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CODE OF ORDINANCES
CITY OF
_ ARDEN HILLS, MINNESOTA
CONTAINING THE GENERAL ORDINANCES
OF THE CITY
$
Adopted, January 15, 1979
Effective, April 1, 1979
;
i,
Published by Order of the City Council J
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MUNICIPAL CODE CORPOR,ATION
, C Tallahaesee, Florida 1979
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OFFICIALS
of the
CITY OF ARDEN HILLS, MINNESOTA
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Thomas R. Sather
Mayor
Nancy Hansen
JoAnn Growe
Paul Malone
Tom Mahowald
Councilmembers
Gary R. Berger
City Clerk Administrator
Jerry Filla
City Attorney
Supp. No. 21
iii
1
PREFACE
This Code is a revision and codification of the ordinancea
, of Arden Hills of a general and permanent nature. Aa
expressed in the Adopting Ordinance, the Code supersedea
all such ordinances not included therein or recognized as
continuing in force by reference thereto. It is the first such
revision and codification for the city.
The chapters of the Code are arranged in alphabetical
order and the sections within each chapter are catchlined to
facilitate usage. Footnotes which tie related sectiona of the
Code together and which refer to relevant provisiona of the
state law have been included. A table listing the atate law
citations setting forth their location within the Code volume
is included at the back of this volume. The source of each
section is indicated by the hiatory note appearing in
parentheses at the end thereof. The absence of such a note
indicates that the section is new and was adopted for the
first time with the adoption of the Code. By use of the
Comparative Table also appearing in the back of the
volume, any ordinance included herein can be readily found
in the Code.
Numbering System
The numbering syatem uaed in this Code is the same
system used in many atate and municipal codea. Each
section number consists of two component parta separated
by a dash, the figure before the dash representing the
chapter number and the figure after the dash indicating the ~
, position of the section within the chapter. Thus, the first
section of Chapter 1 is numbered 1-1 and the fourteenth
section of Chapter 21 is 21-14.
Under this system each section is identified with ita
chapter and, at the same time, new sections or even whole
~ chapters can be inserted in their proper places, simply by
using the decimal system for amendments. By way of
, illustration: If new material consisting of three sectiona that
would logically come between Sections 4-3 and 4-4 is
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desired to be added, such new sections would be numbered
4-3.1, 4-3.2, 4-3.3, reapectively. New chapters may be
included in the same manner. If the new material is to be
included between Chaptera 13 and 14 it will be designated
as Chapter 13.5. Care ahould be taken that the alphabetical
arrangement of chapters is maintained when including new
chaptera. New articles and new divisions may be included in
the same way or, in the case of articles, may be placed at
the end of the chapter embracing the subject, and, in the
case of divisions, may be placed at the end of the article ~
embracing the subject, the negt succesaive number being
asaigned to the article or division.
Index
~ The indeg has been prepared with the greatest of care.
Each particular item has been placed under several
headings, some of the headings being couched in lay
phraseology, others in legal terminology, and still others in
I language generally used by municipal officials and employ-
ees. There are numerous crosa references within the indeg
itself which stand as guideposts to direct the user to the
particular item in whieh he is interested.
Looseleaf Supplements
A apecial feature of thia Code is the looseleaf system of
binding and supplemental service, by which the Code will be
kept up-to-date periodically. Upon the final passage of
amendatory ordinances, they will be properly edited and the
page or pages affected will be reprinted. These new pages
will be diatributed to the holders of the Code with
inatructiona for the manner of inserting the new pages and
deleting tHe obsolete pages. Each such amendment, when
incorporated into the Code, may be cited as a part thereof, ~
as provided in Section 4 of the Adopting Ordinance.
The succesaful maintenance of this Code up-to-date at all
times will depend largely upon the holder of the volume. As
revised sheets are received it will then become the
responsibility of the holder to have the amendmenta inserted
according to the attached instructions. It is atrongly
recommended by the publishers that all auch amendments
vi
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be inserted immediately upon receipt to avoid misplacing
them and, in addition, that all deleted pages be saved and
filed for historical reference purposes.
Acknowledgments
The publication of thia Code was under the direct
supervision of George R. Langford, President, and Ronald
K. McLaughlin, Editor, of Municipal Code Corporation,
Tallahasaee, Florida. Credit is gratefully given to the other
r members of the publisher's ataff for their sincere interest
and able assiatance throughout the project.
The publishers are moat grateful to Mr. James S. Lynden,
City Attorney, and Mrs. Charlotte McNieah, Clerk-Adminis-
trator, for their cooperation and intereat during the
preparation of this Code.
January, 1979 MUNICIPAL CODE CORPORATION
Tallahassee, Florida
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vii
ORDINANCE NO. 206
An Ordinance Adopting and Enacting a New Code of
Ordinances of the City of Arden Hills, Minnesota;
Establishing the Same; Prouiding for the Repeal of
Certain Ordinances Not Included Therein, Except as
Herein Expressly Provided; Providing for the Manner of
~ Amending Such Code of Ordinances; Prouiding a Penalty
for the Violation Thereof; and Providing When This
Ordinance Shall Become Ef fective.
The Council of the City of Arden Hills Does Ordain:
Section 1. The Code of Ordinances, consisting of chapters
1 to 28, each inclusive, a copy of which is hereby placed on
file in the records of the City Council in the office of the
clerk-administrator and which beara the designation
"advance copy", is hereby adopted and enacted as the "Code
of Ordinances of the City of Arden Hills, Minnesota", and
shall be treated and considered as a new and original
comprehensive ordinance which shall supersede all other
general and permanent ordinances of the city pasaed on or
before March 28, 1977, to the extent provided in section 2
hereof.
Section 2. All provisiona of such Code shall be in full
force and effect from and after the first day of April, 1979,
and all ordinances of a general and permanent nature of the
City of Arden Hills, enacted on final passage on or before
March 28, 1977, and not included in such Code or recognized
and continued in force by reference therein are hereby
I repealed from and after the first day of April, 1979, egcept
as hereinafter provided. No resolution of the city not
specifically mentioned is hereby repealed.
Section 3. The repEal provided for in section 2 hereof
shall not affect the following:
(a) Any offenae or act committed or done or any penalty
or forfeiture incurred or any contract or right
establiahed or accruing before the effective date of this
ordinance;
ix
(b) Any ordinance egtending or contracting the bound-
aries of the city;
(c) The City's zoning ordinance and all amendments
thereto; '
(d) Any ordinance enacted after March 28, 1977.
Nor shall such repeal be construed to revive any
' ordinance or part of an ordinance which ia repealed by this
ordinance.
~
Section 4. Any and all additions or amendmenta to such
Code, when passed in such form as to indicate the intention
of the city council to make the same a part thereof, ahall be
deemed to be incorporated in such Code so that reference to
the "Code of Ordinances of the City of Arden Hills,
Minnesota" ahall be underatood and intended to include
such additions and amendments.
Section 5. A copy of such Code ahall be kept on file in
the office of the city clerk-administrator, preserved in
looseleaf form. It ahall be the egpresa duty of the city
clerk-administrator or someone authorized by him, to inaert
in their designated places all amendmenta or ordinancea
which indicate the intention of the city council to make the
same a part of such Code when the same have been printed
or reprinted in page form, and to egtract from such Code all
provisions which may from time to time be repealed by the
City Council. This copy of such Code ahall be available for
all persons desiring to egamine the same and ahall be
considered the official Code of Ordinancea of Arden Hills,
Minnesota.
Section 8. Whenever in said Code or in any ordinance of
the city any act is prohibited or ia made or declared to be -
unlawful or a miademeanor, or whenever in such Code or ~
ordinance the doing of any act ia required or the failure to
do any act ia declared to be unlawful or a misdemeanor,
where no apecific penalty is provided therefor, the violation
of any such provision of this Code or any ordinance shall be
puniahed by afine of not more than five hundred dollars
($500.00) or by imprisonment for a period of not egceeding
ninety (90) days, or both. Each day any violation of any
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~ provisions of this Code or of any ordinance shall continue
shall constitute a separate offense.
Section 7. In case of the amendment of any section of
such Code for which a penalty is not provided, the general
penalty as provided in section 1-10 of such Code (the fine
portion of which shall be changed from three hundred
dollars ($300.00) to five hundred dollara ($500.00)) ahall
apply to the section as amended.
Section 8. That it shall be unlawful for any person, firm
" or corporation in the city to change or amend by additiona
or deletiona, any part of or portion of such Code, or to inaert
or delete pages or portions thereof, or to alter or tamper with
such Code in any manner whatsoever which will cause the
law of the City of Arden Hills to be misrepresented thereby.
Any person, firm or corporation violating this section ahall
be punished as provided in section 6 of this ordinance and
section 1-10 of the Code of Ordinancea of the City of Arden
Hills, Minnesota.
Section 9. That all ordinances or parts of ordinances in
conflict herewith are, to the extent of such conflict, hereby
repealed.
Section 10. This ordinance ahall be effective as of April
1, 1979.
Passed by the City Council of Arden Hills this 15th day of
January, 1979.
Mayor
ATTEST:
City Clerk-Adminiatrator
xi
TABLE OF CONTENTS
Page
Officials of the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
Preface v
Adopting Ordinance ux
Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . [1]
CODE OF ORDINANCES
Chapter
1. General Provisions 1
2. Administration 59
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Art. II. City Council . . . . . . . . . . . . . . . . . . . . . . . . . 59
Div. 1. Generally 59
Div. 2. Rules 62
Div. 3. Legislation 64
Div. 4. Amendments to Code . . . . . . . . . . . . 65
Art. III. Boards, Committees and Commissions. 68
Div. 1. Generally 68
Div. 2. Human Rights Commission 69
Art. IV. Elections . . . . . . . . . . . . . . . . . . . 72
2.5. Alarm Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
3. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Art. II. Intoxicating Liquors . . . . . . . . . . . . . . . . . . 125
Div. l. Generally . . . . . . . . . . . . . . . . . . . . . . . 125
Div. 2. License 130
Art. III. Malt Beverages . . . . . . . . . . . . . . . . . . . . . 140
Div. 1. Generally 140
Div. 2. License 142
4. Amusements, Parks and Recreation . . . . . . . . . . . . . . 187
Art. I. In General 187
Div. l. Driving Ranges . . . . . . . . . . . . . . . . . 187
Div. 2. Coin-Operated Amusement Devices 188
Div. 3. Amusement Arcades . . . . . . . . . . . . . 192
Supp. No. 22 xiii
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ARDEN HILLS CODE
Chapter Page
Div. 4. Gambling Devices . . . . . . . . . . . . . . . 197
Div. 5. Authorized Gambling . . . . . . . . . . . . 198
Art. II. Public Parks and Recreation Areas 198.5
Div. 1. Generally 198.5
Div. 2. Arden Hills Parks System 198.6
5. Animals and Pets 247
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Art. H. Dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Div. 1. Generally 248
Div. 2. Registration 251
Div. 3. Citations and Impoundment 253
Div. 4 Kennels 255
6. Buildings 305
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Art. H. Codes 306
Art. III. Inspectors . . . . . . . . 307
Art. N. Permits 312
Div. 1. Generally 312
Div. 2. Fees 321
Art. V. Inspections 329
Div. 1. Generally 329
Div. 2. Certificates of Occupancy . . . . . . . . 334
Art. VI. Licenses 335
Art. VII. Water Wells . . . . . . . . . . . . . . . . . . . . . 338
Div. 1. Generally........ ' 338
Div. 2. Permit.... 340
Div. 3. Location, Constructio . . . . . . . . . . 341
7. Civil Defense 397
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . 397
Art. II. Civil Defense Agency . . . . . . . . . . . . . . . . . 401
I Div. 1. Generally 401
Div. 2. Director 402
' Div. 3. Advisory Committee . . . . . . . . . . . . . 405
Div. 4. Volunteers 406 ;
Art. III. Emergency Regulations . . . . . . . . . . . . . . 408
8. Excavations 461 ~
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 461
Supp. No. 22 xiv
TABLE OF CONTENTS-Cont'd.
Chapter Page
Art. II. Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
Art. III. Performance Standards . . . . . . . . . . . . . . 474
9. Fire Protection and Prevention . . . . . . . . . . . . . . . . . . . 507
Art. I. In General 507
Art. II. Open Burning . . . . . . . . . . . . . . . . . . . . . . . 507
Art. III. Code 508
9.5. Floodplain Management 543
Art. I. Statutory Authorization, Findings of Fact
and Purpose 543
Art. II. General Provisions . . . . . . . . . . . . . . . . . . . 544
Art. III. Zoning Districts . . . . . . . . . . . . . . . . . . . . . 548
Art. IV. Administration 554
Art. V. Subdivisions and Mobile Home Parks.. 559
Art. VI. Nanconforming Uses . . . . . . . . . . . . . . . . 559
Art. VII. Amendments 561
Art. VIII. Enforcement . . 562
10: Food and Food Handlers 579
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
Art. II. Restaurants 579
11. Garbage and Trash 631
Art. I. In General 631
Art. II. Colleetion . . . . . . . . 633
` 12. Lakes 685
Art. I. In General 685
Art. II. Lake Johanna . . . . . . . . . . . . . . . . . . . . . . . 685
Div. l. Generally 685
Div. 2. Speed Zones 687
13. Licenses 739
' Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 739
Art. II: Fees 743
Art. III. Limited, Temporary Permits . . . . . . . . . 747
13.5. Massage, Rap and Sauna Parlors . . . . . . . . . . . . . . . 771
14. Mobile Homes 809
Art. I. In General 809
Supp. No. 21 xV
,AR,DEN HILLS CODE .
Chapter Page
Art. TI. Mobile Home Courts . . . . . . . . . . . . . . . 813
Div. 1. Generally 813
Div. 2. Permit 817
Div. 3. Development Requirements 819
Div. 4. Streets, Sidewalks 825
15. Motor Vehicles 877
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 877
~ Art. II. Motor Vehicle Rentals . . . . . . . . . . . . . . . : 877
Art. III. Serviee Stations 878
16. Nuisances 931
Art. I. In General . . : . . . . . . : . . . . . . . . . . 931
Art. II. Abandoned Property . . . : . . . : . . . . . . . . . 936
Div. 1. Generally 936
Div. 2. Abaridaned Vehicles . . . " : . . 937
17. Offenses . 987
,
Art. I. In General . . . . . . . . . . . . . . . 987
.
, Art. II. Minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 987
Div. 1. Generally 987
~
Div. 2. Curfew 987
Art. III. Weapons . . . . . . . . . . . . . . . . . . . . . . : . . . . 989
' 18. Peddlers 1041
~ Art. I. In General............. 1041
- Art. II. Reserved 1041
19. Personnel Policy for City Employees . . . . . . . . . . . . . . 1097
20. Planning and Zoning 1161
Art. I. In General . . . . . . . . . . . . . . . . . . . . . : . . . . . 1161
~ Art. II. Planning Commission . . . . . . . . . . . . . 1161
20.5. Shorelands Management . . . . . . . . . . . . . . . . . . . . 1185 ~
Art. I. 'ntle, Purpose and Statutory Authorization . 1185
Art. II. General Provisions . . . . . . . . . . : . . . . 1186
Art. III. Rules and Definitions . . . . . . . . . . . . . . . . 1187
Art. IV. Shoreland Management Districts 1190
Art. V. District Pravisions . . . . . . . . . . . . . . . . . . . 1193
Art. VI. Administration 1198 t
Art. VII. Enforcement . . . . . . . . . . . . . . . . . . . . . . . 1199
Supp. No. 21 Xvl
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TABLE OF CONTENTS-Cont'd.
Chapter Page
21. Signs 1215
22. Subdivisions 1275
23. Swimming Pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1363
24. Taxation and Special Assessments . . . . . . . . . . . . . . . . 1419
25. Taxicabs 1471
26. Traffic 1521
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521
Art. II. Recreational Motor Vehicles . . . . . . . . . . 1524
Div. 1. Generally 1524
Div. 2. Regulations 1525
27. Trees and Vegetation 1581
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 1581
Art. II. Boulevard Trees . . . . . . . . . . . . . . . . . . . 1581
Div. 1. Generally 1581
Div. 2. Permit 1583
Art. III. Protection of Shade Trees . . . . . . . . . . . . 1586
28. Utilities 1643
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 1643
Art. II. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1643
Div. 1. Generally 1643
Div. 2. Connections 1649
Div. 3. Rates and Charges . . . . . . . . . . . : . . 1654
Div. 4. Meters and Hydrants . . . . . . . . . . . . 1658
Art. III. Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664
Div. 1. Generally 1664
Div. 2. Construction Requirements 1669
Div. 3. Rates and Charges . . . . . . . . . . . . . . 1671
Div. 4. Sewer Availability . . . . . . . . . . . . . . . 1675
Art. N. Underground Installation of Distribu-
tion Lines 1678
Appendix A. Zoning Ordinance 1781
Sec. I. Title, Purpose and Intent . . . . . . . . . . . . . . 1782
Sec. II. Rules, Scope, Interpretation and Defini-
tions 1783
Supp. No. 22
xVii
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AR.DEN HILLS CODE
Appendix Page
Sec. III. Minimum Compliance Requirements. . 1805
Sec. IV. Zoning Map and Boundaries of Zoning
Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1806
Sec. V. District Provisions . . . . . . . . . . . . . . . . . . . 1809
Sec. VI. General Regulations . . . . . . . . . . . . . . . . . 1817
Sec. VII. Special Principal Uses . . . . . . . . . . . . . . 1838.1
Sec. VIII. Administration and Procedures 1840
Sec. IX. Reserved ............................187020
Sec. X. Nonconforming Uses, Buildings and
Lots .................................1870.20
Sec. XI. Special Provisions . . . . . . . . . . . . . . . . . . . 1873
Sec. XII. Enforcement . . . . . . . . . . . . . . . . . . . . . . . 1874
Sec. XIII. Effectuation . . . . . . . . . . . . . . . . . . . . . . . 1875
Sec. XIV. Miscellaneous Regulations 1876
Appendix B. Franchises 1897
Cable Communications System Franchise . . . . . . . . . . 1897
Statement of Intent and Purpose . . . . . . . . . . . . . . 1898
Findings 1898
Art. I. Short Title and Definitions . . . . . . . . . . . . 1899
Art. II. Grant of Authority and General Provi-
sions 1902
Art. III. Design of System . . . . . . . . . . . . . . . . . . . . 1906
Art. N. Services and Programming; Subscriber
Contracts; Complaints . . . . . . . . . . . . . . . 1916
Art. V. Construction, Initial Service Area Line
Extension and Construction Standards. 1918
Art. VI. Systems Operations . . . . . . . . . . . . . . . . . 1924
Art. VII. Reserved 1938
Art. VIII. Indemnification, Ineurance, Letter of
Credit and Bond 1938
Art. IX. Default 1944
Art. X. Foreclosure, fteceivership and Abandon-
ment 1946
Art. XI. Purchase of System . . . . . . . . . . . . . . . . . . 1947
Art. XII. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . 1950
Art. XIII. Administration and Advisory Body.. 1956
Supp. No. 22
xviii
TABLE OF CONTENTS-Cont'd.
Appendiar Page
Art. XIV. Joint System; Acceptance; Incorpora-
tion of Offering; Exhibits; Publica-
tion 1956
Gas Distribution System Franchise . . . . . . . . . . . . . . . . 1960
Electric Distribution System Franchise . . . . . . . . . . . . 1966
Statutory Reference Table 1981
Code Comparative Table 1993
Code Index 2025
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Supp. No. 21
Xix
Checklist of Up•to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a
page-for-page substitution basis, it has become evident that
through usage and supplernentation many pages can be inserted
and removed in error.
The following listing is included in this Code as a ready guide
for the user to determine whether the Code volume properly re-
flects the latest printing of each page.
In the first column all page numbers are listed in sequence. The
second column reflects the latest printing of the pages as they
should appear in an up-to-date volume. The letters "OC" indicate
the pages have not been reprinted in the Supplement Service and
appear as published for the original Code. When a page has been
reprinted or printed in the Supplement Service, this column re-
flects the identification number or Supplement Number printed
on the bottom of the page.
In addition to assisting existing holders of the Code, this list
may be used in compiling an up-to-date copy from the original
Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page OC 59,60 13
iii 21 61,62 bC
v, vi OC 63,64 Ig
vii OC 65,66 OC ix, X OC 67,68 OC
xi OC 69,70 OC
xiii, xiv 22 71,72 20
, xv, xvi 21 73 21
xvii, xviii 22 93,94 13
xix 21 95,96 13
1,2 OC 123, 124 1
3,4 1 125,126 19
5,6 OC 127,128 19 I
7,8 1 129, 130 1
Supp. No. 22 [j]
ARDEN HILLS CODE
Page No. Supp. No. Page No. Supp. No.
131,132 14 321,322 17
132.1 1 323,324 17
133,134 3 329,330 OC
135,136 OC 331,332 2
137,138 OC 333,334 17
139,140 9 334.1 17
141,142 OC 335,336 OC
143,144 OC 337,338 OC
145, 146 OC 339,340 OC
147 19 341,342 3
187, 188 19 343,344 OC
189,190 6 345,346 OC
191,192 7 347 OC
193,194 7 397,398 OC
195, 196 7 399,400 OC
197,198 20 401,402 OC
198.1, 198.2 20 403,404 OC
198.3, 198.4 20 405,406 OC
198.5, 198.6 20 407,408 OC
199,200 3 409,410 OC
201,202 3 461,462 9
203,204 3 462.1 9
205,206 3 463,464 OC
207 3 465,466 OC
247,248 1 467,468 OC
249,250 1 469,470 OC
251,252 3 471,472 OC
253,254 1 473,474 OC
255,256 1 475,476 21
305,306 22 507,508 8
306.1 22 509,510 8
307,308 OC 511 8
309,310 OC 543,544 3
311,312 OC 545,546 3
313,314 OC 547,548 3
315,316 2 549,550 3
317,318 2 551,552 3
319,320 17 553,554 3
Supp. No. 22 [2]
I
I CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
555,556 3 823,824 OC
' 557,558 3 825,826 OC
559,560 3 877,878 OC
561,562 3 879,880 OC
579,580 OC 881 OC
I 631,632 OC 931,932 18
633,634 OC 933,934 18
685,686 OC 935,936 18
687,688 OC 937,938 18
739, 740 21 987,988 OC
741,742 6 989,990 OC
743, 744 6 991 OC
745,746 6 1041 12
746.1 6 1097, 1098 21
747,748 3 1099, 1100 21
749,750 3 1101, 1102 21
771,772 2 1103, 1104 21
773,774 2 1105, 1106 21
775,776 2 1107, 1108 21
777,778 2 1109, 1110 21
779,780 2 1111, 1112 21
781,782 3 1113, 1114 21
782.1 3 1115, 1116 21
783, 784 2 1117, 1118 21
785,786 2 1161, 1162 21
787,788 2 1163, 1164 21
789,790 2 1165 21
791, 792 2 1185, 1186 12
793, 794 2 1187, 1188 12
809,810 9 1189, 1190 12
811,812 9 1191, 1192 12
812.1 9 1193, 1194 12
813,814 OC 1195, 1196 12
I 815,816 2 1197, 1198 12
816.1 2 1199 12
817,818 OC 1215, 1216 3
819,820 3 1217, 1218 3
821,822 OC 1219, 1220 3
Supp. No. 22 [3]
ARDEN HILLS CODE
Page No. Supp. No. Page No. Supp. No.
1221, 1222 6 1581, 1582 OC
1223, 1224 3 1583, 1584 OC
1225, 1226 15 1585, 1586 OC
1227, 1228 3 1587, 1588 OC
1229 16 1589, 1590 OC
1231, 1232 3 1591, 1592 OC
1233, 1234 3 1593 OC
1235, 1236 3 1643, 1644 OC
1237, 1238 3 1645, 1646 16
1275, 1276 OC 1646.1, 1646.2 16
1277, 1278 OC 1647, 1648 OC
1279, 1280 3 1649, 1650 3
1281, 1282 3 1651, 1652 3
1283, 1284 OC 1652.1 3
1285, 1286 22 1653, 1654 OC
1287, 1288 OC 1655, 1656 3
1289, 1290 OC 1657, 1658 8
1291, 1292 OC 1659, 1660 3
1293, 1294 22 1661, 1662 3
1295 22 1663,1664 3
1297, 1298 OC 1665, 1666 3
1299, 1300 OC 1667, 1668 OC
1301, 1302 OC 1669, 1670 8
1303, 1304 OC 1671, 1672 8
1305, 1306 3 1673, 1674 8
1307, 1308 3 1674.1 8
" 1309, 1310 3 1675, 1676 3
1311, 1312 3 1677, 1678 3
1363, 1364 OC 1679, 1680 OC
1365, 1366 OC 1681 21
1367, 1368 OC 1781, 1782 21
1419, 1420 OC 1783, 1784 4
1471 OC 1785, 1786 9
1521, 1522 20 1787, 1788 9
1523, 1524 14 1789, 1790 4
1525, 1526 14 1791, 1792 9
1527, 1528 14 1793, 1794 9
1529, 1530 14 1795, 1796 9
Supp. No. 22 [4]
CHECKLIST OF UP-TO•DATE PAGES
Page No. Supp. No. Page Na. Supp. No.
1797, 1798 4 1863, 1864 4
1799, 1800 9 1865, 1866 4
1801, 1802 4 1867, 1868 4
1803, 1804 9 1869, 1870 20
1805, 1806 20 1870.1, 18702 20
1807, 1808 22 1870.3, 1870.4 20
1809, 1810 22 1870.5, 1870.6 20
1811, 1812 22 1870.7, 1870.8 22
1813, 1814 22 1870.9,
1815 22 1870.10 22
1817, 1818 9 1870.11,
1819, 1820 9 1870.12 22
1820.1 9 1870.13,
1821, 1822 4 1870.14 22
1823, 1824 4 1870.15,
1825, 1826 9 1870.16 22
1826.1 9 1870.17,
1827, 1828 4 1870.18 22
1829, 1830 9 1870.19,
1831, 1832 9 1870.20 22
1833, 1834 9 1871, 1872 4
1834.1, 18342 15 1873, 1874 4
1835, 1836 15 1875, 1876 20
1837 15 1877 20
1838.1, 18382 9 1897, 1898 18
1838,3 9 1899, 1900 7
1839, 1840 4 1901, 1902 8
1841, 1842 4 1903, 1904 22
1843, 1844 4 1905, 1906 22
1845, 1846 4 1907, 1908 22
1847, 1848 4 1909, 1910 22
1849,1850 4 1911 22
1851, 1852 4 1913, 1914 7
1853, 1854 4 1915, 1916 22
I 1855, 1856 4 1917, 1918 7
1857, 1858 4 1919, 1920 10
1859, 1860 4 1921, 1922 10
1861, 1862 4 1923, 1924 7
Supp. No. 22 [5]
I
ARDEN HILLS CODE
Page No. $upp. No. Page No. Supp. No.
