 vegeta-
tion, 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 stan-
dards 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 Dakota County and filing a copy of a
certificate of survey, showing same, with the City Clerk
within thirty (30) days of recording.
391
(1-1-83)
S 13.20
•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.
•
Source: City Code
Effective Date: 1-1-83
Subd. 18. Preliminary Plat Compliance with Flood
Plain 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 flood plain for
structures, sewage systems and related activities.
Source: Ordinance No. 138, 2nd Series
Effective Date: 4-29-92
(Sections 13.21 through 13.29, inclusive, reserved for
future expansion.)
392 (5-31-92)
•
•
•
S 13.30
SEC. 13.30. DATA AND DESIGN STANDARDS. All prelimi-
nary 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.
(d) Names, addresses and telephone
numbers of the owners, developer, surveyor and/or engineer,
and contact person.
subdivision clearly
numbers, areas, and
with numbers.
(e)
(f)
(g)
(h)
(i)
North arrow (orientated up).
Graphic scale of 1" = 50' or
1" = 100'.
Sheet size of 22" X 34" or
24" X 36".
Date of preparation.
Bench mark.
2. Site Data for Proposed Subdivision.
(a) Boundary
indicated.
(b) Proposed
dimensions.
(c) Proposed
line of the proposed
lot boundaries, with
block boundaries,
(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
393 (7-1-89)
•
•
S 13.30
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
(g) Minimum building setback lines
on all lots with the width of the lot shown at the minimum
front setback line.
dedications.
(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') 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
way, 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
(2'). Water courses, marshes, wooded areas and rock
outcrops, power transmission lines and poles, and other
significant features shall also be shown.
(h) Locations of existing struc-
tures with an indication of whether said structures will be
demolished or relocated.
(i) Location of existing tree
masses including type, size and quantity.
4. Traffic 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.
the following:
B. Site Plans. A site plan shall contain
394 (7-1-89)
3 13.30
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".
395 (7-1-89)
S 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) Bench mark.
2. Site Data for Proposed Subdivision
and Adjacent (Within 100') 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) Bench mark.
395-1 (7-1-89)
and Adjacent
S 13.30
2. Site Data for Proposed Subdivision
(Within 100') Land.
subdivision clearly
(a) Boundary line of the proposed
indicated.
(b) Lot boundaries within the
proposed subdivision.
proposed subdivision.
lots, blocks and outlots
unplatted property.
intervals to mean
lines, extending
boundaries.
intervals
extending
(c) Block boundaries within the
(d) Plat names, and boundaries of
for adjacent platted property.
(e) Tax parcel numbers of adjacent
(f) Existing contours at 2'
sea level datum, indicated by dashed
100' beyond the proposed subdivision
(g) Proposed contours at 2'
to mean sea level datum, indicated by solid lines,
100' 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 land-
scape 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.
395-2 (7-1-89)
•
•
•
5 13.30
Pursuant to the City Code, the informa-
tion noted in the following Items (c), (d) and (e) shall be
submitted as required for industrial/commercial and multi -
residential 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 require-
ments 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 prelimi-
nary 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".
(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' beyond the dedication parcel boundary.
(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.
395-3 (7-1-89)
•
•
•
5 13.30
(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') to the
dedication parcel.
(i) Location of proposed trails
and sidewalks within and adjacent (within 100') to dedica-
tion parcel, with type and grade shown every 100'.
(j) Location of adjacent (within
100') parkland and public -owned parcels.
2. 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 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 Minnesota.
B. Technical Utility and Street Plans. A
technical utility and street plan shall contain the
following:
1. General Information. The informa-
tion 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'.
395-4 (7-1-89)
•
•
•
5 13.30
2. Site Data for Proposed Subdivision
and Adjacent (Within 100') 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 informa-
tion 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') 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).
(b) Location of existing struc-
tures on adjacent (within 100') property.
(c) Location of proposed building,
auxiliary structures, parking areas and roads.
395-5 (7-1-89)
•
•
•
5 13.30
(d) Limits of clearing and grading.
(e) Location of erosion/sediment
control structures and indication of type (hay bale, silt
fence, sedimentation basin, etc.).
(E) A signed letter shall
accompany the submittal stating the person/company
responsible for erosion and sediment control plan
preparation, implementation 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, Subparagraph 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.
Source: Ordinance No. 77, 2nd Series
Effective Date: 3-3-89
Subd. 3. Final Plat.
A. The final plat plan shall be on sheets 20
inches wide by 30 inches long (20" x 30") and shall be at a
scale of one hundred feet equals one inch (100' = 1") 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
395-6 (7-1-89)
•
•
5 13.30
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 Dakota County.
B. The following final development plans
shall be supplied with the final plat:
1. Lot dimensions and area
calculations, including square footages. Area calculations
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.