1925, 1926 7 2027, 2028 14
1927, 1928 7 2029, 2030 19
1929, 1930 10 2031, 2032 21
1931, 1932 10 2032.1 21
1932.1 10 2033, 2034 11
1933, 1934 7 2034.1, 20342 13
1935, 1936 22 2035, 2036 18
1937, 1938 22 2037, 2038 18
1939, 1940 7 2039, 2040 3
1941, 1942 22 2041, 2042 21
1943, 1944 22 2043, 2044 21
1945, 1946 22 2045, 2046 20
1947, 1948 7 2046.1 20
1949, 1950 7 2047, 2048 13
1951, 1952 7 2049, 2050 19
1953, 1954 7 2051, 2052 20
1955, 1956 7 2053, 2054 21
1957, 1958 22 2054.1, 20542 21
1959, 1960 22 2055, 2056 11
1961, 1962 18 2057, 2058 20
1963, 1964 la 2059, 2060 11
1965, 1966 18 2060.1 9
1967, 1968 18 2061, 2062 19
1969, 1970 18 2062.1 19
1971 18 2063,2064 9
1981, 1982 22 2065, 2066 14
" 1993, 1994 OC 2067, 2068 21
1995, 1996 OC 2069, 2070 21
1997, 1998 OC 2071, 2072 21
1999, 2000 1 2074.1, 20742 19
2001, 2002 OC 2075, 2076 21
2003, 2004 OC 2077, 2078 21
2005, 2006 3 2079, 2080 14
2007, 2008 18 2081, 2082 3
2009, 2010 22 2083, 2084 22 ,
2011 22 2085, 2086 20 '
2025, 2026 20 2087, 2088 20
2026.1 20 2089, 2090 21
Supp. No. 22 [6]
CHECKLIST OF UP-TO•DATE PAGES
Page No. Supp. No.
2091, 2092 21
2092.1 21
2093, 2094 3
2095, 2096 21
2097, 2095 22
2099, 2100 9
2101, 2102 22
2103, 2104 20
2105, 2106 9
2107, 2108 9
2109, 2110 9
2111, 2112 20
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Supp. No. 22 [7]
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I
SUPPLEMENT N0. 22
October 1991
CODF, OF ORDINANCES
City of
,ARDEN HII.LS, MINNESOTA
Looseloof Supplement
~ This Supplement contai~s aH ordinances deemed advisable to
be included at this time througli:
Ordinance No. 281, enacted May 13, 1891.
See the Code Gomparativc Table for further information.
Remov old pages Insert new pages
'v xiii, xiv
xvii, xviii
cecklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
305-r306.1 305-306.1
C1~, 1286 1285, 1286
3-1296 1293-1295
8 1815 1807-1815
~~.'7-1870.9 1870.7-187020
-1911 1903-1911
1916 1915, 1916
kl 5, 1936 1935-1938
799 -1946 19 41-1946
-1960 1957-1960 , 1982 1981, 1982
, 2010 2009-2011
L2'~,83 2084 2083, 2084
~J~O , 2098 2097, 2098 .
01, 2102 2101, 2102
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SUPPLEMENT NO. 21
May 1991
~ CODE OF ORDINANCES
City of
I
ARDEN HILLS, MINNESOTA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to
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Ordinaace No. 276, enacted January 2, 1991.
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I W. . 740 739,740
7--1110 1097-1118
' ~1V-1164 1161-1165
,?~Y68 ' 1681
77 1, 1782 1781, 1782
.7-1870.10 1870.7-1870.9
1, 1982 1981, 1982
C.2ep9, 2010 2009, 2010
i,26 0.1-2032 2031-2032.1
-2044 2041-2044
~~2~j~~2.1-2054 2053-2054.2
{~0 -2074 2067-2072
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I 095-2098 2095-2098
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SUPPLEMENT NO. 20
January, 1991
CODE OF ORDINANCES
City of
AR,DEN HILLS, MINNESOTA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to
be included at this time through:
Ordinance No. 274, enacted November 13, 1990.
See the Code Comparative Table for further information.
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' -198.5 197-198.6
1, 1522 1521, 1522
~I 11782 1781, 1782
:1-1815 1805-1815
r , 1870 1869-1870.10
1876 1875-1877
, 2010 2009, 2010
In x pages Index pages
-2026.1 2025-2026.1
5-2046.1 2045-2046.1
rp5-2052.2 2051-2052.2
VX0 , 2058 2057, 2058
~-2088.1 2085-2088.1
~,7!91-2104 2101-2104
k2fll, 2112 2111, 2112
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SUPPLEMENT NO. 19
July, 1990
CODE OF ORDINANCES
City Qf
ARDEN HILLS, MINNESOTA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to
be included at this time through:
Ordinance No. 267, enacted March 26, 1990.
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147
~8 187,188
7 198.1 197-198.5
38 , 1982 1981, 1982
9, 2010 2009, 2010
Inoex pages Index pages
i20p, 2030 2029, 2030
1931, 2032 2031, 2032
;&7,2058 9-2052.1 2049-20522
2057, 2058
W61, 2062 2061-20621
t2~~ , 2076 2074.1-2075
(W85, 2086 2085, 2086
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SUPPLEMENT NO. 18
November, 1989
CODE OF ORDINANCES
City of
I ARDEN HILLS, MINNESOTA
Looseleaf Supplement
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be included at this time through:
Ordinance No. 264, enacted September 11, 1989. •
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~7, 1898 1897,1898
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1982 1981, 1982
07-2010 2007-2010
In ex pages Index pages
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SUPPLEMENT NO. 17
April, 1989
CODE OF ORDINANCES
City of
ARDEN HILLS, MINNESOTA
Looseleaf Supplement
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Ordinance No. 251, enacted January 3, 1989.
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SUPPLEMENT N0. 16
CODE OF ORDINANCES
City of
AftDEN HILLS, MINNESOTA
Looseleaf Supplement
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be included at this time through:
Ordinance No. 259, enacted July 25, 1988.
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October, 1988
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j'~
ZONING PAMPHLET
SUPPLEMENT N0. 15
APPENDIX A
ZONING
City of
ARDEN HILLS, MINNESOTA
Looseleaf Supplement
This Supplement is a reprint of the changes in Appendix A,
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SUPPLEMENT NO. 14
CODE OF ORDINANCES
City of
ARDEN HILLS, MINNESOTA
Looseleaf Supplement .
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Ordinance No. 246, enacted June 8,1987.
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-2027, 2028 2027, 2028
2045, 2046 2045, 2046
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CODE OF OftDINANCES
Chapter 1
GENERAL PR.OVISIONS
Sec. 1-1. How designated, cited.
The chapters, articles, divisions and sections embraced in
this Code of Ordinancea shall constitute and be designated
as "The Code of Ordinances of the City of Arden Hills,
Minnesota" and may be so cited. This Code may also be
cited as the "Arden Hills City Code."
' State law reference-Authority to codify ordinances, M.S.A.
412.191(5), 415.021.
Sec. 1-2. Rules of construction, definitions. In the construction of this Code and of all ordinances of
this city, the following rules of conatruction and definitions
shall be observed, unless such conatruction or definition
would be inconsistent with the manifest intent of the city
council, would be repugnant to the context of the provisions
or the context clearly requires otherwise.
Generally: All words and phrases shall be construed and '
understood according to the common and approved usage of
language; but technical words and phrases and such others
as may have acquired a peculiar and appropriate meaning '
in the law shall be construed and understood according to
such peculiar and appropriate meaning.
. Alley: The word "alley" shall mean a minor public way
which is used primarily for vehicular service access to the
back or side of a property abutting on a street. ~
Boulevard: The word "boulevard" shall mean that portion
of a street lying between the lateral line of the roadway !
portion thereof (i.e., the back of the curb or curbline) and the ~
property line of abutting properties which may contain '
within ita boundaries a sidewalk.
1
J
§ 1-2 AftDEN HILLS CODE •
City: The statutory City of Arden Hills in the County of
Ramsey in the State of Minnesota.
City council: The governing body of the city.
Code: This Code of Ordinances as designated and cited in
section 1-1 above.
County: The County of Ramsey in the State of Minnesota.
Delegation of authority: Whenever a provision appears in
this Code requiring an officer of the city to do some act or
make certain inspections, it is to be construed to authorize
such officer to designate, delegate and authorize subordi-
nates to perform the required act or make the required
inspection unless the terms of the provision or section
egpreasly designatea otherwise.
Gender: A word importing the masculine gender only
ahall egtend and be applied to femalea and to firms,
partnerships, asaociations and corporations as well as to
males.
In the city: The words "in the city" or "in this city" mean
and include any territory within the corporate limita of thia
city and the poiice juriadiction thereof, and any other
territory over which regulatory power has been conferred on
I the city by general or special act, egcept as otherwise
specified.
Joint authority: Words purporting to give authority to
three (3) or more officers or other persons shall be construed
~ as giving such authority to a majority of such officers or
other persons, unless it is otherwise apecifically declared.
Law: Any atatute, ordinance or regulation promulgated by
the United States, the atate, the county, the city or any
'i agency thereof, as well as the rules and regulationa of other
bodies politic that may be appropriate.
~ Month: The word "month" shall mean a calendar month.
Number: Any word importing the singular number shall
include the plural, and any word importing the plural
number shall include the singular.
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2
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GENERAL PROVISIONS § 1-2
Oath: The word "oath" shall be construed to include an
affirmation in all cases in which, by law, an affirmation
may be substituted for an oath, and in such cases the words
"swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
Official time standard: Whenever certain hours are named
in this Code they shall mean standard time or daylight
savings time as may be in current use in the city.
Officials, employees, boards, commissions, etc.: Whenever
reference is made to officials, employees, boards, commis-
sions or other agencies of the city by title only, i.e.,
"mayor," "clerk-administrator," "chief of police," etc., they
shall be deemed to refer to the officials, employees, boards,
commissions or other agencies of this city.
Owner: The word "owner" shall, when applied to a
building or land, include any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant or
tenant by the entirety of the whole or of a part of such ,
building or land.
Pathway, pedestrianway: The words "pathway" and
"pedestrianway" shall mean a way, public or private,
running across or located within a platted lot or block or an
unplotted parcel of land, improved, designed or intended for
the principai use of pedestrians.
Person: The word "person" shall include and be applied to
a firm, partnership, association, corporation, organization,
club, society, group acting as a unit, or body politic and
corporate, as well as to an individual.
Personal property: The words "personal property" shall
include money, gooda, chattels, evidences of debt, things in
action, and any other species of property, egcept real
property.
Preceding, following: The-words "preceding" and "follow-
ing" shall mean the next before and the negt after,
respectively.
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Supp. No. 1
3
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§ 1-2 ARDEN HILLS CODE
Property: The word "property" shall include real, personal
and mixed property.
Public place: Any public way, park, cemetery, school yard
or open space adjacent thereto; any public lake or stream;
and any place or business open to the use of the public in
general, open to public view or to which the public has
access. -
Public way: Any street, sidewalk, pathway, pedestrian-
way, or other thoroughfare granted, dedicated, or reserved
for public use and used by the public for vehicular or
pedestrian purposes.
Real property: The words "real property" shall include
lands, tenements and hereditaments.
Reasonable time: In all cases where any section of this
Code or city ordinance shall require any act to be done in a
reasonable time or reasonable notice to be given, such
reasonable time or notice shall be deemed to mean such time
only as may be necessary for the prompt performance of
such duty, or compliance with such notice.
Residence: The place adopted by a person as his place of
habitation, and to which, whenever he is absent, he has the
intention of returning. When a person eats at one place and
sleeps at another, the place where such person sleeps shall
be deemed to be his residence.
Roadway: That portion of a street improved, designed or
intended for the principal use of vehicular traffic extending
from the back of the curb (i.e., the curbline) on one side to
the back of the curb (i.e., the curbline) on the other side.
Shall, may: The word "shall" is mandatory, and the word
"may" is discretionary.
~ Sidewalk: The word "sidewalk" shall mean a way, public
or private, comprising a portion of the boulevard of a street
, which is improved, designed or intended for the principal
use of pedestrians.
Signature, subscription: The word "signature" or "sub-
scription" shall include a mark when the person cannot
Supp. No. 1
4
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GENERAL PROVISIONS § 1-4
write, when his name is written near such mark and is
witnessed by a person who writes his own name as witness.
State: The words "the state" or "this state" shall mean the
State of Minnesota.
Street: The word "street" shall mean a way, public or
private, for the conveyance principally of vehicular traffic,
whether designated as a street, avenue, parkway, road,
lane, throughway, expressway, highway, place or however
otherwise designated, consisting of a roadway and boule-
vard, the latter of which may contain a sidewalk.
Tenant, occupant: The words "tenant" and "occupant,"
applied to a building or land shall mean any person who
occupies the whole or a part of such building or land,
whether alone or with others.
~ Tense: Words used in the past or present tense shall
include the future as well as the past or present.
Writing, written: The words "writing" and "written" shall
include typewriting, printing on paper and any other mode
of representing words and letters.
Year: The word "year" shall mean a calendar year.
State law reference-Similar provisions, M.S.A. 645.15, 645.44.
Sec. 1-3. When section 1-2 does not apply.
The rules of construction and definitions set forth in
section 1-2 shall not be applied to any section of this Code
or city ordinance which shall contain any express provision
excluding such construction or definition, or when the
subject matter or context of such provisions or ordinances
may be repugnant thereto.
Sec. 1-4. Incorporation by reference.
All standard codes, rules, regulations, and other subject
matter herein or hereafter properly incorporated by refer-
ence, together with subsequent amendments thereto, pursu-
5
§ 1-4 ARDEN HILLS CODE
ant to state law, and future incorporations by reference
shall be kept and preserved in the office of the city
clerk-administrator.
Sec. 1-5. Parenthetical and reference matter.
The matter in parentheses at the ends of sections in this
Code is for information only and is not a part of this Code.
Citations to ordinances indicate only the source of such
section and the text may or may not be changed by thia
Code.
Sec. 1-6. Catchlines of sections.
The catchlinea of sectiona of this Code printed in
boldface type are intended as mere catchwords to indicate
the contents of the sections and shall not be deemed or '
taken to be titles of such sections, nor as any part of any
, section, nor, unless expreasly so provided, ahall they be so
deemed when anY section, including its catchline, is
amended or reenacted.
Sec. 1-7. Reference to Code, confiicts.
In addition to the rules of conatruction and definitions
specified in this chapter, the following rules shall be
observed in the construction of this Code:
(a) All references to chapters, articles or sections are to
the chapters, articles and sections of this Code unleas
otherwise specified.
(b) If the provisions of .different chapters of this Code
conflict with or contravene each other, the provisions
of each chapter shall prevail as to all matters and
questiona growing out of the subject matter of such
chapter.
(c) If conflicting provisiona be found in different
sections of the same chapter, the provisiona of the
section which is last in numerical order ahall prevail
unless such construction would be inconsistent with
the meaning of such chapter.
6
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GENERAL PROVISIONS § 1-10
Sec. 1-8. Police power extended to city property.
The police power of the city is hereby extended to include
all lands or property owned or leased by the city or any
agency of the city and the general ordinances of the city
shall be applicable on such property.
i
Sec. 1-9. Altering Code.
It shall be unlawful for any person to change or amend by
additions or deletions, any part or portion of this Code, or to
insert or delete pages, or portions thereof, or to alter or
tamper with such Code in any manner whatsoever which
will cause the law of the city to be misrepresented thereby;
provided, that supplementation of this Code by authorized
persons shall be permitted.
~ Sec. 1-10. General penalty; continuing violations.
(a) Whenever in this Code or in any ordinance of the city
an act is prohibited or is made or declared to be unlawful or
an offense or a misdemeanor, or whenever in such Code or
I ordinance the doing of any act is required or the failure to
do any act is declared to be unlawful, and no specific
penalty is provided therefor, the violation of any such
provision or the failure to perform any such act shall be
punished by a fine of not exceeding five hundred dollars
($500.00) or by imprisonment not to exceed ninety (90) days
' or both such fine and imprisonment in the discretion of the
court.
(b) Notwithstanding the provisions of paragraph (a) of
this section, in the event any provision of this Code is
designated as a"petty misdemeanor" the violation of such
' provision shall be punished by a fine of not to ezceed one
hundred dollars ($100.00).
(c) Each day any such violation or failure to perform such
act shall continue shall constitute a separate offense, unless
otherwise specifically provided. (Ord. No. 158, 2, 3,
7-10-72; Ord. No. 206, 6, 7, 1-15-79)
State law reference-Penalties for violation of ordinancea, M.S.A.
412231, 609.032.
Supp. No. 1 7
I
§ 1-11 ARDEN HILLS CODE
Sec. 1-11. Penalty not exclusive.
The imposition of a penalty under the provisions of this
Code shall not prevent the revocation or suspension of any
license, franchise or permit issued or granted under the
provisions of this Code.
In the event any violation of this Code is designated as a
nuisance under the provisions of this Code, such nuisance
may be summarily abated by the city in addition to the
imposition of a fine or imprisonment.
Sec. 1-12. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause,
sentence, paragraph or section of this Code shall be declared
invalid, unenforceable or unconstitutional by the valid
judgment of decree of a court of competent jurisdiction, such
invalidity, unenforceability or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this Code.
Sec. 1-13. Effect of repeals.
The repeal of an ordinance shall not revive any ordinance
in force before or at the time the ordinance repealed took
effect. The repeal of an ordinance shall not affect any
punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending at the
time of such repeal, for an offense committed or cause of
action arising under the ordinance repealed.
Supp. No. 1 8 [The next page ia 591
I
I
Chapter 2
ADMINI3TR.ATION"'
Art. I. In General, 2-1-2-16
Art. II. City Council, 2-16-2-71
Div. 1. Generally, 2-16-2-28
Div. 2. Rules, 2-29-2-43
• Div. 3. Legislation, 2-44-2-53
Div. 4. Amendmenta to Code, 2-54-2-71
Art. III. Boards, Committees and Commieeiona, 2-72-2-88
Div. 1. Generally, 2-72-2-80
Div, 2. Human Rights Commisaion, 2-81-2-88
ARTICLE I. IN GENEBAL
Secs. 2-1-2-3. Reserved.
Editor's note-Ord. No. 212, § 1, adopted Jan. 28, 1980, repealed 2-1-2-3
which pertained to the public works reserved fund and were derived from 1-3
, of Ord. No. 81, adopted Oct. 26, 1964.
Secs. 2-4-2-15. Reserved.
ARTICLE II. CITY COUNCILfi
DIVISION 1. GENERALLY
Sec. 2-16. Date of election.
The regular city election shall be held biennially on the f"irst
Tuesday after the first Monday in November and every even-
numbered year beginning with the 1974 election. (Ord. No. 179, §
2, 7-8-74)
State law references-Elections, general and special, M.S.A. Ch. 203; conduct
of elections, M.S.A. Ch. 204; municipal elections, M.S.A. Ch. 205.
*Cross reference-Personnel, Ch. 19.
State law references-Statutory cities, M.S.A. Ch. 412; powers of council,
M.S.A. § 412.191; rights, powers and duties of municipalities, M.S.A. Ch. 465.
tState law references-Optional plans of government, M.S.A. § 412.541; op-
tional plan A, M.S.A. § 412.572 et seq.; governing bodies, M.S.A. § 471.57.
Supp. No. 13 59
§ 2-17 ARDEN HILLS CODE
Sec. 2-17. Terms of councilmen, mayor.
Two (2) councilmen shall be elected for four-year terms at each
biennial election commencing in 1974. The mayor shall be elected
for a four-year term at the biennial election commencing in 1986.
(Ord. No. 179, § 5, 7-8-74; Ord. No. 243, § 1, 8-25-86)
Sec. 2-18. Salaries.
The salary of the mayor is fixed at two thousand nine hundred
dollars ($2,900.00) per annum payable in equal monthly install-
ments of two hundred forty-one dollars and sixty-seven cents
($241.67). The salary of each council member is fixed at the rate
of two thousand three hundred dollars ($2,300.00) per annum
payable in equal monthly installments of one hundred ninety-one
dollars and sixty-seven cents ($191.67). (Ord. No. 159, § 2, 9-25-72;
Ord. No. 239, § 1, 4-28-86)
Supp. No. 13 60
ADMINISTftATION § 2-28
Sec. 2-19. Regular meetings.
The city council shall have regular meetings on the second
and last Mondays of each month at 7:30 p.m. and, if such
day shall fall on a holiday, shall have its regular meeting
on the next following day, and adjourned and special
meetings at any other time the council may deem proper.
The first meeting of the year shall be held on the second day
of January unless the second day of January ahall fall upon
Saturday or Sunday, in which event it shall be held on
Monday the third or fourth. All meetings shall be held in
the city hall except as otherwise, from time to time,
designated by the council. (Ord. No. 38, § 1, 3-30-59)
3tate law reference-Meetings of council, M.S.A. § 412.191(2).
Sec. 2-20. Adjournment.
M
The council may at any time, by a majority vote of those
present, adjourn from time to time to a specific date and
hour whether or not a quorum is present. (Ord. No. 1, Rule
29, 3-20-51)
Sec. 2-21. Special meetiage.
Special meetings may be called by the mayor or any two
(2) members by written request filed with or verbal request
made to the clerk-administrator at least three (3) days,
Sundays and holidays egcepted, prior to the time specified
for such meeting. The clerk-administrator shall mail a
notice at least two (2) days before the meeting to all
membera of the time and place of the meeting and its
purpose, if the purpose be atated in the call filed with or
made to him. (Ord. No. 1, Rule 30, 3-26-51)
Sec. 2-22. Meetings public.
, All meetinga of the council shall be public. (Ord. No. 1,
Rule 24, 3-26-51)
Secs. 2-23-2-28. Reserved.
61
§ 2-29 ARDEN HILLS CODE
DIVISION 2. RULES
Sec. 2-29. Effect of rules.
The rules of the council are adopted to facilitate the
transaction of council business and functions. They should
not be permitted to defeat or hinder the plainly expressed
intent and desire of the council. Informal compliance and
substantial performance shall be sufficient under the
following rules in the absence of objection seasonably
taken. Objection is hereby declared not to have been
' seasonably taken as to procedural matters provided for
herein if a council member present at a meeting fails to
object during the meeting and request compliance with these
rules, and such objection shall not be seasonably taken if
taken by an absent member later than the next regular
meeting after the proceedings to which objection is made.
(Ord. No. 1, Rule 28, 3-26-51)
Sec. 2-30. Amendment of rules.
The rules governing meetings of the council, or any of
them, may be temporarily suspended by consent of a
~ majority of all councilmen, and shall not be repealed,
altered, or amended, unless by concurrence of a majority of
the whole council, and upon notice given at some preceding
meeting. (Ord. No. 1, Rule 26, 3-26-51)
~
Sec. 2-31. ftobert's rules.
~ In all points not covered by this division and division 3 of
~ this article, the council shall be governed in its procedure by
Robjert's Rules of Order Revised. (Ord. No. 1, Rule 27,
~ 3-26=51)
f Sec. 2-32. Presiding officer.
r
The mayor ahall preside at all meetings of the council. In
the absence of the mayor, the acting mayor ahall preside. In
the absence of both, the councilmen shall elect one of their
number as temporary chairman. The acting mayor and
62
i
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~
I
' ADMINISTRATION § 2-36
temporary chairman when occupying the place of the mayor
shall have the same privileges as other members. (Ord. No.
1, Rule 2, 3-26-51)
Sec. 2-33. Quorum; compelling attendance.
At all meetings of the council, a majority of the council
members shall constitute a quorum to do business, but a
minority may adjourn from day to day and may compel the
attendance of absentees unless a reasonable egcuse be
offered. (Ord. No. 1, Rule 3, 3-26-51)
Sec. 2-34. Authority of mayor generally.
The mayor shall preserve order and decorum and shall
decide questions of order subject to an appeal to the council.
The mayor may make motions, second motions, or speak on
any question; provided, however, that in order to do so, upon
demand of any one councilman, he shall vacate the chair
and designate a councilman to preside temporarily. The
mayor shall be entitled to vote like other members of the
council. (Ord. No. 1, Rule 5, 3-26-51)
See. 2-35. Voting generally.
When a question is put by the chair, every member present
shall vote unless for special reasons the council shall excuse him;
but if interested, he shall not vote. In doubtful cases the chair
may direct, or any member may demand that a division be taken.
The yeas and nays shall be called upon a requisition by the chair
or any member, in which case the names of the members voting
are required to be recorded in the minutes. (Ord. No. 1, Rule 13,
3-26-51) ~
Sec. 2-36. Minutes.
Minutes of the meeting shall be kept by the clerk-administrator.
They shall be signed by the clerk-administrator and shall consti-
tute an official record of the council proceedings. Upon approval
of the minutes at a subsequent meeting of the council, the mayor
shall sign the minutes.
Supp. No. 18 63
I
§ 2-36 ARDEN HILLS CODE
Lack of such mayor's signature or council approval shall
not invalidate such minutes as official records. (Ord. No. 1,
Rule 33, 3-26-51)
Sec. 2-37. Advisory committees.
Advisory committees may be eatablished by the council as
may be needed from time to time for the efficient operation
and administration of the affairs of the city. In the event
such committees are established, the members thereof shall
be appointed by the mayor with the approval of the council.
(Ord. No. 1, Rule 16, 3-26-51)
Secs. 2-38-2-43. R,eserved.
DIVISION 3. LEGISLATION*
Secs. 2-44-2-46. Reserved.
Editor's note-Ord. No. 264, adopted Sept. 11, 1989, repealed former sections
2-44-246, which pertained to various procedures for the reading of ordinances
and originated from Ord. No. 1, Rules 18-20, respectively, adopted Mar. 26, 1951.
'3tate law reference-Enactment of ordinancee, M.S.A. § 412.191(4).
Supp. No. 18 64
ADMINISTRATION § 2-55
Sec. 2-47. Esecution of ordinance; ordinance book.
After an ordinance shall have passed, a complete and
I accurate copy as amended shall be made by the clerk-ad-
ministrator and shall be signed by the mayor or in his
absence by the acting mayor, and deposited with the
clerk-administrator, who shall attest, seal, number, file, and
record or place the same permanently in the ordinance
book. Entry of the complete ordinance as amended directly
into the ordinance book and original signatures and seal
thereon shall be in compliance with this section. The
affidavit of publication shall be permanently inserted in the
ordinance book after each ordinance. (Ord. No. 1, Rule 21,
3-26-51)
Secs. 2-48-2-53. R,eserved.
DIVISION 4. AMENDMENTS TO CODE
Sec. 2-54. Effect.
Any and all additions and amendments to thia Code,
when passed in such form as to indicate the intention of the
city council to make the same a part hereof, shall be deemed
to be incorporated in this Code so that reference to the
"Code of Ordinances of the City of Arden Hills, Minnesota,"
ahall be understood and intended to include such additions
and amendments.
Sec. 2-56. Manner.
All ordinances pasaed subsequent to the adoption of this
Code which amend, repeal or in any way affect this Code
may be numbered in accordance with the numbering system
of this Code and printed for inclusion herein, or in the case
of repealed chapters, sections and subsectiona or any part
thereof, by subaequent ordinances, such repealed portiona
may be escluded from the Code by omission from reprinted
pages affected thereby, and the subaequent ordinances as
numbered and printed or omitted, in the case of repeal, ahall
I be prima facie evidence of such subsequent ordinances until
65
,
§ 2-55 ARDEN HILLS CODE
such time that this Code and subsequent ordinances
numbered or omitted are readopted as a new code of
ordinances by the city council.