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 By -Laws where applicable, if any.
5. Certificates, affidavits, endorse-
ments, photographs or data as may be required by the Council
and/or the Planning Commission pursuant to the subdivision
regulations.
6. A topographical contour map
including proposed contour grading at vertical intervals of
not more than two feet (2') 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.
395-7 (7-1-89)
•
4 13.30
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 non -access
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 separation of through and local traffic.
Street jogs with centerline offsets
of less than one hundred and twenty-five feet (125') 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 (10) degrees, they shall be connected by a curve
with a radius adequate to insure a sight distance of not
less than one hundred fifty feet (150') for minor or
collector streets, and of such greater radii as the City
Engineer shall determine for special causes.
396 (8-31-88)
•
S 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 sixty
(60) degrees.
8. Sight easements at street intersec-
tions 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.
Source: City Code
Effective Date: 1-1-83
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:
397 (8-31-88)
• • •
1 t
WIDTH TRAFFIC PARK 8 GRADE
ROAD TYPE ADT R/W STREET(2) LANES LANES MIN. MAX
Local Access
1. Cul-de-sac 150 50'(la) 28'(lb) 2 2 0.5 8
1. Low Density 300 50' 28' 2 2 0.5 10
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 1,500-5,000 80' 44' 2 2 0.5 7
e 3. High 5,000 86' 48' 4 . - 0.5 6
J
'
r Arterial
1. Low 10,000 86 (4) 48' 4 - 0.5 6
2. Medium 10-15,000 100 (4) 52' 4 - 0.5 5
3. High (3) 15,000 110 (4) 2 @ 28 4 - 0.5 4
(la) Minimum right-of-way radius for "bubble" is 55' without center island
and 65' with a center island.
(lb) Minimum street radius for "bubble" is 45' without center island and
55' 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'.
m
u NOTE: The actual right-of-way width will be determined by the Public Works
1 Department (unless specifically set by the Council) after considering
m all characteristics of the'adjacent development.
Source: Ordinance No. 51, 2nd Series
Effective Date: 7-31-87
W
u
0
•
•
•
S 13.30
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 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 five hundred feet (500') and shall be
provided at the closed end with a turn -around having an
outside street pavement diameter of at least ninety feet
(90') and street width diameter of at least one hundred and
twenty feet (120'). For purposes of measuring cul-de-sacs,
the distance from the centerline of the intersected streets
to the centerline of the cul-de-sac shall be used.
12. Approval of cul-de-sacs in new
subdivisions shall be determined by the City after review of
topography, desirability for the whole subdivision, expected
maintenance costs, emergency vehicle access and compliance
with City planning objectives.
397-2 (8-31-88)
§ 13.30
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% for the first one hundred feet (100')
approaching said intersection.
15. All streets shall be constructed to
the minimum load bearing capacities dictated by existing
soil conditions and the proposed designated use as follows:
(a) Residential non -continuous
streets (cul-de-sacs): 5 ton per axle load bearing
capacity.
(b) Residential low volume
continuous non -collector streets: 7 ton per axle load
bearing capacity.
(c) Residential, medium -high
volume collector streets: 9 ton per axle load bearing
capacity.
(d) All commercial and industrial
streets: 9 ton per axle load bearing capacity.
S. 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' offset
between center lines 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.
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.
Source: City Code
Effective Date: 1-1-83
5. Minimum width for private drives as
defined from face of curb to face of curb shall be as
follows:
398 (8-31-85)
•
•
•
NUMBER OF POTENTIAL
UNITS SERVED
4 or less
5 - 8
9 - 20
More than 20
Through Streets
TYPE OF
STREET
No curb and gutter
Concrete curb
Concrete curb
Concrete curb and gutter
Concrete curb and gutter
S 13.30
MINIMUM WIDTH
(FACE TO FACEI
12'
20'
24'
28'
28'
Source: Ordinance No. 13, 2nd Series
Effective Date: 4-27-84
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' from the center line
intersection of a through street and shall have a turn-
around at the extreme far end with an outside street
pavement diameter of at least 90'. For purposes of
measuring cul-de-sacs, the distance from the center line of
the intersected street to the center line of the cul-de-sac
shall be used.
7. Street grade shall not exceed 10%
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%.
No street grade shall be less than 0.5%. At intersections,
the street grade shall not exceed 3.0% for the first 100'
approaching said intersection.
9. All streets shall be constructed to
minimum load bearing capacities of 7 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' for any through private
street. Setback for any structure shall be a minimum of 20'
for any dead end private street.
12. All private and public street
intersections shall have a minimum of fifteen foot radius.
13. All private street construction
shall have a crowned center line providing for directional
drainage into the gutter line and subsequentlyinto an
internal storm sewer system.