Sec. 2-56. Language.
Amendments to any of the provisions of this Code may be
made by amending such provisiona by specific reference to
the section of this Code in substantially the following
language: "That section of the Code of Ordinances of the
City of Arden Hills, Minnesota, is hereby amended to read
as follows: The new provisions shall then be set out in
full as desired.
Sec. 2-57. New material.
(a) In the event a new section not heretofore existing in
the Code is to be added, the following language may be
' used: "That the Code of Ordinances of the City of Arden
Hills, Minnesota, is hereby amended by adding a section (or
article, chapter or other designation as the case may be), to
be numbered which reads as follows: The new
provisions shall then be set out in full as desired.
(b) In lieu of subsection (a) hereof, when the city council
desires to enact an ordinance of a general and permanent
nature embracing a subject not previously egisting in the
Code, which the council desires to incorporate into the Code,
a provision in substantially the following language may be
made part of such ordinance: "It is the intention of the city
council, and it is hereby ordained, that the provisiona o€ this
ordinance shall become and be made part of the Code of
Ordinances of the City of Arden Hills, Minnesota, and the
sections of this ordinance may be renumbered to accomplish
such intention."
Sec. 2-58. Repeal.
All sections, articles, chapters or other provisiona of this
Code desired to be repealed should be specifically repealed
by section number, article number, chapter or other number,
as the case may be.
66
~
f
ADMINISTftATION § 2-60
Sec. 2-59. Same-Subject to general penalty.
In case of the amendment by the city council of any
section of this Code for which a penalty is not provided, the
general penalty as provided in section 1-10 of this Code
shall apply to the section as amended; or in case such
amendment contains provisions for which a penalty, other
than the aforementioned general penalty is provided in
another section in the same chapter, the penalty so provided
in such other section shall be held to relate to the section so
amended, unless such penalty is specifically repealed
therein.
Sec. 2-60. Supplementation of Code.
(a) By contract or by city personnel, supplements to this
Code shall be prepared and printed whenever authorized or
directed by the city council. A supplement to the Code shall
include ali substantive permanent and general parts of
ordinances passed by the city council or adopted by
initiative and referendum during the period covered by the
supplement and all changes made thereby in the Code. The
pages of a supplement shall be so numbered that they will
fit properly into the Code and will, where necessary, replace
pages which have become obsolete or partially obsolete, and
the new pages shall be so prepared that, when they have
been inserted, the Code will be current through the date of
the adoption of the latest ordinance included in the
supplement. .
(b) In preparing a supplement to this Code, all portions of
the Code which have been repealed ahall be egcluded from
the Code by the omisaion thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier
(meaning the person, agency or organization authorized to
prepare the supplement) may make formal, nonsubstantive
changes in ordinances and parts of ordinances included in
the supplement, insofar as it is neceasary to do so to embody
them into a unified Code. For example, the codifier may:
(1) Organize the ordinance material into appropriate
subdivisions;
67
I
i
§ 2-60 ARDEN HILLS CODE
(2) Provide appropriate catchlines, headings and titles for
sections and other subdivisions of the Code printed in
the supplement, and make changes in such catch-
lines, headinga and titles;
(3) Assign appropriate numbers to sections and other
subdivisions to be inserted in the Code and, where
neceasary to accommodate new material, change
existing section or other subdivision numbera;
(4) Change the words "this ordinance" or words of the
same meaning to "this chapter," "this article," "this
division," etc., as the case may be, or to "sections
to "(inaerting section numbera to indicate the
sectiona of the Code which embody the substantive
sections of the ordinance incorporated into the Code);
and
(5) Make other nonsubatantive changes necessary to
preserve the original meaning of ordinsnce sections
inserted into the Code; but, in no case, ahall the
codifier make any change in the meaning or effect of
ordinance material included in the supplement or
already embodied in the Code.
Secs. 2-61-2-71. R,eserved.
ARTICLE III. BOAR.DS, COMMITTEES AND
COMMISSIONS*
DIVISION i. GENERALLY
Sec. 2-72. Quorum.
A majority of the members of the various boards,
committeea and commissions of the city at any meeting
thereof shall conatitute a quorum for the transaction of the
' busineas coming before such board, committee or commis-
sion.
'Cross reterencee-Civil defenee agency, § 7-23 et seq.; planning
commisaion, § 20-16.
68
~
ADMINISTftATION § 2-83
See. 2-73. Voting required.
Each member of the boards, committeea and commissions
of the city shall be required to vote on matters coming before
the same unless such member shall have a conflict of
interest concerning such matter.
Sec. 2-74. Minimum requirement for action.
Unless otherwise specifically provided, a majority of the
members of any board, committee or commission present
and voting at any meeting thereof shall be required for any
action or decision of such board, committee or commission.
Secs. 2-75-2-80. R,eserved.
DIVISION 2. HUMAN RIGHTS COMMISSION*
Sec. 2-81. Established.
There is hereby establiahed within the city a human
rights commission. (Ord. No. 105, § 2, 5-27-68)
Sec. 2-82. Purpose.
The purpose of the human righta commission is to secure
for all citizens equal opportunity in employment, housing,
public accommodations, public aervices and education and
full participation in the affairs of this community by
assisting the Minnesota Department of Human Rights in
implementing Chapter 363 of the Minneaota Statutes and by
advising the city council on long range programs to improve
community relations in the city. (Ord. No. 105, § 3, 5-27-68)
Sec. 2-83. Composition.
The human rights commiasion ahall consiat of ten (10)
regular members to be appointed by the mayor and with the
advice and consent of the council. Additional ad hoc
membera, requested by the chairman of the commission for
special projects, may also be appointed to serve thereon by
•3tate law reference-Department of human righta, M.S.A. Ch. 363.
69
§ 2-83 ARDEN HILLS CODE
the mayor with the advice and consent of the council. Both
regular and ad hoc members of the commission shall be
appointed with due regard to their fitness for the efficient
dispatch of the functions, powers and duties vested in and
imposed upon the commission. At least eight (8) of the
regular members of the commission shall be a minimum of
twenty-one (21) years of age. (Ord. No. 169, § 1, 2-12-73)
Sec. 2-84. Appointment, terms.
(a) Each adult member of the human rights commission,
after the original appointments, ahall be appointed for a
term of three (3) years. The regular members of the
commission who are less than twenty-one (21) years of age
shall be appointed for one year terms. Upon the egpiration
of his term of office, a regular member shall continue to
serve until his successor is appointed and shall have
qualified. To insure regularity in the composition of the
commission, the first year of any term of a regular member
shall be deemed to end at the egpiration of the calendar
year in which the appointment is made.
(b) Ad hoc membera shall be appointed for one year
terms, which shall be deemed to have egpired at the end of
the calendar year in which the appointment is made.
(c) At the first meeting of the council in each calendar
year, the mayor with the advice and consent of the council,
shall in addition to making the required appointments
designate one of the members of the commisaion to act as its
chairman for that calendar year. (Ord. No. 169, § 1, 2-12-73)
Sec. 2-86. Removal.
Any member of the human rights commission may be
removed from offce for cause by the mayor. (Ord. No. 169, §
1, 2-12-73)
Sec. 2-86. Filling of vacancies.
Any person appointed to fill a vacancy occurring in the
memberahip of the human rights commission prior to the
70
I
ADMINISTRATION § 2-88
expiration of the term for which his predecessor was
appointed shall be appointed only for the remainder of such
unegpired term. (Ord. No. 169, § 1, 2-12-73)
Sec. 2-87. Compensation.
Both regular members and ad hoc members of the human
rights commission shall serve without compensation. (Ord.
No. 169, § 1, 2-12-73)
Sec. 2-88. Duties and responsibilities.
In fulfillment of its purpose, the human righta commis-
sion's duties and responsibilities ahall be to:
(1) Adopt bylaws and rules for the conduct of its affairs
including the election of such officers other than
chairman as it deems necessary, assumption of dutiea
and definition of responsibilities of officers and
committees.
(2) Draft a memorandum of agreement with the Minneso-
ta Department of Human Rights for the purpose of
determining regulatory and enforcement procedures.
(3) Enlist the cooperation of agencies, organizations and
individuals in the community in an active program
directed to create equal opportunity and eliminate
discrimination and inequalities.
(4) Formulate a human relations program for the city to
give increased effectiveness and direction to the work
of all individuals and agencies addressing themselves
to planning, policy making and educational program-
ing in the area of civil and human righta.
(5) Advise the mayor, the city council and other agencies
of the government on human relations and civil rights
problems.
(6) Act in an advisory capacity with respect to planning
or operation of any city department on issues of civil
and human rights and recommend the adoption of
Supg. No. 20 71
~ 2-88 ARDEN HILLS CODE
such specific policies or actions as are needed to
provide for full equal opportunity in the community.
(7) Develop in cooperation with the Minnesota Depart-
ment of Human Rights such programs of formal and
informal education as will assist in the implementa-
tion of Chapter 363 of the Minnesota Statutes and
provide for the commission's assumption of leadership
in recognizing and resolving potential problem areas
in the community. (Ord. No. 105, § 5, 5-27-68)
Sec. 2•89. R,eserved.
ARTICLE IV. ELECTIONS
Sec. 2•90. Absentee ballot precinct-Established.
There is hereby established an absentee ballot precinct within
the city which will handle all absentee ballots of the electorate of
the city received during any election. (Ord. No. 269, 5-27-90)
I
I Sea 2-91. Same-Polling place.
The absentee ballot precinct shall be the precinct in which the
city hall of the city serves as the polling place for such precinct.
I (Ord. No. 269, 8-27-90)
Sec. 2•92. Same-Election board.
' The election board of the precinct for which the city hall serves
' as the polling place shall be the election board of the absentee
ballot precinct. (Ord. No. 269, 8-27-90)
~ Sec. 2-93. Same-Duties.
' Unless otherwise provided in the State of Minnesota election
laws, the absentee ballot precinct shall:
(1) Receive all absentee ballots of the electorate of the city for
any election.
(2) Check the registration of each absentee ballot.
Supp. No. 20 72
I
ADMINISTRATION § 2-93
I
(3) Determine the precinct of each absentee ballot voter and
report the results of such election to each precinct with
such results to be tabulated with that precinct.
(4) Prepare a Iist for submission to each precinct within the
city prior to the close of the election day for precinct offi-
' cials to check against the voter registration file to ascer-
tain if any absentee ballot voter voted by person.
~ (5) Reject any absentee ballots of persons who had voted at a
precinct making a notation on the envelope of the absentee
ballot as to the reason for rejection.
(6) Count the absentee ballots after the polls have closed by
opening them and tabulating the vote of each absentee
ballot voter in a manner which will indicate each vote of
the absentee voter and designate that the vote was re-
ceived by absentee ballot.
' (Ord. No. 269, 8-27-90)
I
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Supp. No. 21 73 [The next page is 931
I
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Chapter 2.5 ~
ALARM SYSTEMS*
Sec. 2.5-1. Title.
This chapter shall be known, cited, and referred to as "The
Alarm Ordinance" except as herein referred to as "this chapter."
(Ord. No. 240, § 1, 7-14-86)
Sec. 2.5-2. Statement of scope and purpose.
(a) Scope. This chapter provides regulation for the use of fire,
burglary, and safety alarms, establishes users' fees, and estab-
lishes a system of administration.
(b) Purpose. The purpose of this chapter is to protect the public
safety services of the city from misuse of public safety alarms and
to provide for the maximum possible service to public safety
alarm users. (Ord. No. 240, § 2, 7-14-86)
Sec. 2.5-3. Definitions.
(a) A larm system. An alarm installation designed to be used
for the prevention or detection of burglary, robbery or f"ire and
located in a building, structure or facility.
(b) Alarm user. The person, firm, partnership, association, corpo-
ration, company or organization of any kind in control of any
building, structure, or facility wherein an alarm system is
maintained.
(c) False alarm. An alarm signal eliciting a response by per-
sonnel of the public safety department when a situation requir-
ing a response does not, in fact, exist, and which is caused by the
activation of the alarm system through mechanical failure, pet
movement, alarm malfunction, improper installation or the in-
*Editor's note-Ord. No. 240, enacted July 14, 1986, did not specifically amend
the Code; therefore, inclusion of 1-11 herein as Ch. 2.5, 2.5-1-2.5-11, was
at the discretion of the editor. Section 12 of said ordinance, effective date provi-
sions, was omitted from codification.
Cross references-Civil defense, Ch. 7; fire protection and prevention, Ch. 9.
Supp. No. 13 93
§ 2.5-3 ARDEN HILLS CODE
advertence of the owner or lessee of an alarm system or of his/her
employees or agents. False alarms do not include alarms caused
by climatic conditions such as tornadoes, thunderstorms, utility
line mishaps, violent conditions of nature or any other conditions
which are clearly beyond the control of the alarm manufacturer,
installer or owner.
(d) Public safety department. The Ramsey County Sheriff's De-
partment. (Ord. No. 240, § 3, 7-14-86)
' Sec. 2.5-4. Reports of false alarms; notice to alarm user.
The public safety department shall file a written report of each
false alarm with the clerk-administrator. Upon receipt of the f"irst
false alarm report at an address, the clerk-administrator shall,
by certif"ied mail, notify the alarm user of the provisions of this
chapter. (Ord. No. 240, § 4, 7-14-86)
Sec. 2.5-5. User fees; notice.
An alarm user owning an alarm system which precipitates or
reports more than three (3) false alarms to the city in a single
, calendar year shall be charged a user fee of fifty dollars ($50.00)
per false alarm in excess of three (3) false alarms in a calendar
year, and one hundred fifty dollars ($150.00) per false alarm in
excess of fifteen (15) false alarms in a calendar year. Upon receipt
of a fourth and all subsequent false alarm reports as to an alarm
system, the clerk-administrator shall notify the alarm user by
certif'ied mail that the threshold number of false alarms has
occurred and that the applicable user fee specif"ied in the previous
sentence hereof has become due and owing. (Ord. No. 240, § 5,
7-14-86)
Sec. 2.5-6. Appeals process.
Any alarm user who is required by the city to pay a user fee as
the result of a false alarm may make a written appeal of the false
alarm charge to the city council within ten (10) days of the city's
mailing of the notice of false alarm which will have authority to
make a final determination as to whether the appellant is to be
charged with a false alarm. (Ord. No. 240, § 6, 7-14-86)
Supp. No. 13 94
i
ALARM SYSTEMS § 2.5-10
Sec. 2.5-7. Payment of fees.
(a) When anrl where due. Payment of user fees provided for
under sectioii 2.5-5 must be made to the city treasurer within
thirty (30) days of the date of notice by the city to the alarm user.
Failure to pay the fee within said thirty-day period will cause the
alarm user to be considered delinquent and subject to a penalty of
a full ten (10) per cent of the fee due.
(b) Delinquencies. All delinquent chargQS for user fees shall be
certified by the clerk-administrator to the Ramsey County De-
partment of P"xoperty Taxation for collection with taxes due against
the property on which the alarm systenn is installed. This certif"i-
cation process shall take place on a yearly basis on Qctober lOth
of each year or by such earlier date as is necessary tq have the
delinquent charges collectible with taxes due and payable against
the property in the next calendar year. (Ord. No. 240, § 7, 7-14-86)
Sea 2.5-8. Alaxm report.
When an alarm user has incurred f"ive (5) false alarms or more
within one calendar year, the alarm user shall submit a written
report to the clerk-administrator within ten (10) days after being
charged with the f'ifth false alarm, describing actions taken or to
be taken to discover and eliminate the cause of the false alarms.
Failure to subznit the written report required by this section will
be considered a violation of this chapter. (Ord. No. 240, § 8,
7-14-86)
Sec. 2.5-9. Administrative rules.
The clerk-administrator may promulgate such rules as may be
necessary for the implementation of this chapter and the admin-
istration thereo€. (Ord. No. 240, § 9, 7-14-86)
Sec. 2.5-10. Confidentiality.
(a) All information submitted in compliance with this chapter
shall be held in confidence and shall be deemed a confidential
record exempt from discovery to the extent permitted by law.
(b) Subject to requirements of confideritiality, the clerk-
administrator may develop and maintain statistics for the pur-
~ Supp. No. 13 95
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§ 2.5-10 ARDEN HILLS CODE
pose of on-going alarm systems evaluation. (Ord. No. 240, § 10,
7-14-86)
Sec. 2.5-11. Enforcement and penalties.
Failure or omission to comply with any section of this chapter
shall be deemed a misdemeanor and may be so prosecuted, sub-
ject to the penalties hereinafter provided. Upon conviction, a
violation of this chapter shall be punishable by a f"ine of not more
than five hundred dollars ($500.00), imprisonment for a period
not to exceed ninety (90) days, or both. (Ord. No. 240, § 11,
7-14-86)
Supp. No. 13 96 [The next page is 1231
I
1
Chapter 3
ALCOHOLIC BEVEftAGES*
Art. I. In General, 3-1-3-16
Art. II. Intoxicating Liquore, 3-16-3-70
Div. 1. Generally, 3-16-3-36
Div. 2. Licenae, 3-37-3-70
Art. III. Malt Beverages, 3-71-3-103
Div. 1. Generally, 3-71-3-86
Div. 2. License, 3-87-3-103
AR.TICLE I. IN GENERAL
Sec. 3-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to
them:
Beer or nonintoxicating malt liquor: Any malt beverage
with an alcoholic content of more than one-half of one per
cent by volume and not more than three and two-tenths (3.2)
per cent by weight.
Beer store: An establishment for the sale of beer, cigars,
cigarettes, all forms of tobacco, beverages and soft drinks at
retail.
Bona fide club: With respect to the sale of beer, a club
organized for social or business purposes or for intellectual
improvement or for the promotion of sports, where the
serving of beer is incidental to and not the major purpose of
the club.
Club: With respect to the sale of intoxicating liquor,
reference is made to Section 340.07, Subdivision 15 of
Minnesota Statutea Annotated, for the statutory require-
ments imposed therein, which shall govern for the purposes
of this chapter. Said atatute is hereby incorporated herein by
reference.
•Cross reference-Licenaes, Ch. 13.
Supp. No. 1
123
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§ 3-1 ARDEN HILLS CODE
Drugstore: Any establishment where drugs are kept, compounded, and sold if it is at all times in charge of a
registered pharmacist or of a registered assistant pharma-
cist during the temporary absence of the registered
pharmacist.
Exclusiue liquor store: An establishment used exclusively
for the sale of intoxicating liquor, cigars, cigarettes, all
forms of tobacco, nonintoxicating malt beverages, and soft
drinks at retail, either on sale or off sale or both. It shall be
under control of an individual owner or manager.
Hotel: An establishment where food and lodging are
regularly furnished to transients for a price. For specific
requirements with respect to a hotel, reference is made to the
statutory requirements imposed thereon by Section 340.07,
Subdivision 12 of Minnesota Statutes Annotated, which
provisions are incorporated herein by reference.
Intoxicating liquor or liquor: Distilled, fermented spiritu-
ous, vinous and malt beverages containing in excess of three
and two-tenths (3.2) per cent of alcohol by weight. The term
does not include ethyl alcohol or neutral spirits or substitutes
therefor possessing the taste, aroma, and characteristics
generally attributed to ethyl alcohol or neutral spirits.
Off sale: The retail sale of beer or liquor in the original
package for consumption away from the premises where
sold.
On sale: The sale of beer or liquor for consumption on the
" premises only.
Original package or package: Any corked or sealed
container in which the beer or liquox is placed by the
' manufacturer or distiller.
Restaurant: An establishment in which the major
business is preparing and serving meals to the public to be
consumed on the premises. With respect to any restaurant
selling intoxicating liquor in addition to food, reference is
made to the statutory requirements imposed thereon by
Supp. No. 1 124
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ALCOHOLIC BEVERAGES 13-16
0 Section 340.07, Subdivision 14 of Minnesota Stpttutes
Annotated, as amended, which provisions are incorporated
herein by reference.
Sale and sell: In addition to the accepted meanings, all
bartera, gifts and other means of furnishing beer or liquor in
violation or evasion of this chapter. (Ord. No. 30, § 1,
i 12-9-57; Ord. No. 92, § 1, 11-15-65; Ord. No. 200, § 1,
2-13-78)
State law reference-Definitions, M.S.A: ;f 340.001, 340.07.
3ec. 3-2. Inducement ot rainor.
No person shall induce a minor to purchase or procure
intoaicating liquor or beer. (Ord. No. 30, § 12(3), 12-9-57;
Ord. No. 92, § 11(2), 11-15-65)
Cross reference-Minon generaliy, § 17-16 et seq.
Sec. S-S. Clubs.
No club shall sell liquor or beer except to membera of the
club or gueats in the company of inembers. (Ord. No. 30, §
11, 12-9-57; Ord. No. 92, § 10, 21-15-65)
Secs. 3-4-3-16. Iteserved.
ARTICLE II. INTOXICATING LIQUOItB*
DIVISION 1. GENERALLY
Sec. 3-16. Hours of Sale.
The hours of sale for licensed intoxicating liquor establish-
ments are restricted as follows:
(1) On-sale hours. No sale of intoxicating liquor may be made
by an on-sale licensee:
~ a. Between 1:00 a.m. and 8:00 a.m. on Monday through
Saturday.
b. After 1:00 a.m. on Sunday unless the licensee has also
been issued a Sunday on-sale liquor license.
'$tate law reterenee-Intoxicating liquor*. M.S.A. Ch. 340.
Supp. No. 19 125
I -
§ 3-16 ARDEN HILLS CODE
c. Between 8:00 p.m. on December 24 and 8:00 a.m. on
December 25 unless December 24 is a Sunday and the
licensee has also been issued a Sunday on-sale liquor
license.
(2) Sunday sale hours. A licensee which has been issued a
Sunday on-sale liquor license may sell intoxicating liquor
for consumption pn the premises in conjunction with the
sale of food between 10:00 a.m. on Sunday and 1:00 a.m. on
Monday.
(3) Off-sale hours. No sale of intoxicating liquor may be made
by an off-sale licensee:
a. On Sundays.
b. Before 8:00 a.m. or after 8:00 p.m. on Monday through
Thursday.
c. Before 8:00 a.m. or after 10:00 p.m. on Friday and
Saturday.
d. On Thanksgiving Day.
e. On Christmas Day, December 25.
£ After 8:00 p.m. on Christmas Eve, December 24.
(Ord. No. 149, § 2, 10-25-71; Ord. No. 203, § 1, 9-11-78; Ord. No.
220, § 1, 8-31-81; Ord. No. 234, § 1,10-15-84; Ord. No. 266, 3-26-90)
SLate law reterence-3imiLr provisions, M.$.& if 340.0.94, 340.14(1).
Sec. 3-17. Hours of consumption.
No person, including the licensee and his agents and
employees, ahall consume intozicating liquor on the licensed
premises after the hour of 1:15 a.m. (Ord. No. 178, f 4.
5-13-74)
Sec. 8-18. Hours ot operation.
No person, other than the liceneee and his agents and
employees, ahall remain on the licensed premises after the
hour of 1:15 a.m.; provided, however, that with respect to
any "on-sale" licensee, no intozicating liquor shall be
displayed by such licensee after 1:00 a.m., the hour after
which the sale of intozicating liquor is prohibited by this
Supp. No. 19 126
ALCOHOLIC BEVERAGES § 3-23
grticle and by Section 340.14, Subdivision 1 of Minnesota
Statutea Annotated. (Ord. No. 178, j 3, 5-13-74)
Sec. 5-19. Display during prohibited hours.
No on-sale establishment shall display liquor to the public
during hours when the sale of liquor is prohibited.
Sec. 3-20. Sale to certain persons after notice.
No person shall sell intoxicating liquor to any spendthrift or
improvident person after written notice not to do so has been
served on him by a parent, husband, wife, adult, child, or guardian
of such person or by the chief of police or any councilman of the
city. The prohibition of this section shall extend for one (1) year
from the date of the service of the notice. When notice is served by
an authorized person not a city official, a copy of the notice shall
also be served upon the clerk-administrator, but the prohibition
of this section shall be effective without such additional service.
(Ord. No. 92, § 8(13), 11-15-65)
State law reference-Similar provisions, M.S.A. § 340.73(2).
Sec. 3-21. Consumption on premises not licensed.
No person shall mix or prepare liquor for consumption in any
public place of business not licensed to sell liquor "on sale," and
no person shall consume liquor in any such place. (Ord. No. 92, §
11(4), 11-15-65)
Secs. 3-22, 3-22.1. Reserved.
Editor's note-Section 8 of Ord. No. 214, enacted April 27, 1981,
repealed 3-22 and 3 22.1 which pertained, respectively, to the
consumption, sale, possession, etc., of alcohol in public places or vehicles
generally, and specifically in parks. Said provisions derived, respectively,
from Ord. No. 92, § 11(5), enacted Nov. 15, 1965, and Ord. No. 193, § 1,
enacted June 1, 1976.
Sec. 3=23. Delivery to minors, drunkards.
No intoxicating liquor ahall be sold, furnished or delivered
for any purpose to any person who is a minor or to a
habitual drunkard or to any person obviously intoxicated or
Supp. No. 19 127
§ 3-23 AR,DEN HILLS CODE
to any of the persona to whom sale is prohibited by state .
law. (Ord. No. 178, § 1, 5-13-74)
State law reference-Similar provisiona, M.S.A. 340.73, 340.78.
Sec. 3-24. Employment of minors.
, No minor shall be employed in any rooms constituting the
place in which intoxicating liquors are sold at retail
"on-sale," except that minors may be employed as
musicians or to perform the duties of busboy or dishwashing
services in places defined either in this article or in Section
340.07 of Minnesota Statutes Annotated, as the case may
be, as a"restaurant," "hotel" or "motel" serving food in
rooms in which intoxicating liquors are sold at retail
"on-sale." (Ord. No. 178, § 2, 5-13-74)
State law reference-Similar provisiona, M.S.A. § 340.14(2).
Sec. 3-25. Procuring for minor.
No person shall give to, procure, or purchase liquor for
any minor or other person to whom the sale of intoxicating
liquor is forbidden by law. (Ord. No. 92, § 11(3), 11-15-65)
State law reference-Similar provisions, M.S.A. § 340.79.
Sec. 3-26. Misrepresentation of age.
No minor shall misrepresent his age for the purpose of
obtaining liquor or three and two-tenths (3.2) beer nor shall
he enter any premises licensed under this article in order to
procure such beverages, or to consume or purchase or
attempt to purchase, or have another purchase for him, such
beverages on licensed premises. (Ord. No. 92, § 11(1),
11-15-65)
State law reference-Similar provisiona, M.S.A. § 340.731(3).
Sec. 3-27. Gambling, disorderly house.
No licensee under this article shall keep, posaess, or
operate or permit the keeping, possession, or operation of, on
the licensed premises, ar in any room adjoining the licensed
premises, any slot machine, dice, or any gambling device or
Supp. No. 19
128
i
ALCOHOLIC BEVERAGES § 3-36
apparatus, nor permit any gambling therein, nor permit the
licensed premises or any room in the same, or in any
adjoining building, directly or indirectly under its control, to
be used as a resort for prostitutes or other disorderly
persons. (Ord. No. 92, § 8(8), 11-15-65)
State law refereace-Similar provisions, M.S.A. § 340.14(2).
Sec. 3-28. Ownership of equipment, fiatures.
No equipment or fixture in any licensed place where
intoxicating liquor is sold shall be owned in whole or in part
by any manufacturer or distiller of intoxicating liquor. (Ord.
No. 92, § 8(9), 11-15-65)
Sec. 3-29. Befilling, tampering with package.
No licensee shall sell, offer for sale, or keep for sale,
intoxicating liquors in any original package which has been
refilled or partly refilled. No licenaee shall directly or
through any other peraon dilute or in any manner tamper
with the contents of any original package so as to change
its composition or alcoholic content while in the original
package. Possession on the licensed premises by any
licensee of any intoxicating liquor in the original package
differing in composition or alcoholic content from the liquor
when received from the manufacturer or wholesaler from .
whom it was purchased ahall be prima facie evidence that
the contents of the original package have been diluted,
changed, or tampered with. (Ord. No. 92, § 8(11), 11-15-65)
3tate law reference-Similar provisions, M.S.A. § 340.142.
Sec. 3-30. Ethyl alcohol, neutral spirits prohibited.
No licensee under this article ahall keep ethyl alcohol or
neutral spirits on the premises or permit their use on the
premises either alone or mixed with any other beverage.
(Ord. No. 92, § 8(14), 11-15-65)
3tate law reference-Poisonous liquora, M.S.A. § 340.71.
Secs. 3-31-3-36. R.eserved.
3upp. No. 1
129
§ 3-37 ARDEN HILLS CODE
DIVISION 2. LICENSE*
Sec. 3-37. License required; types.
(a) No person, except wholesalers or manufacturera to the
extent authorized under state license, shall directly or
indirectly deal in, sell or keep for sale any intoxicating
liquor without first having received a license to do so as
provided in this division.
(b) Licenses shall be of four (4) kinds: "On-sale," "on-sale
wine," "off-sale," and "club" licensea. (Ord. No. 92, § 2(1),
11-15-65; Ord. No. 200, § 2, 2-13-78)
Sec. 3-38. Classification.
(a) "On-sale" licenses shall be issued only to hotels, clubs,
restaurants, and exclusive liquor stores and shall permit on-
sales of liquor only.
The council may, in ita discretion, grant on-sale licenaes
to the maximum number permitted by the lawa of the state.
(b) "Off-sale" licenses shall be isaued only to drugstorea
and exclusive liquor stores and shall permit off-sales of
liquor only.
I~ (c) «On-sale wine» licenses shall be isaued only to
restaurants meeting the qualifications of Section 340.11,
Subdivision 20 of Minnesota Statutes Annotated, as
amended, and shall permit only the sale of wine not
~ exceeding fourteen (14) per cent alcohol by volume, for
~ consumption o the licensed premises only in conjunction
i with the sale of food; provided, however, that in no event
f shall such "on-sale wine" licenses be issued to "fast-food
! restauranta" as that term is defined in Section VI,
Subdivision 6 of Ordinance No. 99, as amended by
' Ordinance No. 188. All references in thia chapter to
"on-sale" licenses or sales shall be deemed to include
"on-sale wine" licenses or salea unless the context in which
the term is used clearly requirea a different interpretation.
•Cross reference-Licenee feea, 13-29, 13-30.
Supp. No. 1 130
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ALCUHOLIC BEVERAGES § 3-39
(d) Special club licenses ahall be isaued only to incorpo-
rated clubs which have been in existence for fifteen (15)
years or more or to congreasionally chartered veterans'
organizations which have been in existence for ten (10)
years.
(e) "Sunday on-sale" licenses shall be issued only to on-sale li-
qgnsees which have facilities for serving at least thirty (30) guests at
any one time, which are in compliance with the requirements of the
Minnesota Clean Indoor Air Act, and which shall serve intoxicating
liquors only in conjunction with the service of food. A"Sunday
on-sale" license shall not be needed for on-sales made by on-sale
wine licensees. (Ord. No. 92, § 2(2-4), 11-15-65; Ord. No. 101, §
1(a), 7-31-67; Ord. No. 200, 3, 4, 2-13-78; Ord. No. 220, § 2,
8-31-81)
Sec. 3-39. Peraons ineligible for licenge.
No license shall be issued or transferred to, held by, or
renewed for any peraon:
I (a) Who' is barred from holding a license under the
provisions of Section 340.13, Subdivisions 4 and 12 of
Minnesota Statutes Annotated, which are hereby
incorporated by reference herein.
I (b) . Who is a manufacturer or wholesaler of intoxicating
liquors, but this restriction ahall not prevent the
issuance of a license for leased premises where a
I manufacturer or wholesaler was a bona fide owner of
the premises prior to November first, 1933.
~ (c)Who is directly or indirectly interested in any other
establiahment in the municipality to which a license
of the same .class has been issued under this division.
(d) Who is prohibited from holding a license under any
. law of the state. (Ord. No. 92, § 6, 11-15-65)
(e) To whom, in the estimation of the city council, based
upon the resulta of the investigation required by
Section 340.13, Subdivision 14 of Minnesota Statutes
Annotated, such iasuance, tranafer or renewal would
not be in the public intereat.
$tate law reterence-Persone eligible for licenee, M.S.A. 340.2(8),
340,13. ^
3upp. No.14 131
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§ 3-40 ARDEN HILLS CODE
3ec. 3-40. Federal atampe.
No licenaee shall poasess a federal wholesale liquor
dealer's special tax stamp or a federal gambling atamp.
Sec. 3-41. Places ineligible for licenee.
(a) No license shall be issued to a drugstore until it hae
been operated continuously for two (2) years prior to the
application.
(b) No license shall be granted for operation on any
' premises on which taxes, assessments or other financial
claims of the city are delinquent and unpaid.
(c) No initial license, as contrasted to a renewal license, shall
be granted for any location within five hundred (500) feet of any
school or any church existing on the effective date of this ordi-
nance (November 15, 1965). In the event that a renewal license is
' sought for a location which was not objectionable under this
provision at the time the initial license for said location was
issued, the renewal license shall not be refused because of con-
I struction of schools or churches within five hundred (500) feet of
such location after the initial license was issued.
(d) No license shall be issued for any premises owned by s
, person to whom no licenae could be issued under the
provisions of state law.
(e) No off sale license shall be issued for any place where
nonintoxicating malt beverages are sold on sale, except as
permitted under the provisions of Section 340.13, Subdivision
3.
(f) No license shall be granted for any place, except an exclu-
sive liquor store, for which a license of another class has been
granted under this division. (Ord. No. 92, § 7, 11-15-65; Ord. No.
245, § 1, 11-11-86)
3tate law reference-Where ealea forbidden, M.S.A. § 340.14(3).
Sec. 3-42. Application-Generally.
Every application for the issuance, transfer or renewal of
a license to sell liquor ahall be verified and filed with the
Supp. No.14 132
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ALCOHOLIC BEVERAGES § 3-42
clerk-adminiatrator. It shall state the name of the appli-
cant, his age, representationa as to his character, with such
references as may be required, his citizenship, whether the
I
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,
Supp. No. 1 132.1 i
'
ALCOHOLIC BEVERAGES § 3-43.1
application is for on sale or off sale, the business in
connection with which the proposed licensee will operate
and its location, whether applicant is owner and operator of
the business, how long he has been in that business at that
place, the information required under section 3-43, and such
other information as the council may require from time to
time. In addition to containing such information, each
application for license shall be in the form prescribed by the
liquor control commissioner and the bureau of criminal
apprehension. No person shall make a false statement in an
application. Applications for an on sale or off sale license on
behatf of a corporation shall include, in addition to the
. foregoing, information as to the names, addresses, and
occupations of the stockholders and officers of the corpora-
tion. (Ord. No. 92, § 3(1), 11-15-65)
Sec. 3-43. Same-Area information required.
Each application for an on sale liquor license shall include
information, on forms to be provided by the city, setting
forth the area in the establishment which is proposed to be
utilized for the purpose of sale or consumption of liquor. The
information provided as to such area shall be verified by the
city clerk-administrator and report thereon promptly
submitted to the council with the application. (Ord. No. 92, §
4(2), 11-15-65)
Sec. 3-43.1. Same-Investigation.
Upon initial application for an on sale license or upon
application for transfer thereof, the police chief shall
i
conduct a preliminay background and financial investiga-
tion of the applicant. If the council deems it to be in the
public interest, it may requeat: '
(1) The police chief or the bureau of criminal apprehen-
sion, through contract therewith, to conduct a more
comprehensive investigation of such initial or transfer
applicant; or
Supp. No. 3
133
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§ 3-43.1 AftDEN HILLS CODE
(2) In the case of a renewal applicant, the police chief to
' conduct a preliminary background and financial
investigation of such renewal applicant.
State lsw reference-Investigation of on-sale license applicanta,
M.S.A. § 340.13, Subd. 14.
Sec. 3-44. Determination of fees.
The council has determined that the licenaing of "on sale"
liquor establishments within the city imposes substantial
additional responsibilities and burdens, both immediate and
potential, on the city with respect to conducting background
and financial investigations of the applicant, policing and
supervising of such establishments and the traffic that
comes into the city for the purpose of patronizing such
establishments. The council has further considered that the
operation of such establishments may well become a
nuisance, and the license fees therefor should be set with
this factor in mind, as well as the factora of adminiatrative
expense and items of city expense such as police investiga-
tion, supervision, fire protection, road maintenance and the
' like. The council has further determined that there ia a
definite relationship between the burdens, responsibilities
and risks of the city with respect to such on sale liquor
establishments and the area in such establishments which
is utilized for the sale and consumption of liquor. (Ord. No.
92, § 4(1), 11-15-65) `
Sec. 3-45. Fees required.
Before any license shall be issued under the provisions of
this division, the applicant therefor shall pay the license
fee(s) and the investigation fee required by the council in a
resolution from time to time adopted thereby. (Ord. No. 92, §
4(3, 4), 11-15-65; Ord. No. 101, § 1(b), 7-31-67; Ord. No. 217,
§ l, 12-29-80)
Sec. 3-46. Payment and disposition of fees. '
(a) All applications for off sale licenses or special club
licenses shall be accompanied by certified check or money
order to the city treasurer for payment in full of such fees.
Supp. No. 3
134
L
omft ~
ALCOHOLIC BEVERAGES § 3-47
(b) All fees shall be paid into the general fund of the city.
Upon rejection of any application for a license the treasurer
shall refund the amount paid with the application.
(c) With reference to on sale liquor license fees, one-fourth
of the license fee as determined and fixed by the council
shall be paid before the issuance of the license; one-fourth
of the fee shall be paid on or before April first of the year
which is the subject of the license, one-fourth of the fee by
July first of such year, and the remaining one-fourth of the
fee shall be paid by October first of the year which ia the
subject of the license. (Ord. No. 92, § 4(5), 11-15-65)
Sec. 3-47. ftefund of fees.
(a) Except as provided herein, no part of the fee paid for
any license issued under this division shall be refunded, nor
shall any portion of the fee determined to be due for a
license issued under this ordinance be cancelled. Applica-
tions for refund of.liquor license fees may be considered by
the council when the operation of the licenaed business has
ceased for any of the following reasons, to wit:
(1) Destruction of the licenaed premises by fire or damage
by fire to such an extent that the licensee ceases to
carry on the licensed busiziess, or destruction or
damage to said extent by any other catastrophe or
cause;
(2) Discontinuance of the business of the licenaee by
reason of death or illness of the licensee;
(3) A change in the liquor status of the municipality
which makes it unlawful for the licensed business to
continue.
(b) In the event of application for refund for any of the
foregoing reasona, which application shall be made within
thirty (30) days after the happening of any such event, the
council may, at its diacretion, refund a pro rata portion of
such license. (Ord. No. 92, § 4(7), 11-15-65)
State law reference-ftefund of fees, M.S.A. § 340.112.
135
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ARDEN HILLS CODE
C. 48. Surety bond, other security.
m
tA ~ surety bond, liability insurance policy, or in lieu
~ cash or United States Government Bonds of
0 or it market value shall accompany each application
on ~ nse required by the provisions of this division, the
A
.d ~coverable to be measured by the actual damages;
0 o however, that in no case shall such surety be
iny amount in exceas of the penal amount of the
m °o 4icy.
~ o
xch bonds or policies shall be for the benefit of
~ and all persons suffering daxnages by reason of
)f the conditions of the bond. In the event of the
r4 ~ ' any such bond or policy for violation of law, the
~Ln )rfeit the penal sum of the bond or policy or any
N ~ 3 the city.
U0) o d~ curity offered under paragraph (a) shall be
a w`''' '4 91 the city council and in the case of applicants
U o ~enses by the state liquor control commission-
d~ p° 0 ~4 nds and liability insurance policies shall be
~ y a oo 3 form by the city attorney. The operation of
~Ul°o )r on sale liquor business without having on
3~,~ es with the municipality an effective bond,
p40-' n4 y, or other security as required in paragraph
, ~o ~ c0 )unds for immediate revocation of the license.
a ~ nds or other security shall be in the sum of
~~:3 ~ o ollars ($5,000.00) for an applicant for an on
d~°p-*' three thousand dollars ($3,000.00) for an off
~ ~ '4 0 ~ 1 such bonds or other security shall be
M+ y v Alowa:
~ ~ d licensee will obeY the law related to such -
~
~ ~ N y
2 sinesa;
O V
0 censee will pay to the municipality when
o y license fees, penalties, and other chargea
S v- law;
0
ce:3~~, event of any violation of the provisions of
W A~ ing to the retail off sale and on sale of
quor, such bond, policy, or other security
~ ted to the city.
~ 136
~
~ ~
M
ALCOHOLIC BEVERAGES § 3-51
(4) That the licensee will pay to the extent of the
principal amount of such bond, policy, or security, any
damages for death or injury caused by or resulting
from the violation of any provision of law relating
thereto, and in such cases recovery under this
paragraph (4) may be had from the surety on the bond
or the policy. The amount specified in such bond or
policy is declared to be a penalty. (Ord. No. 92, § 3(3),
11-15-65)
Sec. 3-48. Granting of licenses.
The city council may make, or cause to be made, such
investigation as it deems appropriate of the claims set forth
in the application. The council may also, if it deems it
advisable, hold a public hearing relative to the issuance or
refusal of any license under the provisions of this division.
The granting of on sale and off sale liquor licenses shall be
discretionary with the council. No off sale liquor license
shall become effective until it, together with the bond
furnished by the applicant, has been approved by the liquor
control commissioner. (Ord. No. 92, § 5(1), 11-15-65)
Sec. 3-50. Subject to law.
Every license issued under the provisions of this division
shall be granted subject to the provisions of this article and
of any other applicable provision of this Code or ordinance
of the city or state law. (Ord. No. 92, § 8(1), 11-15-65)
Sec. 3-51. Information to state.
The clerk-administrator shall, within ten (10) days after
the issuance of any "on, sale" license under this division,
submit to the liquor control commissioner the full name and
address of each person granted a license, the trade name, the
effective license date, and the date of egpiration of the
license. He shall also submit to the liquor control
commissioner any change of address, transfer, cancellation
or revocation of any "on sale" or "off sale" license by the
council during the license period. (Ord. No. 92, § 5(3),
11-15-65)
137
1
§ 3-52 ARDEN HILLS CODE
Sec. 3-52. ftesponsibility of licensee.
Every licensee under the provisions of this division shall
be responsible for the conduct of his place of business and
the conditions of sobriety and order in it. The act of any
employee on the licensed premises authorized to sell or serve
intoxicating liquors shall be deemed to be the act of the
licensee as well and the licensee shall be liable for all
penalties provided by this article equally with the employee.
(Ord. No. 92, § 8(3), 11-15-65)
Sec. 3-53. Liquor in unlicensed places.
No person shall mix or prepare liquor for consumption in
any public place or place of business unless it has a license
to sell liquor "on-sale" or a permit from the liquor control
director under Minnesota Statutes, Section 340.119 and no
person shall consume liquor in any such place. (Ord. No. 92,
§ 8(4), 11-15-65)
Sec. 3-54. Duration.
All licenses issued under the provisions of this division
shall expire on the last day of December of each year. Each
license shall be issued for a period of one year, but if a
portion of the license year has elapsed when the application
is made a license may be issued for the remainder of the
year for a pro rata fee. In computing sucli fee any egpired
fraction of a month shall be counted as one month. (Ord.
No. 92, § 4(6), 11-15-65)
Sec. 3-55, ftenewals.
Applications for renewal of an egisting license issued
under the provisions of this division ahall be filed with the
city clerk-administrator on or before November first of the
year preceding the year which is the subject of the license.
(Ord. No. 92, § 4(6), 11-15-65)
Sec. 3-56. Transfer.
(a) Each license shall be issued to the applicant only.
Each license ahall be issued only for the premises described
138
I
~
I
I
~ ALCOHOLIC BEVEAAGES § 3-57
in the application. No license may be transferred to another
person or to another place without the approval of the city
council. Application for transfer ahall be made in writing to
the city clerk-administrator and ahall be accompanied by
certified check or money order in the amount of one hundred
dollars ($100.00) payable to the city treasurer, which amount
is figed as the transfer fee. The council shall make or cause
to be made such inveatigation as it deems appropriate
regarding the transferee or the proposed location. This
provision ahall also apply in the event of application by a
corporate licensee for transfer of stock in the corporation,
provided that no transfer fee ahall be charged if the tranafer
is the first within the period of the license or the stock
sought to be tranaferred doea not constitute fifty (50) per
cent or more of the outatanding common stock of the
corporation.
'(b) The transfer of stock in any corporation holding an on
sale or off sale liquor license in this city shall be deemed a
transfer within the meaning of this division, and no such
transfer of stock shall be made without the consent of the
council. It ia hereby made the duty of the officers of any
corporation holding such a license to notify the council of
any proposed sale or transfer of any stock in such
corporation. The transfer of any such stock without the
knowledge and consent of the council shall be deemed
sufficient cause for revocation by the council of any license
granted to such corporation under the authority of this
division. In addition the corporate officers shall also notify
the council whenever any change is made in the officers of
any such corporation, and failure to so notify the council
shall likewise be sufficient cause for revocation of any liquor
license granted to such corporation. (Ord. No. 92, 3(1),
5(2), 11-15-65)
3tate law reference--Transfer, M.S.A. § 340.13(9).
Sec. 3-57. Right of entry for inspection.
Any peace officer, health officer, or any other properly dea-
ignated officer or employee of the city or any official of the
bureau of criminal apprehension shall have the unqualified
Supp. No. a 139
I
§ 3-57 ARDEN HILL3 CODE
right, to enter, inspect, and search the premises of the
licensee during business hours without a warrant. (Ord. No.
92, § 8(10), 11-15-65)
Sec. 3-58. Display.
The license issued under the provisions of this division
shall be poated in a conapicuoua place on the licenaed
premises at all timea. (Ord. No. 92, § 8(2), 11-15-65)
State law reference-Similar provisiona, M.S.A. § 340.13(10).
Sec. 3-58. 3uspension and revocation.
The council may either suapend for not to esceed sixty
(60) days or revoke any liquor licenae upon a finding that
the licensee has failed to comply with any applicable
statute, regulation, or ordinance relating to intogicating
liquor. No suapension or revocation shall take effect until
the licensee has been afforded an opportunity for a hearing
pursuant to Minnesota Statutea, Sectiona 15.0418 to 15.0426.
~ (Ord. No. 92, § 12, 11-15-65)
State law reference-Revocation, M.S.A. § § 340.135, 340.19, 340.404.
Secs. 3-60--3-70. Beserved.
I
ARTICLE III. MALT BEVEBAGES'`
DIVISION 1. GENERALLY
~ Sec. 3-71. Closing hours.
No sale of beer shall be made on any Sunday between the hours
of 1:00 a.m. and 12:00 noon, and no sale thereof shall be made
between the hours of 1:00 a.m. and 8:00 a.m. on any other day.
(Ord. No. 30, §,9, 12-9-57; Ord. No. 234, § 2, 10-15-84)
Sec. 3-72. Consqmption in public restricted.
No beer shall be conaumed in any theatre, recreation hall
or center, dance hall, ball park or other place of public
•$tate law reterence-Nonalcoholic beverages, M.S.A. Ch. 340.
$upp. Na 8 140
I
I
ALCOHOLIC BEVEAAGES § 3-79
gathering used for the purpose of entertainrnent, amusement
or playing of games. (Ord. No. 30, § 12(5), 12-9-57)
Sec. 3-73. Sale restricted.
No beer shall be sold or served to any intoxicated person
or any minor. (Ord. No. 30, § 8(3), 12-9-57)
Sec. 3-74. Misrepresentation of age.
No minor shall misrepresent his age for the purpose of
obtaining beer. (Ord. No. 30, § 12(1), 12-9-57)
Sec. 3-75. Employment of minors.
No minor shall be employed on the premises of a beer
store or be permitted to sell or serve beer in any "on sale"
establishment. (Ord. No. 30, § 8(5), 12-9-57)
Sec. 3-76. Procurement for minors.
No person other than the parent or legal guardian ahall
procure beer for any minor. (Ord. No. 30, § 12(2), 12-9-57)
Sec. 3-77. Possession by minors.
No minor shall have beer in his possession with the intent
~ to consume it at a place other than the household of his
parent or guardian. (Ord. No. 30, §'12(4), 12-9-57)
Sec. 3-78. Consumption by minors.
No minor ahall be permitted to consume beer unless
accompanied by his parent or legal guardian. (Ord. No. 30, §
8(4), 12-9-57)
Sec. 3-78. Liquor consumption and display.
No person ahall consume or display any intogicating
liquor on the premises of a licensee who is not also licensed
to sell intoxicating liquora or who doea not hold a
consumption and display permit. (Ord. No. 30, § 12(6),
12-9-57)
~ 141
~ _ _
§ 3-80 ARDEN HILLS CODE
E
Sec. 3-80. Gambling.
No gambling or any gambling device shall be permitted
on any premises licensed under the provisions of this
article. (Ord. 1Vo. 30, § 8(6), 12-9-57)
Secs. 3-81-3-86. fteserved.
DIVISION 2. LICENSE*
Sec. 3-87. ftequired.
No person, except wholesalers and manufacturers to the
extent authorized by law, shall deal in or dispoae of by gi€t-i sale or otherwise, or keep or offer for sale, any beer within
the city without first having received a license as
hereinafter provided. (Ord. No. 30, § 2(1), 12-9-57) .
Sec. 3-88. Classification.
Licenses required by this division shall be of three (3)
classifications:
(a) Regular on sale licenses shall be granted only to bona
fide clubs, beer stores, exclusive on sale liquor stores,
restaurants and hotels where food is prepared and
served for consumption on the premisea. On sale
licenses shall permit the sale of beer for consumption
on the premises only.
(b) Temporary on sale licenaes shall be granted only to
bona fide clubs and charitable, religious and nonprofit
organizations for the sale of beer for consumption on
the premises only.
(c) Off sale licenses shall permit the sale of beer at retail
in the original package for consumption off the
premises only. (Ord. No. 30, § 2(2, 3), 12-9-57)
*Cross rePerence-License fee, § 13-31.
142
~
ALCOHOLIC BEVERAGES § 3-90
Sec. 3-89. Applications.
Every application for a license to sell beer shall be made on a form supplied by the city and shall state the name of
, the applicant, his age, representations as to his character
with such references as may be required, his citizenahip,
whether the application is for on sale, or off sale, the
business in connection with which the proposed license will
operate and its location, whether applicant is owner and
operator of the business, how long he has been in that
business at that place, and such other information as the
council may require from time to time. It shall be unlawful
to make any false statement in an application. Applications
shall be filed with the city clerk-adminiatrator. (Ord. No. 30,
§ 3, 12-9-57)
Sec. 3-90. Persons ineligible.
No license required by the provisions of this division shall
be granted to, held by, or renewed for any person who:
(a) Is under eighteen (18) years of age;
(b) Has, within five (5) years prior to the application for
such license, been convicted of a felony, or of violating
any law of this state or local ordinance relating to the
manufacture, sale, distribution, or possession for sale
or distribution of intoxicating liquors or beer and
cannot show competent evidence under Minnesota
Statutes, Section 364.03, of sufficient rehabilitation
and present fitness to perform the duties of a beer
license;
(c) Is a manufacturer of beer or is interested in the "
control of any place where beer ia manufactured; (d) Is not of good moral character;
(e) Is or during the period of this license becomes the
holder of a federal retail liquor dealer's special tax
stamp for the sale of intoxicating liquor at any place
unless there has also been issued to him a local
license to sell intoxicating liquor at such place; or
143
I
J
~
§ 3-90 AR.DEN HILLS CODE
(f) Is not the proprietor of the establishment for which
the license is issued. (Ord. No. 30, § 6, 12-9-57)
Sec. 3-81. Places ineligible for license.
(a) No license shall be granted for sale on any premises
where a licensee has been convicted of the violation of this
article, or of the state beer or liquor law, or where any
license hereunder has been revoked for cause until sixty (60)
days has elapsed after such conviction or revocation.
(b) No license shall be granted for any place within five
hundred (500) feet of any public school or within five
hundred (500) feet of any church. (Ord. No. 30, § 7, 12-9-57;
Ord. No. 64, § 1, 3-26-62)
Sec. 3-92. R,ight of entry.
Any peace officer shall have the unqualified right to
enter, inspect and search the premises of a licensee during
business hours without a search and seizure warrant and
may seize all illegal intoxicating liquora found on the
licensed premises. (Ord. No. 30, § 8(10), 12-9-57)
Sec. 3-93. Fees generally.
Each application for a license shall be accompanied by a
receipt from the city treasurer for payment in full of the
required fee for the license. All fees shall be paid into the
general fund of the municipality. Upon rejection of any
application for a license, the treasurer shall refund the
amount paid. (Ord. No. 30, § 4(1), 12-9-57)
State law reference-Feea, M.S.A. § 340.02(2, 3).
Sec. 3-94. ftefund of fees.
No part of the fee paid for any license issued under this
division shall be refunded except in the following instances
upon application to the council within sixty (60) days from
the happening of the event. There shall be refunded a pro
rata portion of the fee for the unexpired period of the
license, computed on a monthly basis, when operation of the
144
I
-
ALCOHOLIC BEVERAGES § 3-a~
licensed business ceases not less than one month before
expiration of the license because of:
(a) Destruction or damage of the licensed premises by fire
or other catastrophe;
(b) The licensee's illness;
(c) The licensee's death;
(d) A change in the legal status of the municipality
making it unlawful for the licensed business to
continue. (Ord. No. 30, § 4(4), 12-9-57)
Sec. 3-85. Issuance.
The city council shall investigate all facts set out in the
application. Opportunity shall be given to any person to be
heard for or against the granting of the license. After such
investigation and hearing the city council shall grant or
refuse the application in its discretion. (Ord. No. 30, § 5(1),
12-9-57)
Sec. 3-96, Transfer.