Source: City Code
Effective Date: 1-1-83
399 (4-30-84)
S 13.30
•
•
•
Subd. 5. Sidewalks and Trailways. Sidewalks
and/or trailways shall be installed in accordance with City
Code provisions and applicable policies.
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 (10') wide or wider as may be required by the City.
B. Where a subdivision is traversed by a
ponding area, water course, drainageway, channel or stream
there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such
water course and incorporating 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.
Source: Ordinance No. 13, 2nd Series
Effective Date: 4-27-84
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 twelve
hundred (1200) 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.
400 (4-30-84)
§ 13.30
•
•
•
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 fifty feet (50') 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 (10') in width may be required by the City, across
which there shall be no right to 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.
Source: City Code
Effective Date: 1-1-83
Subd. 9. Building Locations and Elevations.
(Refer to City Code Chapter 11 and the State Building Code
adopted by reference in Chapter 4.)
Source: Ordinance No. 13, 2nd Series
Effective Date: 4-27-84
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.)
401 (4-30-84)
§ 13.30
•
•
•
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 development sites as well as wetlands areas. A
Handbook on Environmental Protection is available at City
Hall.
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, bluffline or high ridges and the alteration of the
natural environment for above ground or underground
utilities shall be minimized to the maximum extent possible.
Subd. 15. Required Improvements. The following
required improvements shall be installed 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 development of the
subdivision.
(b) Where municipal sewer
facilities are not available, individual sewage systems
shall be provided in accordance with the Minnesota Pollution
Control Agency Standards and as approved by the City.
2. Water Systems.
(a) Where available, municipal
water facilities shall be provided in the development of the
subdivision.
402 (1-1-83)
S 13.30
(b) When municipal water
facilities are not available, individual water systems shall
be provided in accordance with Minnesota 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 Subdivision 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.
Source: City Code
Effective Date: 1-1-83
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 Minnesota Statutes, Chapter 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.
Source: Ordinance No. 13, 2nd Series
Effective Date: 4-27-84
403 (4-30-84)
•
•
•
5 13.30
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 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 of Minnesota 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 "asbuilt"
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 inspections, or the right to deny
acceptance for perpetual maintenance by City forces.
403-1 (1-1-83)
•
•
•
(f) Upon completion, inspection
and final acceptance of the affected streets and/or utili-
ties to be reverted to the City for future maintenance, the
developer shall submit a 1-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 por-
tion 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% of the estimated cost of the
improvements to be performed privately by the
developer/applicant.
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 lightingare provided for in Chapter 3 of the
City Code.)
E. Trees. "Street" trees shall beplanted
as provided in Subdivision 11 of this Section.
F. Driveway Approaches. Concrete or bitumi-
nous 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 applicant as
approved by the City within a specified time after commence-
ment 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.
404
(1-1-83)
•
•
•
S 13.30
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% of the estimated cost of the improve-
ments 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% of the original amount until total comple-
tion 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:
Source: City Code
Effective Date: 1-1-83
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 submitted by the applicant.
Source: Ordinance No. 27, 2nd Series
Effective Date: 2-7-86
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.
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 Minnesota Statutes, Chapter
429.
405 (6-15-86)
•
•
§ 13.30
4. Individual lot grading shall be in
conformance with Subdivision 8 of this Section.
I. Dedication of Public Right(s)-of-Way.
The Council may extend the provisions of the performance
bond or similar guarantee, to include a guarantee that the
public right(s)-of-way shall be dedicated in accordance with
the provisions under which a plat is approved.
Source: City Code
Effective Date: 1-1-83
(Sections 13.31 through 13.39, inclusive, reserved for
future expansion.)
405-1 (6-15-86)
•
•
•
SEC. 13.40. ADMINISTRATION AND ENFORCEMENT.
Subd. 1. Enforcing Officer.
A. The Council shall designate a "Zoning
Administrator" 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, 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 Com-
mission and Council.
1. The Planning Commission shall make
recommendations to the Council on variances, waivers or
appeal petitions received under this Chapter within sixty
(60) days after having been filed with the City.
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.
406
(1-1-83)
•
•
•
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 of Minnesota.
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 vari-
ances from the strict application of the provisions of this
Chapter and impose conditions and safeguards in the vari-
ances 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 prac-
tical difficulties claimed as a basis for a variance or
waiver. The petition shall also include the name and
address oc each affected property owner of directly abutting
property along the side of the property under consideration.
C. Referral to the Advisory Planning Commis-
sion. 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 sixty (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 hearing shall be held
by the Council. If the Council shall determine that the
407
.(1-1-83)
•
•
§ 13.40
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 recommenda-
tion.
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 (1) year after denial by the
Council.
G. Lapse of Variance. A variance or waiver
becomes void two (2) years after it was granted unless made
use of within the two year period or such longer time period
as the Council may provide.