Each license issued under the provisions of this division
shall be issued to the applicant only and shall not be
transferable to another holder. Each license shall be issued
only for the premises described in the application. No
license may be transferred to another place without the
approval of the city council. (Ord. No. 30, § 5(2), 12-9-57)
Sec. 3-97. Subject to law.
Every license shall be granted subject to the provisions of
this article and of any other applicable provision of this
Code or ordinance of the city or state law. (Ord. No. 30, §
8(1), 12-9-57)
Sec. 3-98. Display, r
All licensed premisea shall have the license poated in a
conspicuous place at all times. (Ord. No. 30, § 8(2), 12-9-57)
145
I _
§ 3-99 ARDEN HILLS CODE
Sec. 3-98. Prohibited interests.
No manufacturer or wholesaler of beer shall have any
ownership of or intereat in an establishment licensed to sell
at retail contrary to the provisions of M.S.A. 340.02. No
retail licensee and manufacturer or wholesaler of beer shall
be parties to any exclusive purchase contract. No retail
licensee shall receive any benefits contrary to law from a
manufacturer or wholesaler of beer and no such manufac-
turer or wholesaler shall confer any benefits contrary to law
upon a retail licensee. (Ord. No. 30, § 8(7), 12-9-57)
Sec. 3-100. Federal liquor stamps.
No licensee shall sell beer while holding or exhibiting in
the licensed premises a federal retail liquor dealer's special
tax stamp unlesa he is licensed under the lawa of this state
to sell intoxicating liquors. (Ord. No. 30, § 8(8), 12-9-57)
Sec. 3-101. ftesponsibility of licensee.
Every licensee shall be reaponsible for the conduct of his
place of business and shall maintain conditions of sobriety
and order. (Ord. No. 30, § 8(11), 12-9-57)
Sec. 3-102. Duration, proration.
All licenses shall expire on the last day of December in
each year. Each license shall be issued for a period of one
year, except that if a portion of the license year has elapsed
when the application ia made, a license may be isaued for
the remainder of the year for a pro rata fee. In computing
such fee, any unexpired fraction of a month ahall be counted
as one month. (Ord. No. 30, § 4(2), 12-9-57)
3tate law reference-Similar proviaions, M.S.A. § 340.02(9).
Sec. 3-103. Revocation.
The violation of any provision or condition of this article
by a beer licensee or his agent shall be grounds for
revocation or suspension of the license. The license of any
person who holds a federal retail liquor dealer's special tag
146
~ _ _
ALCOHOLIC BEVERAGES § 3-103
stamp without a license to sell intoxicating liquors at such
place shall be revoked without notice and without hearing.
In all other cases, a license granted under this division may
be revoked or suspended by the council after written notice
to the licensee and a public hearing. The notice ahall give at
least eight (8) days' notice of the time and place of the
hearing and shall state the nature of the charges against
the licensee. The council may suspend any license pending a
heaxing on revocation or suspension. (Ord. No. 30, § 13,
12-9-57)
Supp. No. 19 [The next page is 1871
I 147
Chapter 4
AMUSEMENTS, PAftKS AND RECREATION*
Art. I. In General, 4•1-4•43
Div. 1. Driving Ranges, 4-1-4-3
Div. 2. Coin•Operated Amusement Devices, 4-4-4-14
Div. 3. Amusement Arcades, 4-15-4-24
Div. 4. Gambling Devices, 4-25-4-30
Div. 5. Authorized Gambling, 4•31-4-43
Art. II. Public Parks and R.ecreation Areas, 4•44-4-54
Div. 1. Generally, 4-44, 4•45
Div. 2. Arden Hills Parks System, 4-46-4-54
ARTICLE I. IN GENERAL
DIVISION 1. DRIVING RANGES
Sec. 4-1. Proximity of driving tees to buildings; direction of
tees.
No license for a public driving tee shall be granted unless the
distance from the place of driving to the nearest building or road
in the direction in which the balls are driven is nine hundred
(900) feet or more. Such tees shall be so designed as to permit
driving of golf balls in one (1) general direction, which direction
shall be away from the nearest public road. (Ord. No. 71, § 5,
3-25-63; Ord. No. 224, § 2, 5-10-82)
Sec. 4•2. IIlumination.
The public driving tee shall be so lighted as to effectively illu-
minate all entrances and exits, and lights used upon the premises
shall be placed in such a manner as not to shine upon or unrea-
sonably interfere with surrounding property. (Ord. No. 71, § 6,
3-25-63; Ord. No. 224, § 2, 5-10-82)
*Cross references-Lakes, Ch. 12; licenses, Ch. 13; swimming pools, Ch. 23.
State law reference-Authority to regulate amusements, M.S.A. § 412221(25).
Supp. No. 19 187
§ 4-3 AR.DEN HILLS CODE
Sec. 4•3. Hours operation prohibited.
In no event shall such public driving tees operate between the
hours of 1:00 a.m. and 8:00 a.m. (Ord. No. 71, § 7, 3-25-63; Ord.
No. 224, § 2, 5-10-82)
DIVISION 2. COIN-OPERATED AMUSEMENT DEVICES
«
Sec. 4-4. Definition f
o coin-operated amusement device.»
The term coin-operated amusement device or device as used
herein means a mechanical amusement device of any of the fol-
lowing types:
(a) A machine or contrivance, including a pinball machine; a
mechanical miniature pool table, bowling machine, shuffle
board, electric rifle or gun range; a miniature and mechan-
ical device and game or other amusement patterned after
baseball, basketball, hockey and similar games; a video or
computerized game; or a game which may be played solely
for amusement and not as a gambling device-which ma-
chine or contrivance is played by the insertion of a coin,
slug or other token, or at a fee fixed and charged by the
establishment in which such machine or contrivance is lo-
cated and which contains no automatic payoff features for
the return of money, coins, merchandise, checks, tokens or
any other thing or item of value; provided, however, that
such machine or contrivance may be equipped to permit a
free play or game; or
(b) An amusement device designed for and used exclusively as
a ride by children such as, but not limited to, a kiddie car,
miniature airplane ride, mechanical horse, or other min-
iature mechanical device, not operated as part of or in con-
nection with any carnival, circus, show, or other entertain-
ment or exhibition. (Ord. No. 224, § 4, 5-10-82)
Sec. 4•5. License required.
No person shall keep, operate, maintain or permit to be oper-
ated or maintained upon premises within his direct or indirect
Supp. No. 19 188
I
AMUSEMENTS, PARKS AND RECREATION § 4-6
control any coin-operated amusement device without having first
procured a coin-operated amusement device license. (Ord. No.
224, § 4, 5-10-82)
Sec. 4-6. Required information in application.
The application for a coin-operated amusement device license
shall include not only the information required by section 13-4 of
the Arden Hills Code but also the following additional information:
(a) The name and address of all persons owning or having an
interest in the business which keeps, operates, or main-
tains the coin-operated amusement devices requiring a li-
cense pursuant to section 4-5 hereof and, in the case of a
corporation, the names and addresses of the off'icers and
directors of the corporation and all shareholders who have
a beneficial interest in five (5) per cent or more of the
issued shares of the corporation's stock;
(b) Whether any of the persons whose names appear on the
application have ever been engaged in the business of
operating coin-operated amusement devices anywhere dur-
, ing the last f'ive (5) years and, if so, where;
(c) Whether any of the persons whose names appear on the
application have been convicted of a crime or have had an
~ application for a coin-operated amusement device license
denied, revoked or suspended within the last five (5) years
and, if so, the date and place of the conviction or denial,
revocation or suspension and a statement of the crime or
the reason for such denial, revocation or suspension; and
(d) A statement that the applicant, or all principal officers,
directors and shareholders of a corporate applicant, and
managers of the licensed activity, if requested by the clerk-
administrator, will permit a record of his/their fingerprints
to be made by the police department for the purpose of
additional investigation to determine whether or not the
application should be issued or the license denied, sus-
pended or revoked. (Ord. No. 224, § 4, 5-10-82)
$upp. No. 6
189
I
§ 4-7 ARDEN HILLS CODE
Sec. 47. License fee.
As provided in section 13-24 of the Arden Hills Code, the fee for
a coin-operated amusement device license shall be established in
a resolution adopted by the council. (Ord. No. 224, § 4, 5-10-$2)
Sec. 4-8. Issuance of license; iuvestigation by police.
A license to operate a coin-operated amusement device shall be
issued by the clerk-administrator. If requested by the clerk-
administrator, however, the police department of the city shall
investigate any application and shall submit a recommendation
to the clerk-administrator prior to issuance or denial of the li-
cense as provided in section 13-8 of the Arden Hills Code. (Ord.
No. 224, § 4, 5-10-82)
~ Sec. 49. Ineligibility for license.
Existence of any of the following conditions shall render the
applicant ineligible for a license unless the council determines
' that the applicant has shown sufficient extenuating circumstances
to warrant the issuance of a license regardless of such existence:
(a) If the applicant, or the manager of the licensed business,
is:
(1) Under twenty-one (21) years of age, or
(2) An alien, or
(3) A foreign corporation.
(b) If the applicant, manager or person owning the licensed
activity:
(1) Is not a person of good moral character and repute, or
(2) Has been convicted of an offense which relates to the
conduct of the licensed business, or
(3) Has been denied a license to conduct a similar activity
or has had such license suspended, revoked or cancelled.
The foregoing shall not be the only grounds, however, for de- nial of the license. (Ord. No. 224, § 4, 5-10-82)
Sec. 4-10. Insurance.
If the coin-operated amusement device is one of the types de-
scribed in subsection (b) of section 4-4, the applicant shall also
3upp. No. 6 190
~
- ~
' AMUSEMENTS, PARKS AND RECftEATION § 4-14
submit along with his application a policy of liability insurance
' applicable to death or injury caused by the operation of the li-
censed device in such amounts and containing such coverages as
the clerk-administrator reasonably requires. (Ord. No. 224, § 4,
5-10-82)
Sec. 411. IT,isplay of license.
The license for the aggregate of coin-operated amusement de-
vices licensed hereunder shall be posted in a conspicuous place on
the premises under the direct or indirect control of the licensee,
upon which they are located, as required by section 13-12 of the
Arden Hills Code. (Ord. No. 224, § 4, 5-10-82)
Sec. 412. Truants; hours of operation by minors.
No truant from school shall operate a coin-operated amuse-
ment device, and no minor under the age of sixteen (16) years
shall operate such device on any night of the week after the hour
of 9:30 p.m., unless he is accompanied by a parent or guardian.
. No person in charge of the premises where the device is located
shall permit it to be played or used in violation of the provisions
of this section. (Ord. No. 224, § 4, 5-10-82; Ord. No. 228, § 1, ,
12-13-82)
Sec. 413. Partial exclusion for liquor licensees.
. No person or entity licensed to sell intoxicating liquor at retail
shall be subject to comply with the provisions of sections 4-6, 4-9, !
4-10, or all of section 4-8 except the first sentence thereof. Sec- "
tions 4-4, 4-5, 4-7, 4-11, 4-12 and 4-14 and the f"irst sentence of
section 4-8 shall, however, be applicable to such licensee. (Ord.
No. 228, § 2, 12-13-82)
Editor's note-Section 2 of Ord. No. 228, enacted Dec. 13, 1982, amended §
4-13 to read as hereinabove set forth. Prior to said amendment, § 4-13 pertained
to multiple devices capable of operating any one game, which provisions derived
from § 4 of Ord. No. 224, enacted May 10, 1982.
Sec. 414. Certain deviees not regulated.
Nothing in this division of the Arden Hills Code shall be held
to apply to any coin-operated amusement device held or kept for
sale or storage and which is not actually in use or displayed for
use. (Ord. No. 224, § 4, 5-10-82)
supp. No. 7 191
I
r
§ 4-15 ARDEN HILLS CODF.
DIVISION 3. AMUSEMENT ARCADES
Sec. 4-15. Definitions.
For purposes of this division the terms defined below shall
, have the meaning given them:
(a) The term "coin-operated amusement device" or "device"
shall mean the type of inechanical amusement device which
is described in section 4-4.
(b) The term "amusement arcade", as used herein, shall mean
any building, structure or tract of land, or any portion
thereof, which is devoted primarily to the operation of four
(4) or more coin-operated amusement devices and is open
for public use and participation. (Ord. No. 224, § 5, 5-10-82)
~ Sec. 415. License required.
No person shall own, operate or permit the operation of an
amusement arcade on premises owned, leased or operated by him
or engage in the business of operating an amusement arcade in
the city unless he shall have first obtained a license therefor.
` (Ord. No. 224, § 5, 5-10-82)
~ Sec. 4-17. Required information in application.
~ The application for an amusement arcade license shall include
` not only the information required by section 13-4 of the Arden
, Hills Code but also the following additional information:
(a) The name and address of all persons owning or having an
interest in the business which keeps, operates, or main-
tains the coin-operated amusement devices requiring a li-
cense pursuant to section 4-5 hereof and, in the case of a
corporation, the names and addresses of the officers and
directors of the corporation and all shareholders who have
a beneficial interest in five (5) per cent or more of the
issued shares of the corporation's stock;
(b) Name and address of the manager, or managers, who will
supervise the licensed operation or activity;
Supp. No. 7 192
~
I
AMUSEMENTS, PARKS AND RECREATION § 4-19
(c) Whether any of the persons whose names appear on the
application have ever been engaged in the business of
operating an amusement arcade anywhere during the last
five (5) years and, if so, where;
(d) Whether any of the persons whose names appear on the
application have been convicted Of a crime or have had an
application for an amusement arcade license denied, re-
voked or suspended within the last five (5) years and, if so,
the date and place of the conviction or denial, revocation or
suspension and a statement of the crime or the reason for
such denial, revocation or suspension; and
(e) A statement that the applicant, or all principal officers,
directors and shareholders of a corporate applicant, and
managers of the licensed activity, if requested by the clerk-
administrator, will permit a record of his/their fngerprints
to be made by the police department for the purpose of
additional investigation to determine whether or not the
application should be issued or the license denied, sus-
pended or revoked. (Ord. No. 224, § 5, 5-10-52)
Sec. 418. License fees.
As provided in section 13-24 of the Arden Hills Code, the fee for
an amusemenL arcade license shall be established in a resolution ~
adopted by the council. (Ord. No. 244, § 5, 5-10-82)
Sec. 4-19. Granting of licenses.
(a) Referra4 inuestigation and reports. Any application for a
license hereunder shall be referred to the police chief and to such
other persons on the city's staff as the city council shall deem
necessary. The city official to whom the application has been
referred shall investigate the location wherein the applicant is
proposing to operate the amusement arcade; shall ascertain if the
applicant, or the manager of the licensed business, is under twenty-
one (21) years of age, an alien, or a foreign corporation; and shall
ascertain whether the applicant, manager or person owning the
proposed licensed activity is of good moral character and repute,
~ has not been convicted of an offense which relates to the conduct
of the licensed business, has operated a similar business else-
I 3upp. No. 7 193
~
1
§ 4-19 ARDEN HILLS CODF.
where which was not violative of the provisions of this division,
and has never been denied a license to conduct a like or similar
activity or had such a license suspended, revoked or cancelled.
The chief and any other city official to whom the application has
been referred shall recommend approval or disapproval of the
application within the time limits set forth in section 13-8 of the
Arden Hills Code.
(b) Notice of public hearing. Upon receipt of the written reports
, and recommendations of the police chief, clerk-administrator and
any other officials to whom the application has been referred,
the clerk-administrator shall cause to be published in the legal
newspaper of the city, at least ten (10) days in advance, a notice
of public hearing to be held by the city council setting forth the
day, time and place when the hearing will be held, the name o£
the applicant, and the location where the business is proposed to
be conducted.
(c) Hearing, decision and conditions. The application, together
with the recommendations of the police chief, clerk-administrator
~ and other officials to whom the application has been referred,
shall be submitted to the city council at the hearing. After the
, hearing, the council may grant or deny the license. In granting
' the license, the council may impose special conditions if it deems
such conditions to be necessary because of particular circum-
stances relative to the application. (Ord. No. 224, § 5, 5-10-82)
Sec. 420. Ineligibility for license.
Existence af any of the following conditions shall render the
' applicant ineligible for a license unless the council determines
that the applicant has shown sufficient extenuating circumstances
' to warrant the issuance of a license regardless of such existence:
(a) If the applicant, or the manager of the licensed business,
' is:
(1) Under twenty-one (21) years of age, or
(2) An alien, or
(3) A foreign corporation.
(b) If the applicant, manager or person owning the licensed
activity:
Snpp. Na 7 194
.
AMUSEMENTS, PARKS AND RF.CftEATION § 4-22
(1) Is not a person of good moral character and repute, or
(2) Has been convicted of an offense which relates to the
conduct of the licensed business, or
(3) Has been denied a license to conduct a similar activity
or has had such license suspended, revoked or cancelled.
The foregoing shall not be the only grounds, however, for de-
nial of the license. (Ord. No. 224, § 5, 5-10-82)
Sec. 421. Insurance.
If the coin-operated amusement devices to be operated in the
amusement arcade are of the type described in subsection (b) of
section 4-4, the applicant shall also submit along with his appli-
cation a policy of liability insurance applicable to death or injury
caused by the operation of the licensed devices in such amounts
i and coverages as are prescribed by the city council. (Ord. No. 224,
a 5, 5-10-82)
i
Sec. 422. Conditions of licensure.
The following conditions shall govern the issuance and holding
~ of all amusement arcade licenses granted pursuant to this division:
(a) Order. It shall be the responsibility of the licensee to main-
tain order on the premises of the amusement arcade, and
in and upon any parking lot appurtenant thereto, and
adjacent premises, at all times.
(b) Consumption of alcoholic beuerages prohibited The con-
sumption of alcoholic beverages, whether classified as in-
toxicating or nonintoxicating, or the use of any controlled
substance shall not be permitted on any part of the prem-
ises of the amusement arcade.
(c) Hours of operation. On all Saturciays of the year, and on
weekdays from and including June lst through August
31st, an amusement arcade shall be open only between
the hours of 8:00 a.m, and 12:00 midnight. On all Sundays
of the year, and on weekdays from and including Septem=
ber lst through May 31st, an amusement arcade shall be
open only between the hours of 3:00 p.m. and 11:00 p.m.
supp• No. 7 195
(
~ ~
. T~
I
§ 4-22 ARDEN HILIS CODE
(d) Supervision. The licensee shall provide a full-time man-
ager of at least twenty-one (21) years of age upon the
premises of the amusement arcade during all hours in
which it is open for business.
(e) Entrance of truants and minors prohibited under certain
circumstances. No truant from school shall be permitted to
enter or remain on any part of the premises of the amuse-
ment arcade. No minor under the age of sixteen (16) years
shall be permitted to enter or remain upon the premises of
the amusement arcade any night of the week after the hour
of 9:30 p.m., unless accompanied by his parent or guardian.
(f) Comptiance with laws. The premises of the amusement
arcade, and the licensee, shall fully comply with all appli-
cable state, federal and local regulations whatsoever deal-
ing with the operation of the licensed business or activity.
~ (g) Fire ha.zards. It shall be the responsibility of the licensee,
~ or his manager, to see that the premises of the amusement
arcade do not become overcrowded so as to constitute a
, hazard to the health or safety of the persons therein.
i (h) Exitsfentrances. The premises of the amusement arcade
shall have adequate entrances and exits at the front and
rear thereof but may have no entrances to or exits from
adjoining buildings.
(i) Smoking prohibited The smoking of tobacco or any other
product in an amusement arcade is prohibited. The licensee
shall be responsible to ensure that this restriction is com-
plied with. Tobacco products may not be sold anywhere
upon the premises of the amusement arcade.
(j) Illumination. The interior of the amusement arcade shall
, be so illuminated as to ensure proper and complete obser-
vation of patrons at all times. The building inspector shall
recommend standards for lighting levels to carry out the
intent of this subsection.
(k) Posting. In a conspicuous place somewhere on the premises
of the amusement arcade shall be posted the amusement
arcade license as required by section 13-12 of the Arden
3upp. No. 7 196
I
?
AMUSEMFNTS, PARKS ANI) RECREATION § 4-27
Hills Code. (Ord. No. 224, § 5, 5-10-82; Ord. No. 228, § 3,
12-13-82)
Sec. 423. Partial exclusion of liquor licensees.
No person or entity licensed to sell intoxicating liquor at retail r
shall be subject to the provisions of sections 4-15 to 4-22, with the
exception of subsection 4-22(e) to which any such licensee shall be
subject; provided, however, the term "premises of the amusement
arcade," used therein, shall be aeemed to mean, in the case of the
liquor licensee, the licensed premises thereof. (Ord. No. 228, § 4,
12-13-82)
~ Sec. 424. Reserved.
DIVISION 4. GAMBLING DEVICES
, Sec. 4-25. Definition of "gambling device."
~ The term gambling device as used herein means those devices
~ known as paddlewheels, tipboards, pull-tabs (or ticket jars) or ap-
paratus used in conducting raffZes as those various devices are
~ described and defined in Section 34926 of Minnesota Statutes, as
~ amended. (Ord. No. 225, § 1, 7-26-82)
I Sec. 4•26. Incorporation by reference of Section 349.26 of
' Minnesota Statutes, as amended.
~ Unless the provisions of Chapter 13 and of this division of the
~ city Code are inconsistent, in which case those provisions shall
, control, all the terms, provisions and subdivisions of Section 349.26
of Minnesota Statutes, as amended-which regulate and provide
for the Iicensing of the operation of gambling devices-are hereby
adopted and incorporated herein by reference. (Ord. No. 225, § 1,
7-26-82)
' Sec. 427. License required.
No person shall keep, operate, maintain or permit to be oper-
' ated ar maintained upon premises within his direct or indirect
control any gambling device without having first procured a
gambling device license. (Ord. No. 225, § 1, 7-26-82)
Supp. No. 20 197
i~
~I
§ 4-28 ARDEN HILLS CODE
Sec. 4•28. License fee.
As provided in section 13-24 of the Arden Hills Code, the fee for
various types of gambling device licenses shall be established in
a resolution from time to time adopted by the council. (Ord. No.
225, § 1, 7-26-82)
Sec. 4-29. Issuance of license; investigation by police.
A license to operate a gambling device shall be issued by the
clerk-administrator no earlier than fifteen (15) days after the ap-
plication has been submitted. If requested by the clerk-
administrator, however, the police department of the city shall
investigate any application and shall submit a recommendation
to the clerk-administrator prior to issuance or denial of the li-
cense as provided in section 13-8 of the Arden Hills Code. (Ord No.
225, § 1, 7-26-82)
Sec. 4-30. Reserved.
i
DIVISION 5. AUTHORIZED GAMBLING*
Sec. 4-31. Definitions.
' Except as provided herein, the definitions contained in the Min-
nesota Lawful Gambling Act shall apply to the words, terms and
phrases used herein:
Allowable expense: Reasonable sums that are necessarily and
actually expended for the following purposes:
(1) Gambling supplies and equipment;
(2) Rent;
(3) Utilities used during gambling occasions;
(4) Compensation paid to members for conducting gambling
on a compensation schedule devised by the organization for
its employees for the conduct of lawful gambling;
(5) Maintenance of devices used in lawful gambling;
*Cross references-Alcoholic beverages, Ch. 3; licenses, Ch. 13; taxation and
special assessments, Ch. 24.
Supp. No. 20 198
~
AMUSEMENTS, PARKS AND RECREATION § 4•32
(6) Accounting services;
(7) License renewal;
(8) Bond for gambling manager;
I (9) Insurance on gambling activities;
(10) Investigation fee;
(11) One-third (1/3) of the amount of increase in the annual pre-
~ mium of ]iability insurance.
' Board: The Minnesota Charitable Gambling Control Board.
Gross profit: The gross receipts collected from lawful gambling
less reasonable sums necessarily and actually expended for prizes.
Gross receipts: The total amount collected by an organization
from participants in lawful gaxnbling. Gross receipts for bingo
include any amounts received by the organization that have been
paid by a person at the bingo occasion to play the game without
which the player could not play the game. ~ Lawful gambling: The operation, conduct or sale of bingo, raf-
f1es, paddlewheels, tipboards andlor pull-tabs.
Minnesota Lawful Gambling Actr The provisions of M.S. Sea
tions 349.11 through 349.60.
Net profit: Gross profit less reasonable sums actually expended
for allowable expenses.
Organization: Any fraternai, religious, veterans or other non-
profit organization.
Person: An individual, firm, association, partnership, corpora-
tion, trustee or legal representative.
Trade area: The corporate boundaries of the city and each city
immediately contiguous to the city.
(Ord. No. 265, § 5-1, 12-11-89; Ord. No. 268, § 5-I, 7-30-90)
i
i Sec. 4-32. Unauthorized gambling prohibited.
I No person shall conduct lawful gambling within the city unless
~ such activity is in compliance with the provisions of the Minne-
sota Lawful Gambling Act and this division. If the provisions of
~ Supp. No. 20 198.1
I
I
1
§ 4-32 ARDEN HILLS CODE
the Minnesota Lawful Gambling Act and this division are incon-
sistent, the more restrictive provisions shall apply. (Ord. No. 265,
§ 5-2, 12-11-89; Ord. No. 268, § 5-2, 7-30-90)
Sec. 4•33. Premises permit.
Applications for city approval of a premises permit shall be
' submitted to the city administrator at least sixty (60) days before
, the proposed effective date of the permit. Criteria for the issuance
of premises permits shall be adopted from time to time by council
~ resolution. (Ord. No. 265, § 5-3, 12-11-89; Ord. No. 268, § 5-3,
7-30-90)
I Sec. 4-34. Investigation fee.
Applicants for a premises permit shall pay the city a nonre-
fundable investigation fee of one hundred dollars ($100.00) when
submitting the application for the permit. (Ord. No. 265, § 5-4,
12-11-89; Ord. No. 268, § 5-4, 7-30-90)
Sec. 4-35. Local gambling tax.
Effective January 1, 1991, there shall be imposed a local gam-
~ bling tax on all organizations licensed to conduct lawful gambling
i within the city. The tax may not exceed three (3) per cent of the
organization's gross profit from gambling activities within the
city. Proceeds of the tax shall only be used for the purpose of
regulating all gambling activities within the city, including but
i not limited to the reimbursement of the city's administrative,
legal and consulting costs.
(1) Any organization applying for a renewal permit which shall
~ be effective after January 1, 1991, shall provide the city
with certified copies of the following documents:
' a. The prior year's income and loss statement which
, clearly indicates the organization's gross receipts from
~ lawful gambling activities within the city and total
prizes actually paid out for lawful gambling activities
within the city.
b. A statement of the organization's treasurer projecting
the organization's gross receipts and total prizes for
Supp. No. 20
198.2
, ~
i
f
AMUSEMENTS, PARK,S AND RECREATION § 4-38
lawful gambling activities to be conducted in the city
during the year in which the permit renewal will be
effective.
(2) Any organization applying for a new permit which will be
effective after January 1, 1991, shall provide the city with
a certified statement containing the organization's projec-
tion of gross receipts and total prizes for all lawful gam-
bling activities to be conducted in the city during the year
in which the permit will be effective.