Source: City Code
Effective Date: 1-1-83
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 prelimi-
nary 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 three hundred and fifty feet (350') of the outer
boundaries of the property in question. The petition shall
be forwarded to the Planning Commission by the City
Administrator.
408 (6-15-86)
•
•
•
S 13.40
C. Public Hearing - Notice and Procedure.
The Planning Commission shall hold at least one (1) public
hearing on a preliminary plat affording the parties
interested the opportunity to be heard and shall give not
less than ten (10) days nor more than thirty (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 (10) 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 three hundred and fifty feet (350') 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.
Subd. 5. Fees. The required fees to be paid for
each petition required under this Chapter shall be estab-
lished 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 sixty
(60) days shall have passed since the hearing wherein the
Council can act without a Planning Commission recommenda-
tion.
Source: Ordinance No. 34, 2nd Series
Effective Date: 6-6-86
(Sections 13.41 through 13.98, inclusive, reserved for
future expansion.)
409 (6-15-86)
•
•
•
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.
Source: City Code
Effective Date: 1-1-83
410
(1-1-83)
•
•
(Pages 411 through 420 reserved)
(1-1-83)
r 1
14-24. RESERVED
• • s
14.02-14.99 Reserved
•
Title Page
CHAPTER 14 SPECIAL SERVICE DISTRICT NO. 1 421
Sec. 14.01 Special Service District No. 1 421
Subd. 1 Purpose 421
Subd 2 Services The District
May Provide 421
Subd. 3 Payment for Services. 421
Subd. 4 Area Included Within
Special Service District
No. 1 422
(7-1-94)
CHAPTER 14
SPECIAL SERVICE DISTRICT NO. 1
SECTION 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,
public parking facilities;
maintenance and repair of
6. Provision and coordination of public safety
services in excess of City standard;
7. The repair, maintenance, operation,
rerouting and replacement of existing public improvements, and
those authorized by Minnesota Statutes, S429.021, 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 services 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 be paid from revenues
collected from service charges imposed within the district.
421 (7-1-94)
•
•
§ 14.01
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
approximately 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 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-1/4 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-1/4 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.
Source: Ordinance No. 179, 2nd Series
Effective Date: 6-24-94
(Sections 14.02 through 14.99, inclusive, reserved for future
expansion.)
422 (7-1-94)
•
(Pages 423 through 446 reserved)
•
•
•
CHAPTER 15
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
447 through 472
(1-1-83)
•
•
•
• CHAPTER 16
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
473 through 498
(1-1-83)
•
•
•
CHAPTER 17
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
499 through 524
(1-1-83)
•
•
CHAPTER 18
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
525 through 550
(1-1-83)
•
•
CHAPTER 19
(THIS.ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
551 through 576
(1-1-83)
•
•
•
'CHAPTER 20
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
577 through 602
(1-1-83)
•
•
•
CRAFTER 21
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
603 through 628
(1-1-83)
•
•
•
CHAPTER 22
'(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
629 through 654
(1-1-83)
•
•
•
CHAPTER 23
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
655 through 680
(1-1-83)
•
•
.CHAPTER 24
(THIS ENTIRE CHAPTER RESERVED FOR FUTURE EXPANSION)
(Reserved Pages)
681 through 706
(1-1-83)
11
25. LISTING OF UNCODED ORDINANCES
IN EFFECT
• • •
25. LISTING OF UNCODED ORDINANCES
IN EFFECT
• o •
•
•
Title Page
CHAPTER 25 LISTING OF UNCODED ORDINANCES
IN EFFECT 707
Regulating Elections 708
Consolidated Improvement Bond
Debt Service Fund 408
Industrial Strength Charge 708
Grant of Gas Franchise 709
Grant of Electric Franchise 709
Grant of Cable TV Franchise 709
Pipeline Ordinance 710
Ordinance Codification 710
Single Family Housing and
Multifamily Housing Developments -
Housing Programs 710
(4-30-84)
•
•
•
CHAPTER 25
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.
707
(1-1-83)
•
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.
708
(1-1-83)
Grant of Gas Franchise
Ordinance No. 7, adopted January 7, 1969, grants
franchise to Northern Natural Gas Company for a period of
twenty-five (25) years.
Ordinance No. 28, adopted November 18, 1969, grants
franchise to Northern States Power Company, for a period of
twenty-five (25) years.
Ordinance No. 54, adopted September 3, 1974 grants
franchise to Minnesota Gas Company in River Hills 9th
Addition for a period of twenty-five (25) years.
Ordinance No. 102, adopted September 20, 1983 grants
franchise to Northern Natural Gas Company for, a period of
twenty-five (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
twenty-five (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 twenty-five (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 fifteen (15)
years.
709 (8-31-85)
•
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 twenty-five (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 -
Housinq 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 Minnesota Statutes Sections 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.
710 (8-31-85)