(Ord. No. 265, § 5-5, 12-11-89; Ord. No. 268, § 5-5, 7-30-90)
Sec. 4-36. Lawful gambling fund.
All organizations permitted to conduct lawful gambling within
the city shall contribute ten (10) per cent of their net profits de-
rived from lawful gambling activities within the city to a special
fund to be administered by the city council for lawful purposes.
Payments to the fund shall be calculated for quarterly periods
ending on the last days of March, June, September and December
of each year. Quarterly installment payments shall be submitted
together with verifiable supporting documentation, not later than
the twentieth day of the month following the end of the quarterly
period. (Ord. No. 265, § 5-6, 12-11-89; Ord. No. 267, § 5-6, 3-26-90;
Ord. No. 268, § 5-6, 7-30-90)
Sec. 4-37. Location of lawful gambling operations.
All lawful gambling activities authorized by a board-issued Class
A license shall be conducted on the same premises. A.11 lawful
gambling activities authorized by a board-issued Class B license
shall be conducted on premises which have also been issued valid
on-sale intoxicating liquor licenses. All lawful gambling activi-
ties authorized by a board-issued Class C license shall be con-
ducted at a church, school or auditorium. (Ord. No. 265, § 5-7,
12-11-89; Ord. No. 268, § 5-7; 7-30-90)
Sec. 4•38: Number of licenses authorized.
No more than ten (10) lawful gambling licenses of all classes
shall be issued and outstanding at the same time; provided, how-
ever, that the total number of authorized licenses shall be re-
Supp. No. 20
198.3
I
i
§ 4-38 ARDEN HILLS CODE
duced to nine (9) on the first day of May, 1991. No more than
seven (7) Class A licenses shall be issued and outstanding at the
same time. (Ord. IVo. 265, § 5-8, 12-11-89; Ord. No. 268, § 5-8,
7-30-90)
Sec. 4•39. Restriction on number of bingo occasions.
No more than four (4) bingo occasions each week may be eon-
ducted by a licensed organization. A bingo occasion may n9t con-
' tinue for more than four (4) consecutive hours. A person or cor-
poration, other than an organization which leases any premises
that it owns to two (2) or more organizations for purposes in-
cluding the conduct of bingo occasions, may not allow more than
eighteen (18) bingo occasions to be conducted on the premises in
any week. (Ord. No. 265, § 5-9, 12-11-89)
Sec. 4•40. R,eports.
(a) All permitted organizations shall submit to the city admin-
istrator a copy of any reports it is required to make or has made
to the board. Any applicant for a license or renewal of a license
shall submit a copy of its application to the city administrator.
(b) On or before February first of each year, organizations li-
censed to conduct lawful gambling within the city shall submit a
, report to the city adminiatrator indicating how the net profits
derived from lawful gambling activities conducted by the organi-
zation have been spent for lawful purposes and such other reports
as may be required from time to time by council resolution. (Ord.
No. 265, § 5-10, 12-11-89; Ord. No. 268, § 5-10, 7-30-90)
Sec. 4•41. Inspection of premises and records.
The city administrator, city attorney, city law enforcement of-
ficers, city official and/or city employee having a duty to perform
with reference to this division or lawful gambling activities may
inspect and examine the records concerning lawful gambling ac-
tivities of any permitted organization upon twenty-four (24) hours'
advance notice and may inspect the premises upon which the
permitted organization is conducting lawful gambling activities
at all reasonable times without advance notice. It shall be a mis-
demeanor to falsify any reports required to be submitted pur-
Supp. No. 20
198.4
I
AMUSEMENTS, PARKS AND RECREATION § 4-45
suant to this division. (Ord. No. 265, § 5-11, 12-11-89; Ord. No.
I 268, § 5-11, 7-30-90)
Sec. 4•42. Age limit.
No person under the age of eighteen (18) shall be permitted to
engage in any lawful gambling activity except bingo and raffles.
No permitted organization shall allow any person under the age
of eighteen (18) to engage in any lawfnl gambling activity except
bingo and raffles. (Ord. No. 265, § 5-12, 12-11-89; Ord. No. 268, §
5-12, 7-30-90)
Sec. 4-43. Trade area restriction.
An organization permitted to conduct lawful gambling within
the city shall expend fifty (50) per cent of its net profit on lawful
purposes conducted or located within the trade area. (Ord. No.
268, § 5-13, 7-30-90)
Sec. 4-44. Severability.
If any section, paragraph, phrase or pxovision of this division
shall be determined invalid for any reason, such determination of
invalidity shall not affect the remaining provisions of this divi-
sion. (Ord. No. 265, § 5-13,12-11-89; Ord. No. 268, § 5-14, 7-30-90)
ARTICLE II. PUBLIC PAR,KS AND
RECREATION AREAS*
DIVISION l. GENERALLY
Secs. 4-44, 4-45. Reserved.
'Cross reference-Lakes, Ch. 12.
Supp. No. 20 198.5
~
§ 4-46 ARDEN HILLS CODE
DIVISION 2. AR,DEN HILLS PARKS SYSTEM*
Sec. 4•46. Purpose.
This division is enacted for the purpose of and with the intent
to regulate the use of the Arden Hills Parks System by members
of the public in order to promote the fullest use and enjoyment of
the system by the public in general and the citizens of the city in
particular, to insure safety for persons and property in connection
with the use of the system, to harmonize and integrate the varying
uses of the system, to protect public property and resources for
posterity, and to enhance the general health, safety and welfare
of the citizens of the city. (Ord. No. 214, § 1(1.1), 4-27-81)
Sec. 4-47. Definitions.
For the purpose of this division, the following words and terms
shall have the meanings respectively ascribed:
"Editor's note-Sections 1-7 of Ord. No. 214, enacted April 27, 1951, did not
specificaliy amend this Code; hence, codification of the provisions of said 1-7
as Div. 2, 4-46-4-54, is at the discretion of the editor.
Supp. No. 20 198.6
~
AMUSEMENTS, PAftKS AND RECREATION § 4-48
City shall mean and refer to the City of Arden Hills,
Ramsey County, Minnesota.
Council shall mean and refer to the city council of the
city.
Department shall mean and refer to the parks and
recreation department of the city.
Director shall mean and refer to either the parks and
recreation director of the city or to its clerk-administrator.
Law enforcement officer shall mean and refer to any
member of the city's police department, or to any person
duly deputized or commissioned by the Board of Ramsey
County Commissioners or the State of Minnesota for the
purpose of enforcing the laws, ordinances and regulations of
their respective jurisdictions.
Open space site shall mean and refer to any public park
including the parking area and driveways appurtenant
thereto, any pathway, any trail, or any other similar public
open space area owned, improved, maintained, operated or
otherwise controlled by the city, or by the County of
Ramsey, or by any other public agency.
Open space waters shall mean and refer to any shoreline
included in the system and those waters lying within three
hundred fifty (350) feet and immediately abutting such
shoreline. ,
Person shall mean and refer to any individual, firm, ;
partnership, corporation or association of persons.
i
System shall mean and refer to all of the open space sites '
located within the city. (Ord. No. 214, § 1(1.2), 4-27-81) '
- Sec. 4-48. Hours and access.
The system shall be open to the public during that period
of time thirty (30) minutes before sunrise and thirty (30)
minutes after sunset. No person shall remain, stop, use or be
present within the confines of any open space site during
that period of time thirty (30) minutes after sunset and
Supp. No. 3
40 199
~
§448 ARDEN HILLS CObE
thirty (30) minutes before sunrise. Exceptions may be nade
at tle discretion of the director in the case of emergency or
When special use permits have been authorized or for other
i reaaqns the director may determine necessary or desirable.
(Ord. No. 214, § 1(1.3), 4-27-81)
See. 4-49. Permits.
(a) When required. Permits shall be required for the
exclUaive use of system facilities and for groups of more
thati twenty-five (25) people.
(b) Liability of permittee. The permittee shall be liable for
ariy loss, damage or injury sustained by the system or by
sny person whatever, by reason of the negligence of the
Rerson ox persons to whom such permits are issued.
(0) Retlocation. The director shall have the authority to
~ revdke a permit upon evidence of good cause. (Ord. No. 214,
1 2(2.1--2.3), 4-27-81)
' $00. 4-60. Special activities.
(a) Ficnicking. No person shall picnic in any apen space
sit* ei[cept in those areas designated and equipped for such
! use.
(b) Swimming:
~ (I) No person shall bathe, wade or swim in any open
space waters or at any public beach except in such
areas specifically designated for such use, and only at
such times when a city or otherwise authorized
~ lifeguard is on duty.
~ (2) No person shall bathe, wade or swim at any beach
~ except when dressed in bathing attire which is
E socially acceptable and conducive to water safety. '
(3) No person using open space waters shall swim outside
of the marked area.
(4) No person shall bring into or use at any beach any
inner tube, life raft or other inflatable or buoyant
3upg No. 3
200
~
AMUSEMENTS, PAR.KS AND RECftEATION § 4-50
object intended to support a person, except U.S. Coast
Guard approved life jackets or vests when properly
attached.
(5) No person shall possess, carry onto or scatter on any
I beach, any glass bottle, broken glass, metal can or
other debris which could be a safety hazard.
(6) No person shall use any beach area for purposes of
picnicking.
(7) No person shall launch, dock or operate any
watercraft in any designated swimming area.
(c) Fishing. No person shall take any fish, frog, turtle or
crayfish by angling, spearing, archery, netting or trapping
from any open space waters or from any shoreline, pier or
dock included in the system except in specifically designated
areas, and then only in accordance with Chapters 98 and
101, Minnesota Statutes 1974, as amended.
(d) Bicycling.
(1) No person shall ride or operate a bicycle in any open
space site except on designated bikeways or surfaces
normally provided for vehicular traffic.
(2) No person shall ride or operate a bicycle in violation
of Chapter 169, Minnesota Statutes 1974, as amended.
Persons riding a bicycle shall observe and obey all
traffic and directional signs.
(3) No person shall ride or operate a bicycle in any open
space site except in a prudent and careful manner.
(4) All bicycle riders shall remain in single file and
proceed in the extreme right-hand lane of a drive or
bikeway at all times except when passing another
vehicle or bicylist parked or traveling in the same
direction.
(5) Wherever provided, bicycles shall be parked in
locations set aside specifically for their storage. ,
Supp. No. 3
201
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§ 4-50 ARDEN HILLS CODE
(e) Boating:
(1) No person shall launch or land any boat, canoe, raft
or other watercraft on or from any shoreline which is
part of the system except at locations specifically
designated for such purposes.
(2) No person shall operate any watercraft within an area
which has been designated as a swimming area.
(3) No person shall drop or throw from any watercraft
garbage, litter or other debris.
(4) No person shall stand up in, rock or operate any
watercraft in a careless or reckless manner.
(f) Snowmobiling:
(1) No person shall operate a snowmobile in any open
space site except in those areas or trails specifically
designated for such use.
(2) No person shall operate a snowmobile at a speed in
excess of limits specifically posted for such use or at a
speed in excess of fifteen (15) miles per hour within
one hundred fifty (150) feet of any fisherman, fish
, house, pedestrian, skier, skating rink, sliding area, ski
tow area or other area where such operation would
conflict with or endanger other persons or property.
(3) No person shall operate a snowmobile within one
hundred fifty (150) feet of any residence, except at a
speed of fifteen (15) miles per hour or less.
I (g) Motorized recreation vehicle. No person shall operate a
motorized off-road or all-terrain recreation vehicle within
any open space site, except in such areas or on paved
surfaces specifically designated for such use. No person
shall operate a nonlicensed vehicle on any parkway or other
roadway within an open space site.
(h) Equestrian. No person shall ride or drive a horse in
any open space site.
Supp. No. 3
202 '
i
AMUSEMENTS, PARKS AND RECREATION § 4-51
(i) Camping:
(1) No person shall establish or maintain any camp or
other temporary lodging or sleeping place in any open
space site, except by permit, and then only in areas
specifically designated for such use.
(2) Permits for temporary lodging shall be issued to
adults only, and said adult shall be on the premises at
all times during the duration of the permit.
(j) Airborne actiuities. No person shall make an airborne
ascent or descent in any open space site, except by permit.
(Ord. No. 214, § 3(3.1-3.10), 4-27-81)
Cross references-Lakea, Ch. 12; anowmobiles, § 26-29 et seq.
Sec. 4-51. General conduct.
(a) Defacement, destruction of property and resources. No
person shall tamper with, injure, deface, destroy, disturb,
damage or remove any part of any system building,
structure, sign, lightpole, drinking fountain, hydrant, table,
grill, equipment, statue, flower, tree, shrub, plant, turf, soil
conditions, or mineral resource, nor shall any person plant
or cause to be planted any wild, cultivated or exotic tree,
shrub or plant except with the written permission of the
director.
(b) Animals:
(I) No person in custody of any pet or animal shall allow
said animal to disturb, harass or interfere with other
I open space users or their property.
(2) All state and local ordinances relating to the licensing
and muzzling of animals and pets shall apply to same
brought into any open space site.
(c) Hunting, fishing and molesting wildlife:
(1) No person shall kill, hunt, trap, pursue, injure, molest
or unnecessarily disturb or have in possession any
species of wildlife including birds, waterfowl, fish or
other animals found within the confines of any open
Supp. No. 3
203
i
§ 4-51 ARDEN HILLS CODE
space site, except that fishing may be permitted in
designated areas subject to laws and regulations as
established by the State of Minnesota.
(2) No person shall rob, disturb or molest the nest, eggs
or young of any birds or other animals within the
confines of any open space site.
(d) Fires:
(1) No person shall start or maintain a fire in any open
space site except small recreational fires in fireplaces,
fire rings and grills provided for that purpose in areas
specifically designated for such use. Private grills may
be used in designated areas provided that all ashes
and residue therefrom be disposed of in containers
provided for such disposal.
(2) Any person who starts or maintains a fire in an
authorized area shall exercise continuous supervision
from the time the fire is kindled until it is
extinguished.
(e) Waste and litter:
(1) No person shall allow the release of any substance
' which shall result in the pollution of open space
waters or endanger the health of the public.
(2) No person shall deposit, scatter, drop or abandon in
any open space site any paper, bottles, cans, sewage,
waste, trash or other debris except in receptacles
provided by the department for such purposes. No
person shall deposit in any receptacle in any open
I space site any accumulation of waste or trash
generated outside the boundaries of the site.
(f) Firearms, weapons, fireworks. No person except a law
enforcement officer shall possess or carry a firearm of any
description, any airgun, bow and arrow, knife with a blade
greater than three (3) inches, slingshot, dart or projectile '
thrower, or any other dangerous or illegal weapon in any
open space site. Nothing in this section shall be construed to
Supp. No. 3
204
i
AMUSEMENTS, PARKS AND RECftEATION § 4-51
prevent the recreational use of firearms and bow and arrows
on officially established fields or target ranges.
(g) Disturbing the peace:
(1) No person or group of persons shall disturb the peace
and good oraer in any open space site by either word
or act.
, (2) No person or group of persons shall disturb, harass or
interfere with any open space user or the user's
property.
(h) Audio devices. No person shall operate or play any
sound emitting equipment in any open space site in such a
manner that the sound emanating therefrom is audible
beyond the immediate vicinity of the equipment.
(i) Loitering:
(1) No person over the age of six (6) years shall enter any
comfort station or restroom, washroom or toilet
facility set apart or designated for the opposite sex.
(2) No person shall lurk or loiter in or around the toilet or
other system structure except to use such facility for
the purpose for which it is intended.
(3) No person shall lurk or loiter in any parking area
adjacent to any open space site.
(j) Alcoholic and intoxicating beuerages. No person shall
transport, possess, offer for sale, consume or be under the
influence of any alcoholic or intoxicating beverages in any
open space site.
(k) Smoking in enclosed structures. No person shall smoke
a cigarette, cigar, pipe or any other similar object in an
enclosed structure. ,
(1) Games. No person shall engage in any potentially
dangerous games involving thrown or propelled objects,
such as, but not limited to, footballs, baseballs, horseshoes,
arrows, golf balls, model airplanes, frisbees, or any similar
objects, in such manner as to interfere with the safety and
comfort of others.
Supp. No. 3
205
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§ 4-51 ARDEN HILLS CODE
(m) Aduertising. No person shall distribute, disseminate,
or cause to be displayed, any leaflets, pamphlets, circulars,
handbills, advertisements or other written or printed
material except with the written permission of the director.
(n) Unlawful sales. No person shall sell, offer for sale,
hawk, peddle or lease any object, merchandise or service or
carry on any manner of business or commercial enterprise
except those concessions authorized or operated by the city.
(o) Soliciting alms. No person shall beg or solicit alms,
donations or contributions.
(p) Construction. The construction of any above- or
below-ground structure shall be subject to the approval of
the council.
(q) Posted regulations, directional signs and graphics. No
person shall disregard or fail to comply with any posted
regulations, directional signs and graphics, barriers or other
control devices located within any open space site or on any
parkway. (Ord. No. 214, § 4(4.1-4.17), 4-27-81)
Sec. 4-52. Traffic rules.
(a) No person shall drive or operate a motor vehicle within
any open space site except upon roadways, parking areas,
parkways or other areas designated for such use.
(b) No person shall park, stop or leave a vehicle in any
open space site or on any parkway during that period of
time thirty (30) minutes after sunset and thirty (30) minutes
before sunrise. Exceptions may be made at the discretion of
the director in the case of emergency or when special use
permits have been authorized, or for other reasons the
director may determine necessary or desirable.
(c) No person shall wash, grease, change oil, service or
repair any vehicle in any open space site. All disabled
vehicles shall quickly be made operational or removed from
the open space site. (Ord. No. 214, § 5, 4-27-81)
Croas references-Traffic generally, Ch. 26; recreational vehicles, §
26-22 et seq.
Supp. No. 3
206
i
AMUSEMENTS, PARKS AND RECREATION § 4-54
Sec. 4-53. Penalties for violation.
(a) Misdemeanor. Any person violating any of the
provisions of this division shall be adjudged guilty of a
misdemeanor.
(b) Ejection. Any person violating any of the provisions of
this division may be expelled, ejected or ousted at such time
from an open space site at the discretion of a law
enforcement officer or department employee. (Ord. No. 214, §
6(6.1, 6.2), 4-27-81)
Sec. 4-54. Separability.
The provisions of this division shall be separable, and the
invalidity of any section, paragraph, subparagraph, sub-
division or other part thereof shall not make void, impair,
invalidate or affect the remainder thereof. (Ord. No. 214, § 7,
4-27-81)
[The next page is 2471
Supp. No. 3
207
(
Chapter 5
ANIMAL3 AND PETS*
Art. I. In General, 5-1-6-30
Art. II. Doga, 5-31-5-89
Div. 1. Generally, 5-31-5-45
Div. 2. Regiatration, 5-46-5-55
Div. 3. Citations and Impoundment, 5-56-5-65
Div. 4. Kennels, 5-66-5-69
, ARTICLE I. IN GENERAL
Sec. 5-1. Quarantine of biting animals.
Whenever any dog or animal has bitten any person, the
owner or custodian of such dog or animal having been so
notified by the police department shall immediately cause
the dog or animal to be quarantined at the city pound for a
period of ten (10) days after such person has been bitten by
I said dog or animal. During the quarantine period, said dog
or animal shall be kept under observation to determine its
condition, and if it is found to be sick or diseased the
poundkeeper shall immediately report in writing to the
police department the condition of the dog or animal. During
the quarantine period, the dog or animal ahall not be
removed from the designated quarantine facility except by
special written permit from the Minnesota Livestock
Sanitary Board and the police department. The owner of
said dog or animal shall be responsible for the cost of such
quarantine. (Ord. No. 198, § 13, 6-27-77)
•EdiLor's note-Ord. No. 198, § 17, adopted June 27, 1977, repealed Ord.
No. 11, adopted June 27, 1955, Ord. No. 17, adopted Sept. 26, 1956, Ord. No.
67, adopted Nov. 26, 1962 and Ord. No. 183, adopted Dec. 23, 1974, from
which former Ch. 5, Arts. I-V was derived, except 5-4 and 5-5 whicfi
have been retained and renumbered as 5-37 and 5-34 reapectively.
Sectiona 1-16 and section 18 of Ord. No. 198 weite nonamendatory of the
Code; hence, codification of said provisions as Ch. 5, Arts. I and II is at the
discretion of the editor.
Cross reference-Animals in mobile home courta, § 14-29. ,
State law references-Authority to regulate animals,M.S.A. §
412221(21); animals generally, M.S.A. Ch, 346. ~
Supp. No. 1 247
i
§ 5-2 AftDEN HILLS CODE
Secs. 5-2-5-30. R,eserved.
ARTICLE II. DOGS* `
DIVISION 1. GENERALLY
Sec. 5-31. Definitions.
g: The following definitions shall be used in the application
and interpretation of the provisions of this article:
(a) Dog shall mean any species of the Canis genus of
animals.
(b) Kennel shall mean any establishment where dogs are
kept for the purposes of breeding or sale, or sporting
purposes. Any person owning, harboring or keeping
for pleasure or profit three (3) or more dogs older than
six (6) months shall be deemed an operator of a dog
kennel.
(c) Owner shall mean any person, firm or corporation
~ owning, harboring or keeping a dog. (Ord. No. 198, §
1, 6-27-77)
Sec. 5-32. Running at large; control.
No owner or keeper of any dog, whether licensed or
unlicensed, shall permit such dog to run at large. Any dog
shall be deemed to be running at large unless such dog is
accompanied in close proximity by its owner and under such
effective direction, supervision and control of its owner as to
be in fact restrained by such owner at all times; provided,
however, that during all times that any dog remaina on his
owner's premises the dog shall be deemed to be within the
effective direction, supervision and control of said owner.
The fact that a dog is running at large within the meaning
of this section shall be prima facie proof of a violation
hereof, and shall subject the owner or keeper of such dog to
the penalty provided in section 5-39. (Ord. No. 198,
6-27-77) -
*State law reference-Doga, M.S.A. Ch. 347.
Supp. No. 1 248
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ANIMALS AND PETS § 5-35
Sec. 5-33. Owner to clean up after dog.
The owner of any dog shall have the responsibility for
cleaning up any feces of the animal, wherever dropped
thereby, and shall dispose of such feces in a sanitary
manner. (Ord. No. 198, § 8, 6-27-77)
Sec. 5-34. Owner to prevent nuisances.
~
The owner or custodian of any dog shall prevent the dog '
from committing in the city any act which constitutes a
nuisance. It is a nuisance for any dog to habitually or
frequently bark or cry at night, to frequent school grounds,
parks or public beaches, to chase vehicles, to molest or
annoy any person away from the property of his owner or
custodian, or to damage, defile or destroy public or private
property. Failure of the owner or custodian of a dog to ,
prevent the dog from committing such a nuisance is a
violation of this chapter [or "this Code" or "this division"].
Sec. 5-35. Habitual howling and barking dogs unlaw-
ful; exception; complaint; notice; warrant. '
It shall be unlawful for any person to own, keep, have in
his possession, or harbor any dog which, by frequent and
habitual howling, yelping, barking or otherwise shall cause
serious annoyance or disturbance to persons or to the
neighborhood, provided that the provisions of this section
shall not apply to duly authorized hospitals or clinics
conducted for the treatment of small animals. No person
shall be convicted under the provisions of this section
except upon evidence of two (2) or more adult persons, each
of a different household, and no warrant shall be issued
except after five (5) days' written notice has been mailed or
delivered to the occupant of the premises where such dog is
kept or harbored, advising that a complaint has been made
about the dog and calling attention to the provisions of this
section, and provided the complaint has not been withdrawn
by either party. (Ord. No. 198, § 12, 6-27-77)
Supp. No. 1 249
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§ 5-36 ARDEN HILLS CODE
Sec. 5-36. Diseased or vicious dogs.
No person shall keep or suffer to be kept on premises
occupied by him, or permit or suffer to run at large, any '
diseased dog or any dog of a ferocious or vicioua character,
habit or disposition. (Ord. No. 198, § 11, 6-27-77)
Sec. 5-37. Destruction of certain dogs.
(a) Upon sworn complaint to the municipal court that any
one of the following facts exist:
(1) That any dog at any time has destroyed property or
habitually trespasses in a damaging manner on the
property of persons other than the owner;
(2) That any dog at any time has attacked or bitten a
person outside the owner's or custodian's premises;
(3) That any dog is vicious or showa vicioua habits or
molests pedeatrians or interferes with vehicles on the
public streets; or
(4) That any dog is a public nuisance as defined in
section 5-34 herein;
the judge shall issue a summons directed to the owner of the
dog commanding him to appear before the court to ahow
cause why the dog should not be seized by any police
officer, or otherwise disposed of in the manner authorized in
this part. Such summons shall be returnable not less than
six (6) nor more than ten (10) days from the date thereof and
shall be served at least ten (10) days before the time of the
scheduled appearance.
(b) i,Jpon such hearing and finding the facts true as
complained of, the court may either order the dog killed or order the owner or custodian to remove it from the city, or
may order the owner or custodian to keep it confined to a
designated place. If the owner or custodian violates such
order, any police officer may impound the dog described in
guch order. The provisions of this section are in addition to
and supplemental to other provisions of this article.
Supp. No. 1 250
ANIMALS AND PETS § 5-46
(c) Costs of the proceedings specified by this section shall
be assessed against the owner or custodian of the dog, if the
facts in the complaint are found to be true; or the
complainant, if the facts are found to be untrue.
Sec. 5-38. Muzzling proclamation by mayor.
Whenever the prevalence of rabies renders such action
necessary to protect the public health and safety, the mayor
shall issue a proclamation ordering every person owning or
keeping a dog to confine it securely on his premises unless it
is muzzled so that it cannot bite. No peraon shall violate
such proclamation, and any unmuzzled dog running at large
during the time fixed in the proclamation shall be killed by
the police without notice to the owner. (Ord. No. 198, § 15,
6-27-?7)
Sec. 5-39. Violation; penalties.
Violations of this article shall be a misdemeanor and,
upon conviction thereof, shall be punishable by a fine of not
to exceed three hundred dollars ($300.00) or imprisonment
for a period not to exceed ninety (90) days, or both. The
minimum fine for the first offense of a dog shall be
twenty-five dollars ($25.00). The minimum fine for any
subsequent offense by the same dog shall be fifty dollars
($50.00). (Ord. No. 198, § 18, 6-27-77)
Secs. 5-40-5-46. Reserved.
DIVISION 2. REGISTRATION
Sec. 5-46. License required; form.
(a) Every owner of a dog more than six (6) montha of age
shall cause such dog to be regiatered, numbered, described
and licensed through the office of the clerk-administrator of
the city. Such registration, numbering and licensing shall be
for two (2) years for such dog while owned or kept by the
same person while living at the same address.
Supp. No. 3
251
§ 5-46 ARDEN HILLS CODE
(b) The license shall be a metal tag issued by the
clerk-administrator. (Ord. No. 198, § 2, 6-27-77)
Sec. 5-47. Initial fee; fee for duplicate tag.
(a) The fee for registration, numbering, description and
licensing shall be as established from time to time by the
council in a resolution adopted thereby.
(b) Duplicate licenses for lost tags or the changed address
of the owner shall be issued upon application to the
' clerk-administrator and payment of such fee as is required
from time to time by the council in a resolution adopted
thereby. (Ord. No. 198, § 2, 6-27-77; Ord. No. 217, § 2,
12-29-80)
Sec. 5-48. License tag nontransferable.
No owner of any dog shall transfer its license tag or place
or permit to be placed such tag upon any other dog than the
one for which such tag was originally issued. (Ord. No. 198,
§ 5, 6-27-77)
Sec. 6-49. Rabies vaccination required prior to issu-
ance of license.
Before any license shall be issued for any dog, the
applicant for such license shall furnish a certificate from a
licensed veterinarian that such dog has received a rabies
vaccination within one year. (Ord. No. 198, § 14, 6-27-77)
Sec. 5-50. License and vaccination tags to be affized
to dog collar.
Every owner of a dog of more than six (6) months of age
shall at all times place and keep around the neck of such
dog a collar upon which shall be securely affiged the metal
tag license provided for in section 5-46 hereof and a rabies
vaccination tag issued within the last two (2) years. (Ord.
No. 198, § 3, 6-27-77)
Sec. 5-51. Counterfeit tags. ,
No person shall make, sell or purchase any false or I
counterfeit license tag, or place or permit to be placed any
Supp. No. 3
252
r
I
ANIMALS AND PETS § 5-58
such false or counterfeit tag on any dog owned or kept by .
him. (Ord. No. 198, § 4, 6-27-77)
Sec. 5-62. Records to be kept by city.
The city shall maintain in books provided for such
purpose a record of all licenses and tags issued, with the
name and residence of the person(s) to whom the same was
issued, and the number designated upon the metal license
tag. (Ord. No. 198, § 6, 6-27-77)
Secs. 5-53-5-55. Reserved.
DIVISION 3. CITATIONS AND IMPOUNDMENT
Sec. 5-66. Authority to impound, issue citations.
Any dog found in violation of the provisions of this article
may be seized and impounded by any police officer or any
dog control agent of the city; provided, however, that if the
owner of such animal is known or can be ascertained from
available information, it shall be returned to its owner and a
citation for such violation shall be isaued to the owner or
keeper of such animal [unless otherwise provided in this
article]. (Ord. No. 198, § 9, 6-27-77)
Sec. 5-57. Place of impoundment.
Impoundment may be in such animal shelter, within or
without the city, as the council from time to time may
designate by resolution as the "city pound." (Ord. No. 198, §
9, 6-27-77)
Sec. 5-58. Notice to owner.
The owner of any dog impounded under the provisions of
this division, if his identity and location can be obtained by
reasonable means, shall be notified within twenty-four (24)
hours that his dog has been impounded. (Ord. No. 198, § 9,
6-27-77)
i Supp. No. 1 253
I
i
§ 5-59 ABDEN HILLS CODE
Sec. 5-59. Redemption by owner; fee.
Any dog impounded pursuant to the provisions of this
division may be redeemed from the pound by the owner
thereof within five (5) days after such impoundment upon
payment to the clerk-administrator of such impoundment
fee as has been from time to time established by the city
council by resolution, plus the licenae fee required purauant
to section 5-47 hereof in the event the dog is not licensed.
(Ord. No. 198, § 9, 6-27-77)
Sec. 5-60. R,elease.
Upon the presentation of proof of a valid license for such
~ dog and payment of the fees provided in the previous section
hereof, the poundkeeper shall release the dog to ita owner.
The poundkeeper shall further take such steps as are
necessary to cause the owner of the dog to be charged vvith
any violation of this article which gave rise to the
impoundment of the dog. (Ord. No. 198, § 9, 6-27-77)
Sec. 5-61. Redemption by person other than owner.
If the owner of any dog impounded under this division
shall fail to redeem such dog within five (5) clays after its
impoundment, not including Sunday or holidays, any other
person may, upon complying with the provisions of this
division, redeem such dog from the pound and be the lawful
owner of such dog thereafter. If the dog has been requested
by a licensed educational or scientific institution under
Section 35.71 of Minnesota Statutes, then it shall be given to
such institution and ahall not be sold. (Ord. No. 198, § 9,
, 6-27-77)
Sec. 5-62. Disposition of unredeemed dogs.
All dogs impounded under thia division which have not
been redeemed or purchased as authorized hereby may be
disposed of in a humane manner by the poundkeeper or any
police officer. (Ord. No. 198, § 9, 6-27-77)
3upp. No. 1
254
~
_ . ~
ANIMALS AND PETS § 5-68
Sec. 6-63. Interference with officers.
I It shall be unlawful for any unauthorized person to break
open the paund or to attempt to do so, or to take or let out
any dogs therefrom, or to take or attempt to take from any
~ officer any dog taken by him in compliance with this
article, or in any manner to interfere with or hinder such
I , officer in the discharge of hia duties under this article. (Ord.
No. 198, § 10, 6-27-77)
I Secs. 5-64, 5-65. fteserved.
I DIVISION 4. KENNELS
I ` Sec. 5-66. Permit required.
It shall be unlawful for any person to operate a dog
kennel in the city without firat having obtained a kennel
I permit. The holder of a kennel permit shall not be required
to register each individual dog kept in said kennel. (Ord.
I No. 198, § 16, 6-27-77)
Sec. 6-67. Duration; nontransferability.
I Kennel permits shall be for a period of one calendar year
or for the portion of the calendar year following the date of
I the application, and shall be nontransferable. (Ord. No. 198,
§ 16, 6-27-77)
I Sec. 5-68. Standards for issuance.
No kennel permit ahall be issued unless at the time ,
I application is made the owners of property adjoining the
applicant's property ahall have consented in writing to such '
I use, nor shall a kennel permit be issued until after the
premises whereon the kennel is to be located have been
inspected by the city health officer and approved as suitable ,
I for such purposes. In no event shall a kennel permit be
issued unless the property whereon the kennel is to be
located is properly zoned therefor in accordance with the '
city zoning ordinance. (Ord. No. 198, § 16, 6-27-77)
3upp. No. 1 255
_
§ 5-69 ARDEN HILLS CODE
Sec. 5-69. Sanitation standards; revocation of per-
mit.
Any person operating a dog kennel shall keep such kennel
at all times in a clean and sanitary condition and shall not
permit the same to become a nuisance by reason of
uncleanlinesa or noise, and his failure to do so shall be
cause for revocation of his permit. The city health officer
may revoke a kennel permit at any time for violation of this
section but shall firat give the permittee ten (10) days'
written notice of such revocation. (Ord. No. 198, § 16,
6-27-77)
3upp. No. 1 256 IThe neat pege is 3051
~
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I
Chapter 6
I BUILDINGS*
I Art. I. In General, 6-I-6-15
Art, U. Codes, 6-16-6•30
I Art, III. Inspectors, 6-31-6-58
Art. iV. Permita, 6-80,-6-111
Div. 1. Generally, 6-60-6•83
i Div. 2. Fees, 6-84-6-111
Art. V. Inspections, 6•112-6-143
Div. 1. Generally, 6-112-&127
Div. 2. Certificates of Occupancy, 6-128-6-143
Art. VI. Licensea, 6-144-6-160
Art. VII. Water Wella, 6-161-6•197
Div. 1. GeneraIly, 6-181-6-191
Div. 2. Permit, 6-172-6•182
Div. 3. Location, Construction, 6-183-6-197
ARTICLE I. IN GENERAL
Sec. 6-1. Violations.
It shall be unlawful for any person to erect, construct, enlarge,
alter, repair, move, improve, convert, demolish, equip, use, oc-
cupy or maintain any building or structure in the city or cause
the same to be done contrary to or in violation of any of the
provisions of this chapter. (Ord. No. 191, § 14, 8-11-75)
Secs. 6-2-6-15. Reserved.
I
*Cross referencea-Excavations, Ch. 8; fre protection and prevention, Ch. 9; ~
i mobile homes, Ch. 14; planning and zoning, Ch. 20; signs, Ch. 21; subdivisions,
Ch. 22; swimming pools, Ch. 23; utilities, Ch. 28. ' ~
State law references-Authority to regulate buildings, M.S.A. § 412221(38);
, building line easements, building regulations, and haaardous buildings, M.S.A.
Ch. 463.
, supp. No. 22 305
I
I
§ 6-16 ARDEN HILLS CODE
- AR.TICLE II. CODES
Sec. 6-16. Building code.
(a) The state building code (as adopted and hereafter amended
by the Commissioner of Administration pursuant to M.S. 16B.59
to M.S. 16B.73, including UBC Appendix Chapters 26, 38, 55 and
70) is hereby adopted as the building code for the city and is
incorporated herein by reference.
(b) There shall be at least three (3) copies of the building code
in the office of the clerk administrator. Whenever the state
building code, or the Uniform Building Code which is a part
thereof, is revised or amended, three (3) copies of each said amend-
ment shall be substituted for the original provisions and become
part of the official copies on file with the clerk administrator.
(Ord. No. 191, § 2, 8-11-75; Ord. No. 222, § 1, 10-13-81; Ord. No.
279, 4-8-91)
Sec. 6-17. Amendments.
The building code adopted by the provisiona of this article
is hereby amended, altered and changed in the following
respects:
D. Appendix D, entitled "Organization and Enforcement,"
of the building code is hereby deleted in its entirety. (Ord.
No. 191, § 3, $-11-75)
E. Appendix E, entitled "Permyts and Inspections," of the
building code is hereby deleted in its entirety. (Ord. No.
191, § 3, 8-11-75)
Sec. 6-18. Unsafe buildings.
All buildings, structures or premises which are atructural-
ly unsafe or not provided with adequate egresa, or which
constitute a fare hazard, or are otherwise dangerous to
human life, or which in relation to esisting use constitute a
hazard to safety or health, or public welfare, by reason of
inadequate maintenance, dilapidation, deterioration, obao-
lescence, fire hazard, disaster damage, or abandonment, as
specified in this chapter or the provisions of any other
Supp. No. 22 306
BUILDINGS § 6-18
applicable ordinance of the city, are, for the purposes of this
section, unsafe buildings. All such unsafe buildings are
hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition, or removal in accord-
ance with the procedure specified in chapters 4 through 9 of
the Uniform Code for the abatement of dangerous buildings
or by any other procedurea provided by law. (Ord. No. 191, §
8, 8-11-75)
Supp. No. 22 306.1
BUILDINGS § 6-33
- Secs. 6-18-6-30. R,eserved.
I
~ ARTICLE III. INSPECTOR,S
, Sec. 6-31. Appointment; deputies.
The city council ahall at its first meeting in each calendar
year appoint a building inspector, an electrical inspector, a
plumbing inspector, a heating inspector and a landscaping
inspector, each of whom shall serve at the will and pleasure
of the city council. The city council may from time to time
appoint at least one deputy for each said inspector who
shall serve as an assistant to said inspector at the will and
pleasure of the city council. (Ord. No. 191, § 4, 8-11-75)
Sec. 6-32. Qualifications-Building.
The building inapector shall have a thorough understand-
ing of the atate building code, in particular the Uniform
Building Code, as amended, and of the provisions of this
chapter and all other ordinances which he ia charged with
enforcing and administrating; shall have at least five (5)
years' experience as a building inspector, architect, struc-
tural engineer, or a construction superintendent; and muat
be certified by the state. (Ord. No. 191, § 5(a), 8-11-75)
Sec. 6-33. Same-Electrical.
The electrical inspector ahall be a competent electrician
who shall have at least two (2) years' egperience as
journeyman or master electrician; ahall be well versed in
approved methods of electrical construction, the provisions
of the state building code relating to electrical work, the
provisions of this chapter and all other ordinances which he
is charged with enforcing and administrating, the rules and
regulations of the Minnesota Industrial Commission, and
the rules and regulations of the National Electrical Safety
Code; and ahall be licensed as an electrician pursuant to
pertinent subdivisions of M.S.A. Section 326.242, as amend-
~ ed. (Ord. No. 191, § 5(b), 8-11-75)
307
i
§ 6-34 ARDEN HILL5 CODE
Sec. 6-34. Same-Plumbing.
The plumbing inspector shall be a competent plumber who
shall have at least two (2) years' experience as a
journeyman or master plumber; shall be well versed in
approved methods of plumbing installation and inspection,
the provisions of the state building code relating to
plumbing work and the provisions of this chapter and all
other ordinances which he is charged with enforcing and
administrating, and the rules and regulations of the
Minnesota Industrial Commission; and shall be licensed as
, a plumber pursuant to pertinent provisions of M.S.A. Section
326.37 et seq., as amended, and regulations promulgated by
, the State Board of Health. (Ord. No. 191, § 5(c), 8-11-75)
Sec. 6-35. Same-Heating.
The heating inspector shall have a general knowledge of
I all types of heating apparatus, equipment and installation
and shall be well versed in approved methods of heating
inspection, the provisions of the state building code relating
to heating and the provisions of this chapter and other -
ordinances which he ia charged with enforcing and
administrating. (Ord. No. 191, § 5(d), 8-11-75)
Sec. 6-36. Same-Landscape.
' The landacape inspector shall have at least two (2) yeara'
experience as a landscape architect, nuraeryman, or
horticulturist and shall be well versed in varietiea of plant
materials and their proper implantation, arrangement and
maintenance. (Ord. No. 191, § 5(e), 8-11-75)
Sec. 6-37. Same-Deputies.
Each deputy inspector appointed by the city council shall
have the same qualifications as those establiahed for the
inspector for whom he was appointed to serve as an
assistant; provided, however, that the city council may
waive such of those qualifications as it deems advisable and
in the public intereat. (Ord. No. 191, § 5(t), 8-11-75)
308
i
BUILDINGS § 6-41
Sec. 6-38. Conflict of intereat.
No inspector, or his deputy, ahall have afinancial interest
in any concern engaged in a business within the city and
within his respective field. (Ord. No. 191, § 7(k), 8-11-75)
Sec. 6-38. Enforcement and administration.
Each inspector, and his deputy, is hereby authorized and
directed to enforce and administer all the provisions of this
chapter and the provisions of any other city ordinance in
his respective field. For such purpose, each inspector, and
his deputy, shall have the powers of a police officer. (Ord.
No. 191, § 7(a), 8-11-75)
Sec. 6-40. fteports and records.
(a) Each inspector shall submit a written report to the
clerk-administrator not less than once a year, covering his
work during the preceding period. He shall incorporate in
said report a summary of his recommendationa as to
desirable amendments to this chapter and any other
ordinances of the city. Each inspector shall keep accurate
written records of his work.
(b) The clerk-administrator may require each inspector to
make written reporta on a regular and recurring basis. The
clerk-administrator shall keep a permanent, accurate
account of all fees and other moneys collected and received
under this chapter, the names of persons upon whose
account the same were paid, the date and amount thereof,
together with the location of the building or premises to
which they relate. (Ord. No. 191, § 7(b), 8-I1-75)
Sec. 6-41. Bight of entry.
i
(a) Whenever necessary to make an inapection to enforce
any of the provisiona of this chapter or the provisions of any
other applicable ordinance of the city or whenever an
inspector, or his deputy, has reasonable cause to believe
that there egists in any building or upon any premises, any
condition which makea such building or premises unsafe as
309
§ 6-41 ARDEN HILLS CODE
defined hereinafter, the inspector, or his deputy, may enter
such building or premises at all reasonable times to inspect
the same or to perform any duty imposed upon him by this
chapter, provided that if such building or premises be
occupied, he shall first present proper credentials and
demand entry; and if such building or premises be
unoccupied, he shall firat make a reasonable effort to locate
the owner or other persons having charge or control of the
building or premises and demand entry. If such entry is
refused, the inspector, or his deputy, ahall have recourse to
every remedy provided by law to secure entry.
(b) No owner or occupant or any other person having
charge, care or control of any building or premises shall fail
or neglect, after proper demand is made as herein provided,
to promptly permit entry therein by the inapector, or his
deputy, for the purpose of inspection and egamination
pursuant to this chapter and the provisions of any other
applicable ordinance of the city. Any person violating thia
' subsection shall be guilty of a misdemeanor. (Ord. No. 191, §
7(c), 8-11-75) .
Sec. 6-42. Judgment.
Each inspector, or his deputy, ahall pasa upon all
~ queations relating to strength, durability, appearance and
general workmanship of the inatallation, work, building,
structure or premises inspected by him. (Ord. No. 191, § 7(d),
8-11-75)
Sec. 6-43. Safety tests.
Each inspector, or his deputy, may make such tests or
order such tests to be made as he may deem necessary to
determine the safety of the condition of any installation,
material, machinery, building, structure, premises or part
thereof which is his duty to inspect pursuant to this chapter
or the provisions of any other applicable ordinance of the
city. (Ord. No. 191, § 7(e), 8-11-75)
310
~
BUILDINGS § 6-47
Sec. 6-44. Mandatory repairs.
Each inspector, or his deputy, may cause the repair or
reconstruction of any installation, material, machinery,
strueture, building, premises or part thereof which is
dangerous or unsafe to persons or property, and the cost
thereof may be recovered by the city from the owner. (Ord.
No. 191, § 7(f), 8-11-75)
Sec. 6-45. Stop orders.
Whenever any building work ia being done contrary to the
provisions of this chapter or the provisions of any other
applicable ordinance of the city, the inspector, or his
deputy, within whose juriadiction the work is being done,
may order such work stopped by notice in writing served on
any person engaged in the doing or causing such work to be
done, and any such person shall forthwith stop such work
until authorized by the inspector, or his deputy, to proceed
with the work. (Ord. No. 191, § 7(g), 8-11-75)
Sec. 8-46. Occupancy violations.
Whenever any building, structure or premiaes are being
used contrary to the provisiona of this chapter or the
' provisiona of any other applicable ordinance of the city, the
, building inspector, or hia deputy, may order such use
discontinued and the building, atructure or premisea, or
i portion thereof, vacated by written notice served on any
person causing such use to be continued. Such person ahall
discontinue the use within ten (10) days after receipt of such
~ notice or make the structure, or portion thereof, comply with
the requirementa of this chapter and any other applicable
provision of this code; provided, however, that in the event
of an unsafe building the provisiona of section 6-18 shall
apply. (Ord. No. 191, § 7(h), 8-11-75)
Sec. 6-47. Liability.
Each inspector, or hia deputy, charged with the adminis-
tration and enforcement of thia chapter and the provisions
of any other applicable ordinancea of the city, acting in good
311
I
§ 6-47 ARDEN HILLS CODE
' faith and without malice for the city in the diacharge of his
duties, shall not thereby render himself liable personally,
and he is hereby relieved from all personal liability for any
damage that may accrue to persons or property as a result
af any act required or by reason of any act or omission in
the discharge of his duties. Any suit brought against an
inspector,, or his deputy, because of such act or omisaion
performed by him in the enforcement and adminiatration of
any provisiona of thia chapter and any other applicable
provisions of this Code, shall be defended by the city
attorney until final termination of the proceedings. (Ord.
No. 191, § 7(i), 8-11-75)
Sec. 6-48. Cooperation of inspectors and other offi-
cials.
I Each inspector, or his deputy, may requeat and shall
receive so far as may be necessary in the discharge of his
duties, the asaistance and cooperation of other inspectors,
their deputiea, and other officials of the city. (Ord. No. 191, §
7(j), 8-11-75)
Secs. 6-49-6-58. Reserved.
ABTICLE IV. PERMITS
DIVISION 1. GENERALLY
Sec. 6-60. Required.
(a) Building: No person shall erect, construct, enlarge,
I alter, repair, remove, convert or demolish any building or
atructure in the city or cause the same to be done without
, first obtaining a separate building permit for each such
building or structure from the building inapector, or his
i deputy.
(b) Other permits: No person ahall construct, enlarge,
alter, repair, remove, convert, and install any plumbing,
~ gas, heating, air conditioning, refrigeration, and electrical
equipment, apparatus, appliances. motors, figturea, or
312
1
-
`
BUILDINGS § 6-63
devices, parking lots, fences, sidewalks and driveways
without firat obtaining a permit therefor from the particular
inspector, or his deputy, under whose jurisdiction the permit
is required. (Ord. No. 191, § 9(a, b), 8-11-75)
Sec. 6-61. State licenses.
Before any permit is issued under the provisions of this
article the applicant therefor shall present his license to
engage in such work issued by the state, if required by the
state, or by the city. (Ord. No. 191, § 9(b), 8-11-75)
Sec. 6-62. Insurance.
Before an
y permit shall be issued under the provisions of'V E.qtl ,FrI
this article, for plumbing work, the applicant therefor shall vY~~
present evidence of liability insurancei'of at least twenty-five
thousand dollars ($25,000.00) per person, one hundred
thousand dollars ($100,000.00) per accident and twenty-five
thousand dollars ($25,000.00) property daxnage. '
Sec. 6-63. Exceptions.
Permits shall not be required for construction, repair,
remodeling, alteration, and maintenance work having a
probable cost of less than six hundred dollars ($600.00);
provided, however, that this provision shall in no event be
applicable to electrical, gas and heating work and water and
sewer connections; to proposed work which will alter the
structural framework of the existing building or structure;
and to work for which permits are specifically required by
other portions of this chapter or other provisions of any
other applicable ordinance of the city. The "probable cost"
of the proposed work shall be based on the costs of the
materials at retail outlets in the Twin Cities area at the time
in question, plus the probable labor costs as determined in
accordance with costa for hired labor in the garticular trade
in the Twin Cities area at the time in question. (Ord. Na
191, § 9(c), 8-11-75)
~ 313
i
.
§ 6-64 AADEN HILLS CODE
Sec. 6-64. Applications.
To obtain a permit as requirecf by this article, the
' applicant shall first file with the clerk-administrator an
application therefor in writing on a printed form furniahed
for such purpose. Every such application for a building
permit shall and every such application for any other
permit may (in the discretion of the particular inspector, or
his deputy, under whose jurisdiction the application is being
~ made): .
(a) Identify and describe the work to be covered by the
permit for which application is made;
(b) Describe the land on which the proposed work is to be
done, , by lot, block, tract, and house and street
~ address, or a similar deacription that will readily
' identify and definitely locate the proposed building or
work;
I ' (c) Show the use or occupancy of all parts of the
building;
(d) Be accompanied by plans and specifications as
required in the next succeeding subsection hereof;
(e) State the valuation of the proposed work;
(f) Be signed by the applicant, or his authorized agent,
who may be required to submit evidence to indicate
such authority; and
(g) Give such other information as reasonably may be
I required by the inspector, or his deputy, under whose
~ jurisdiction the application is being made. (Ord. No.
191, § 9(d), 8-11-75)
I
Sec. 6-65. Plans and specifications may be required.
(a) With each application for a building permit, and when
required by the particular inspector, or his deputy, under
whose jurisdiction the application for any other type of
permit is being made, two (2) sets of plsns and specifica-
tions shall be submitted along with such application. The
314
~
i
~
~ BUILDINGS 16-66
I
building inspector may require such plans and specifications
i to be prepazed and designed by an engineer or architect
licensed by the state to practice as such.
(b) Notwithstanding the previoua paragraph of . thia
section to the contrary, and when authorized by the building
inspector, plans and apecifications need not be submitted for
the following:
(1) One-atory buildings of Type V conventional woodatud
conatruction with an area not eaceeding sig hundred
(600) square feet; .
(2) Group M, Division 1, Occupanciea of Type V
conventional woodstud conatruction; and
(3) Work small and unimportant in his estimation. (Ord.
No. 191, § 9(e), 5-11-75) '
Sec. 6-66. Information on plane snd specfflcations.
(a) If required, plans and apecifications ahall be drawn to
scale upon substantial paper or cloth and ahall be of
sufficient clarity to indicate the nature and estent of the
work proposed and show in detail that it will conform to the
provisions of this chapter, the provisions of any other
applicable ordinancea of the city and all other relevant
laws, rules and regulations. The first sheet of each set of
plans and apecifications ahall give the house and atreet
address of the work and the name and addresa of the owner
and person who prepared them. Plans and specifications
shall include a plot plan showing the location of the
proposed building and of every eaisting building on the
property. In lisu of detailed specifications, the building
inspector, any other inspector, or their respective deputiea,
may approve referencea on the plans to a specific section or
part of this chapter, the provision(s) of any other applicable
ordinance, the state building code or other relevant laws or
rules and regulations.
(b) Computations, stress diagrsms, and other data suffi-
cient to ahow the correctness of the plans, shall be
sapa xo. 2
31fi '
I
~ 6-66 ARDEN HILLS CODE
submitted when required by the building inapector, other
inspectors, or their respective deputies. (Ord. No. 191, § 9(f),
8-11-75)
Sec. 6-67. Issuance.
The application and plans and specifications (if required)
filed by an applicant for a permit shall be checked by the
inspector, or his deputy, under whose jurisdiction the
application has been made. Such application and plans and
specifications shall also be reviewed by other departmenta,
officials, commisaions and committeea. of the city to check
compliance with the provisions of this chapter and the
provisions of any other applicable ordinances under their
jurisdiction. If the particular inspector, or his deputy, is
satisfied that the work deacribed in an application for a
permit and the plan$ and specifications filed therewith
conform to the requirements of this chapter, the provisions
of any other applicable ordinances, and other pertinent lawa
and rules and regulations, and the fee therefor specified
hereinbelow has been paid, he shall issue the permit to the
applicant except as otherwise provided in section 6-69 or
6-70. (Ord. No. 191, § 9(g), 8-11-75)
Sec. 8-68. Zoning considerations.
No building permit for the erection, conatruction or
enlargement of a building or atructure other than a single-
family residence ahall be issued by the building inspector
until the applicant has followed the proper procedures with
respect thereto set forth in the zoning ordinance and he has
been suthorized to iasue the same by the city council. (Ord.
No. 191, § 9(h), 8-11-75)
Sec. 6-69. Landscape performance and guarantee
bond or letter of credit.
(a) In a case where acreening, landscaping or other
egterior improvernent to property other than the principal
building itself is required by any other applicable provisions
of this Code, plans and apecificationa as approved for
building or other use of the property, or appropriate council
Bupp. No. 2 316
I
I
i
BUILDING3 § &70
resolution, a performance bond or letter of credit shall be
required as a condition precedent to the issuance of the
building permit. The amount of such bond or letter of credit
shall be determined by the council; provided, however, that
in no event shall the council require a bond or letter of
credit lesa than one hundred twenty-five (25) per cent of the
required improvement as estimated by the landacape
inspector or other inspector under whose jurisdiction the
improvement falls, or their reapective deputies. Said bond or
letter of credit shall be approved by the city attorney as to
sufficiency, form and eaecution. In requiring said bond or
letter of credit, the council shall stipulate the time within
which the performance being bonded or assured is to be
carried out.
(b) Where the subject of the performance bond or letter of
credit has been the installation or placement of landscaping
or screening, said bond or letter of credit shall not be
released, converted or reduced, until the inspection and
reporting requirements of section 6-116(b) hereof have been
fulfilled, and the permittee has posted with the city (or has
converted the esisting letter of credit) a guarantee or
, maintenance bond or letter of credit, approved by the city
attorney as to sufficiency, form and esecution, which
guarantees to the city that said Iandscaping or acreening
~ shall be mainteined and be free from disease, defect and
, death for a period of at least one (1) year from the date of
the city's approval of said landscaping, the duration of said
~ bond or letter of credit to be as determined by the city
i council. In no event shall the amount of said bond or letter
, of credit be greater than one hundred (100) per cent of the
actual cost of the landacaping or acreening improvement
~ (i.e., labor and materials incorporated therein) as determined
~ by the landscape inspector or other inspector under whose
jurisdiction the improvement falls, or their respective
deputies. (Ord. No. 191, § 9(i), 8-11-75; Ord. No. 211, § 1,
12-27-79)
Sec. 6-70. Endorsement oi plane, speciiieations.
When the appropriate inspector issues the permit, he shall
endorae in writing or stamp on both sets of plans and
I 3npp. Na 2 317
~ _
g 8-70 AR,DEN HII.IS CODE
specifications (if required) by the word "Approved." Such .
apprqved plans and specifications shall not be changed,
, modified or altered without authorization from such
inspector, and the city council in the event the city coruncil
' originally approved such plans and specifications, and all
work shall be done in accordance with approved plans and
i specificationa. (Ord. No. 191, § 9(j); 8-11-75)
' Sec. 6-71. R.etention of plaas.
~ (a) One set of approved plans, specifications and compu-
tations shall be retained by the appropriate inspector for a
period of not lesa than ninety (90) days from the date of the
completion of the work covered therein, and one set of
approved plans and specifications ahall be returned to the
applicant, which set shall be kept on the premisea on which
the work is being performed at all timea during which the
work suthorized thereby is in progress.
(b) Plans, submitted for checking, for which no permit is
issued, and on which no action ia taken by the applicant for
ninety (90) days, ahall be returned to the last known address
of the applicant. To renew action on said plans, a payment
of a new plan-check fee shall be required. (Ord. No. 191, §
i 9(k), 8-11-75)
Sec. 6-72. Isauance for portion of building.
' The building inapector may iasue a permit for the
conatruction of part of a building or structure before the
entire plane and specifications for the whole building or
atructure have been submitted or approved provided
adequate information and detailed statements have been
filed complying with all pertinent requirementa of this
chapter, the provisions of any other applicable ordinancea
of the city, and any other laws and rules and regulations
relevant thereto. The holder of such permit ahall proceed at
his own risk without assurance that the permit for the entire
builcling or structure will be granted. (Ord. No. 191, § 9(1),
8-11-?5)
3npp. No. 2 318
I
Sec. 6-73. Validity. BUILDING3 § 6-75
(a) The issuance or granting of a building permit or
approval of plans and specifications shall not be construed
to be permit for, or an approval of, any violation of any of
the provisiona of this chapter, the provisions of any other
applicable ordinance of the city, and any other laws and
rules and regulations applicable thereto. No permit pre-
auming to give authority to violate or cancel the provisions
of this chapter, the provisiona of any other applicable
ordinances of the city and any laws and rulea and
regulations applicable thereto, ahall be valid, except insofar
as the work or use which it authorizes is lawful.
(b) The issuance of a permit based upon plsns and
specifications shall not prevent an inspector, or his deputy,
from thereafter requiring the correction of errors in said
plans and specificationa or from preventing the work being
carried on thereunder when in violation of this chapter, the
provisions of any other applicable ordinances of the city, or
any other laws and rules and regulations applicable thereto.
(Ord. No. 191, § 9(m), 8-11-75)
8ec. 6-74. Display.
The permit posting card issued with the permit ahall be
poated and conspicuously displayed at the job location. In
the event a permittee fails so to post and display such card,
the inspector, or his deputy, shall order the stoppage of any
work being done pursuant to such permit. Upon the issuance
of such an order, such permit shall be suspended untiI the
card is properly posted and displayed and a fee of ten
dollars ($10.00) shall have been paid. (Ord. No. 191, § 9(n),
8-11-75)
Sec. 6-75. Eacpiration.
(a) Every permit issued under this article shall expire by limi-
' tation and become null and void if the work authorized thereby is
not commenced within one hundred twenty (120) days from the
date of such permit, or if the work authorized thereby is sus-
pended or abandoned at any time after work is commenced for a
Supp. No. 17 319
~
§ 6-75 ARDEN HILLS CODE
period of one hundred twenty (120) days. Moreover, in the case of
a permit issued hereunder for the new construction of a one- or
two-family dwelling, such permit shall expire and become null
and void if the dwelling is not completed by the end of two (2)
years from the date of issuance of the permit; and in the case of
one issued hereunder for the construction of additions, alterations
or improvements to existing one- or two-family dwellings, and/or
accessory structures thereto, such permit shall expire and be-
come null and void if the addition, alteration or improvement is
not completed by the end of one (1) year from the date of issuance
of the permit.
(b) The term "completed," as used in subsection (a) above,
shall mean and include:
(1) Completion of all visible exterior construction;
(2) Painting, staining or other exterior finishing;
(3) Finishing of driveways and walks;
(4) Removal of construction materials, equipment, debris and
excess earth;
(5) Placement of topsoil, finish grading and sodding or seeding
of all lawn areas; and
(6) Finish grading of any swales within the established drain-
age easements necessary to accommodate natural drain-
age of adJ'acent ProPerties.
(c) The foregoing time limits may be extended by the city
council, provided that a written application for such extension is
submitted to the clerk-administrator or inspector under whose
jurisdiction the permit falls prior to the date on which the permit
would otherwise expire. The application for such extension shall
state reasons for the requested extension. (Ord. No. 191, § 9(0),
8-11-75; Ord. No. 251, § 1, 1-3-89)
Croas reference-Certificate of occupancy required, § 6-128.
Sec. 6-76. Suspension or revocation.
Any permit issued under this article is subject to
suspension or revocation by the city cour.cil or the
particular inspector under whose jurisdiction it was issued if
Supp. No. 17 320
1
~
BUILDINGS § 6-85
there is any unapproved deviation from the work as outlined
in the application or in approved plans and specifications.
Any such deviation, if under consideration by the council,
may be referred by the council, prior to its determination, to
the planning commission for study and recommendation.
Any permit is also subject to suspension or revocation
whenever it is issued in error or on the basis of incorrect
information supplied to the city or whenever such permit
violates the provisions of any other applicable ordinances of
the city, or any other applicable laws, rules and regulations.
(Ord. No. 191, § 9(p), 8-11-75)
Secs. 6-77-6-83. R,eserved.
DIVISION 2. FEES
Sec. 6-84. Building permit.
(a) The fee for each particular building permit shall be as
required in a resolution from time to time adopted by the
council and shall be based upon the value of the structure to
be constructed. The fee shall be paid to the clerk-adminis-
trator.
(b) The determination of value or valuation under any of the
provisions of this chapter shall be made by the building inspec-
tor. The valuation to be used in computing the permit and plan-
check fees shall be the total value of all construction work for
which the permit is issued, as well as all finish work, painting,
roofing, electrical, plumbing, heating, air-conditioning, elevators,
fire-extinguishing systems and any other permanent work or
permanent equipment. (Ord. No. 191, § 10(a), 8-11-75; Ord. No.
217, § 3, 12-29-8Q)
Sec. 6-85. Plan-checking fees.
(a) When the valuation of the proposed construction exceeds
one thousand dollars ($1,000.00), and a plan is required to be
submitted by section 6-66, a plan-checking fee shall be paid to the
building inspector at the time of submitting plans and specif'ica-
, tions for checking. The plan-checking fee shall be paid to the
clerk-administrator at the time of submitting plans and specifi-
' Supp. No. 17 321
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§ 6-85 ARDEN HILLS CODE
cations for checking. The plan-checking fee for buildings of all
occupancy types, with the exception of buildings of Groups R and
M Occupancies for which there shall be no plan-checking fees
charged, shall be one-half of the building permit fees.
(b) Where plans are incomplete, or changed so as to require
additional plan-checking, an additional plan-checking fee shall
be charged at a rate established by the building inspector.
(c) Any number of buildings may be built from an approved
plan, provided that a building permit is obtained within one
hundred eighty (180) days of the date of approval, and provided
that this chapter shall not have been changed or modified in any
way affecting the plan between the date of such approval and the
subsequent issuance of a permit.
(d) Applications for which no building permit is issued
within one hundred eighty (180) days following the date of
application shall expire by limitation, and plans submitted
for checking may thereafter be returned to the applicant or
destroyed by the building inapector. The building inspector
may extend the time for action by the applicant for a period
not exceeding one hundred eighty (180) days upon written
request by the applicant showing that circumstances beyond
' the control of the applicant have prevented action from
being taken. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a
new plan-checking fee. (Ord. No. 191, § 10(b), 8-11-75)
Sec. 6-86. Reinspection fee.
, Except as elsewhere provided herein to the contrary,
whenever it becomes necessary for any inspector, or his
deputy, to reinspect any work found to be faulty or defective
during an earlier inspection, such reinspection fee as is
required in a resolution from time to time adopted by the
council shall be paid by the permittee. (Ord. No. 191, § 10(c),
8-11-75; Ord. No. 217, § 4, 12-29-80)
Sec. 6-87. Double permit fees.
Any person who ahall commence work of any kind for
which a permit is required by this chapter, the provisions of
Supp. No. 17 322
~
BUILDINGS § 6-88
any other applicable ordinance of the city or other
applicable laws and rules and regulations without first
obtaining the necessary permit therefor shall, when
subsequently securing such permit, be required to pay
double the fee required for such permit. (Ord. No. 191, §
10(d), 8-I1-75)
Sec. 6-88. Permit fees for miscellaneous construction
permits.
The permit fees. for the following types of miscellaneous
construction permits shall be as from time to time
established by the council in a resolution adopted thereby:
(1) Demolition, wrecking, relocation and moving permits;
(2) Fence construction permits;
(3) Sidewalk, parking lot and driveway construction
permits;
(4) Electrical installation permits;
(5) Plumbing installation permits;
(6) Gas installation, alteration or addition permits;
(7) Gas and oil burner installation, alteration or repair
permits;
(8) Steam, hot water or warm air heating installation,
addition or alteration permits;
(9) Incinerator installation permits;
(10) Air conditioning and refrigeration installation, alter-
ation and repair permits;
(11) Ventilation installation, alteration or repair permits;
and
(12) Sheet metal installation permits. (Ord. No. 191, § 10,
8-11-75; Ord. No. 217, § 5, 12-29-80)
Note-See the editor's note following § 6-89.
Supp. No. 17 323
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§ 6-89 ARDEN HILLS CODE
Sec. 6-89. Landscaping and screening inspection
fees.
Where screening, landscaping, planting or other exterior
I improvement to property other than the principal building
itself is required, the permittee shall be required to pay such
landscape inspection fee as is established from time to time
by resolution adopted by the council. (Ord. No. 191, § 11(i),
8-11-75; Ord. No. 217, § 7, 12-29-80)
Editor's note-Section 6 of Ord. No. 217, enacted Dec. 29, 1980, repealed
former 6-89-6-99, and § 7 of said ordinance renumbered former § 6-100 as new
§ 6-89. Former 6-89-6-99 set out permit fees for the subjects listed in §
6-88(2)-(12), and prior to amendment by § 5 of Ord. No. 217, § 6-88 set out permit
fees for the subjects listed in (a) of § 6-88. The repealed provisions 6-89-6-99)
derived from Ord. No. 191, § 10(fl-4p}, enacted Aug. 11, 1975 and Ord. No. 205, §
1, enacted Sept. 11, 1978 and, with the exception of § 6-89 mentioned.above, are
reserved for future use.
8ecs. 6-80-6-111. Reserved.
Note-See the editor's note following § 6-89.
I
Supp. No. 17 [The next page is 3291
324
~
$UILDINGS 46-114
AItTICLE V. INSPECTIONS
DIVISION 1. GENERALLY
Sec. 6-112. R.equired.
(a) All construction or work for which a permit is required
shall be subject to inspection by the appropriate inspector in
the manner and at the stages specified for each such
I inspector in the applicable code made a part of and
incorporated in the state building code. Certain typea of
construction shall have continuous inspection as apecified in
section 6-118.
(b) A survey of the lot may be required by the building
inspector to verify compliance of the structure or building
. with approved plans and specifications. (Ord. No. 191, §
11(a), 8-11-75)
Sec. 6-113. Inspection record card.
Work requiring a building permit shall not be cornmenced
until the permittee or his agent shall have posted an
inspection record card in a conspicuous place on the front of
the premises and in such position as to allow the building
inspector and other inspectors conveniently to make the
required entries thereon regarding inapection of the work.
This card shall be maintained in such position by the
permittee until the certificate of occupancy has been issued.
(Ord. No. 191, § 11(b), 8-11-75)
Sec. 6-114. Approvals required.
No work shall be done on any part of the building or
structure beyond the point indicated in each successive
inspection without first obtaining the written approval of
the building inspector or other inspector under whose
jurisdiction the work ia being performed. Such written
approval shall be given only after an inspection ahall have
been made of each successive step in the construction as
~ indicated by each of the inspectiona required in applicable
329
(
§ 6-114 ARDEN HILLS CODE
codes made a part of and incorporated in the state building
code or as specifically set forth in this chapter. (Ord. No.
191, § 11(c), 8-11-75)
Sec. 6-115. Required inspections.
The building inspector, upon notification from the
permittee or his agent, shall make the following inspectiona
and shall either approve that portion of the construction as
completed or shall notify the permittee or his agent wherein
the same fails to comply with this chapter, other applicable
provisions of this Code, and any other applicable laws and
rules and regulations:
(a) Foundation: To be made after trenches are egcavated
and forms are erected and when all materials for the
foundation are delivered on the job. Where concrete
from a central mixing plant (commonly termed
"transit miged") is to be used, materials need not be
~ on the job.
(b) Frame: To be made after the roof, all framing,
fire-blocking, and bracing are in place and all pipes,
chimneys and vents are complete.
(c) Lath and/or wallboard: To be made after all lathing
' and/or wallboard, interior and egterior, is in place;
but before any plaster ia applied or before wallboard
joints and fasteners are taped and finished; provided,
, however, that this inspection may be omitted for
buildinga of Occupancy Groupa I and J. (Ord. No. 191,
I § 11(d), 8-11-75)
Sec. 6-116. Other inspections.
(a) In addition to the called inapectiona specified above,
the building inapector may make or require any other
inspections of any construction work to ascertain compli-
ance with the provisions of this chapter, the provisions of
any other applicable ordinancea of the city, and any other
laws and rules and regulations. For the purpose of
determining compliance with section 104(h) of the Uniform
330
1
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BUILDING3 ; 6-118
Building Code of 1973, the building inspector may cause any
structure or building to be reinspected.
(b) With respect to any screening, landscaping, planting
or other egterior improvements required in connection with
the construction of a principal building for which a
performance bond or letter of credit has been filed with the
city pursuant to section 6-69(a) hereof, the landscape
inspector or other inspector under whose juriadiction the
improvement falls, or their respectivs deputies, shall
conduct such inspections and reinspections as are necessary
to ascertain compliance with the particular plans and
specifications therefor, or requirements of any other
applicable ordinances, resolutions, or special use permits or
other permits of the city relating thereto.
Before said performance bond or letter of credit can be
released, a final inspection by the appropriate inspector, or
his deputy, shall have been made and a written report
containing his final approval of the improvement, stating
the actual cost thereof, and recommending the amount of
any replacement guarantee or maintenance bond or letter of
credit shall have been submitted to the clerk-administrator.
Nothing herein shall be deemed to preclude the appropriate
inspector from making interim inspections and reports noz
the council from allowing interim reductions in the amount
of said performance bond or letter of credit if it deems such
reduction to be advisable. (Ord. No. 191, § 11(e), 8-11-75;
Ord. No. 211, § 2, 12-27-79)
Sec. 8-117. Concealing framework.
I Reinforcing steel or structural framework of any part of
any building or structure shall not be covered or concealed
without first obtaining the approvr' of the building
inspector. (Ord. No. 191, § 11(d), 8-11-75)
Sec. 6-118. Special inspections.
(a) In addition to the inapectiona to be made as ape:,ified
in this article and in the codes made a part of and
incorporated in the state building code, the permittee or his
Supp. No. 2 331
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~ 6-118 ARDEN HILLS CODE
agent shall employ a special inspector who shall be present
at all timea during construction on the following types of
work:
(1) Concrete. On concrete work wheri the atructural
design is based on a f c in eacesa of 2,000 pounds.
(2) Masonry. On masonry work when required in Chapter
24 of the Uniform Building Code of 1973, as amended.
(3) Welding. On all structural welding.
(4) Reinforced gypsum concrete. On cast-in-place Class B
, reinforced gypaum concrete when it ia being miged or
deposited.
(5) Special cases. On apecial conatruction or work
involving unusual hazards or requiring conatant
I inspection; provided, however, that the building
inspector may waive the requirement for the employ-
ment of a special inapector if he finda that the
construction or work is such that no unusual hazard
exiats.
(b) The specisl inspector shall be a qualified person
approved hy the building inspector. He ahall furniah
' continuous inspection on the construction and work
requiring his employment. He ahall report to the building
inspector in writing, noting all violations of this chapter,
and the provisions of any other applicable ordinance of the
city, and any other applicable laws and rules and
regulations, and other information as required.
(c) Special inspections required by this article ' and
elsewhere in this chapter, shall not be required where the
work is done on the premises of a fabricator approved by the
building inspector to perform such work without special
inspection. The certificate of approval shall be subject to
revocation by the building inapector if it is found that any
work done pursuant to the approval thereof is in violation of
this chapter, the provisions of any other applicable
ordinances of the city and any other applicable laws and
rules and regulations. (Ord. No. 191, § 11(g), 8-11-75)
3app. No. 2 332
BUILDINGS § 6-120
~ Sec. 6-119. Electrical inspections.
~ In addition to and notwithstanding the foregoing provisions
relating to inspections, all electrical inspections shall be subject
I to and governed by the procedures and requirements therefor set
forth in Rules Elec 1 and 2 of Chapter Ol of the Laws and Rules
, Regulating Licensing of Electricians and Inspection of Electrical
Installations, revised July first, 1974, as now constituted and as
, hereafter amended. (Ord. No. 191, § 11(h), 8-11-75)
Sec. 6-120. R,einspections.
(a) A reinspection fee, as provided hereinabove, may be
assessed for each inspection or reinspection when such
portion of work for which inspection is called is not complete
or when corrections called for are not made.
(b) This section is not to be interpreted as requiring
reinspection fees the first time a job is rejected for failure to
comply with the requirements of this chapter, any other
applicable provisions of this code, or any other applicable
laws and rules and regulations, but as controlling the
practice of calling for inspections before the job is ready for
such inspection or reinspection.
(c) Reinspection fees may be assessed when the permit
card is not properly posted on the work site, the approved
plans are not readily available to the inspector, for failure to
provide access on the date for which inspection is requeated,
_ or for deviating from plans requiring the approval of the
building inspector or any other inspector.
(d) To obtain a reinspection, the applicant shall file an
application therefor in writing upon a form furnished for
that purpose, and pay the reinspection fee as provided
hereinabove.
(e) In instances where reinspection fees have been
assessed, no additional inspection of the work will be
performed until the required fees have been paid. (Ord. No.
191, § ll(f), 8-11-75)
I supp. No. 17 333
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§ 6-121 ARDEN HILLS CODE
Sec. 6-121. Final inspections.
There shall be a final inspection and approval of all
buildings and structures when completed and ready for
occupancy. (Ord. No. 191, § 11(c), 8-11-75)
Secs. 6-122-6-127. Reserved.
DIVISION 2. CERTIFICATES OF OCCUPANCY
Sec. 6-128. R,equired.
No building or structure in Groups A, B, E, H and I and Group
R shall be used or occupied, and no change in the existing occu-
~ pancy classification of a building or structure or portion thereof
shall be made until the building inspector has issued a certificate
' of occupancy therefor as provided herein. In no event shall such
certificate be issued until the building inspector has determined
that all construction has been completed, or extension has been
granted by the city council, as required in section 6-75 of this
Code. (Ord. No. 191, § 12(a), 8-11-75; Ord. No. 251, § 2, 1-3-89)
, Sec. 6-129. Change in use.
Changes in the character or use of a building or structure shall
not be made except as specified in Section 502 of the Uniform
Building Code of 1976, as amended. (Ord. No. 191, § 12(b), 8-11-75)
Sec. 6-130. Issuance.
' After final inspection, when it is found that the building or
structure complies with the provisions of this chapter, any other
applicable provisions of this Code and any other applicable laws
and rules and regulations, the building inspector shall issue a
i certificate of occupancy which shall contain the following:
(1) The building permit number.
(2) The address of the building.
(3) The name and address of the owner.
(4) A description of that portion of the building for which
the certificate is issued.
(5) A statement that the described portion of the building
complies with the requirements of this chapter for
Supp. No. 17 334
~
BUILDINGS § 6-131
I group and division of occupancy and the use for which
the proposed occupancy is classified.
~ (6) The name of the building inspector. (Ord. No. 191, §
~ 22(c), 8-11-75)
I Sec. 6-131. Temporary certificate.
i A temporary certificate of occupancy may be iasued by the
building inspector for the use of a portion or portiona of a
Supp. No. 17
334.1
I '
i _
i
BUILDINGS § 6-145
building or structure prior to the completion of the entire
building or structure. (Ord. No. 191, § 12(d), 8-11=75)
Sec. 6-132. Display.
The certificate of occupancy issued under the provisions of
this division shall be posted in a conspicuous place on the
premises and shall not be removed except by the building
inspector. (Ord. No. 191, § 12(e), 8-11-75)
Secs. 6-133-6-143. Reserved.
ARTICLE VI. LICENSES*
Sec. 6-144. Required.
No person shall engage in the city in the businesa of
doing or performing any of the various types of work
hereinafter listed without first obtaining from the city a
license therefor as hereinafter provided. Such prohibited
types of work are as follows, to wit:
(a) The installation, alteration or repair of any heating
system, gas appliance, gas piping, refrigeration or air
conditioning equipment, low or high pressure ateam
systems, or any pressure veasel connected to said
systems or equipment.
(b) The installation, alteration or repair of any gas
heating or refrigeration system or appliances or
devices operated in connection therewith.
(c) The installation, alteration or repair of wells. (Ord.
No. 94, § 2, 6-27-66; Ord. No. 194, § 1, 6-14-76)
Sec. 6-145. Esception.
No license shall be required under the provisiona of this
article where the work is to be performed and is within the
scope or competence of a plumber, electrician, or ateamfitter
duly and currently licensed by the state, or by another
tradeaman duly licensed therefor by the state. (Ord. No. 94, §
3, 6-27-66)
'Croea reference-License fee, § 13-48.
335
§ 6-146 ARDEN HILLS CODE
Sec. 6-146. Homeowners.
Licenses required by the provisions of this article shall
not be required where the subject work is to be performed on
a private residence by the resident or the homeowner. (Ord.
No. 94, § 6, 6-27-66)
Sec. 6-147. Application, investigation.
Applications for licenses required by the provisions of this
article shall be submitted to the clerk-administrator on
forms provided by the clerk. Such forms shall require
information from the applicant as to the education, apecial
training, and experience of the applicant in the performance
of the work for which a license is requested. At the
discretion of the clerk-administrator any application may be
referred to the building inspector or other appropriste
inspector for investigation and report as to the apparent
qualifications of the applicant. All aPPlicants must agree to
perform all licensed work in accordance with the lawa of the
state, provisions of this Code and city ordinancea. (Ord. No.
94, § 4, 6-27-66)
Sec. 6-1
48. Bond required.
No license granted under the provisions of this article
shall become effective until the licensee shall have filed with
the clerk-administrator a surety bond in the penal sum of
five thousand dollars ($5,000.00), naming the city as obligee
thereon, and conditioned that the city shall be saved
harmless and indemnified against any loss or damage by
reason of improper or inadequate work performed by the
licensee. In lieu of said bond the licensee may file a
memorandum of public liability and property damage
insurance-))in the amount of at least twenty-five thousand
dollars ($25,000.00) for each injury, one hundred thousand
dollars ($100,000.00) for all injuries, and twenty-five
thousand dollars ($25,000.00) property damage coverage for
accidents resulting from work performed by the licensee in
the city. Said policiea ahall contain a provision that they
will not be cancelled during the term of the license without
336
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I
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BUILDINGS § 6-150
I ten (10) days prior written notice to the city. Cancellation of
~ such insurance shall be sufficient cause for revocation of a
license granted hereunder, unless the licensee supplies other
adequate insurance as provided herein, before the expiration
' of such notice. (Ord. No. 94, § 7, 6-27-66)
' Sec. 6-149. Licensing requirements for electrical wir-
ing.
(a) No peraon shall construct, enlarge, alter, repair,
remove, convert, install, wire or rewire any electrical
equipment, apparatus, light, heat, fixture, or device unless
he is licensed by the state board of electricity as a Class A
Master Electrician or as a Class A Journeyman Electrician,
or, unless he is under the direct on-the-job supervision of
one so licensed, except the owner of a single-family dwelling
residing or planning to reside in such dwelling may inatall
the wiring in such dwelling without a license.
(b) No peraon shall order, direct or instruct a person who
is not properly licenaed by the state board of electricity to
perform electrica] work that requires a license, unlesa such
person so ordering, directing or instructing is properly
licensed by the state board of electricity to perform the work
himself. (Ord. No. 191, § 13, 8-11-75)
Sec. 6-150. Revocation.
' The city council shall have the power to suspend or revoke
~ any license granted under the provisions of this article if
work performed by the licenaee or under the licenae of a
licensee is found to be improper, defective, or so unsafe as to
jeopardize life or property. The council shall give twenty
(20) days notice to the licenaee of intent to suspend or revoke
the license, and sha11 give the licensee an opportunity to be
heard before such revocation or cancellation. All notices
hereunder shall be sent to the address of the licensee as
shown by the city recorda, and the license may be suapended
or revoked five (5) days after the date of the hearing
provided. At the discretion of the council a license may be
suspended until defective or unsafe work is adequately
337
§ 6-150 ARDEN HILLS CODE
repaired, or the license may be revoked outright by the
council. License fees shall not be refunded on suspension or
revocation for cause as provided herein. (Ord. No. 94, § 5,
6-27-66)
Secs. 6-151-6-160. fteserved.
AR,TICLE VII. WATER WELLS*
DIVISION 1. GENERALLY
Sec. 6-161. Definitions.
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to
them:
Drawdown: The change in surface elevation of a body of
water as the result of the withdrawal of water therefrom.
Glacial drift: An assemblage of deposits left by the
melting of an ice sheet or glacier. It is composed of an
accumulation of unatratified material of all sizes which
formed at the margin of the ice.
Grout: A thin mortar consiating of portland cement and
water or portland cement, sand and water in the following
proportiona:
(1) One sack cement to four and one-half (41/2 ) to five and
one-half (51/2) gallons of water.
(2) One part cement, one part clean sand and four and
one-half (41/2) to six (6) gallons water. The sand grout
ahall be used only where abnormal loss of grout to
crevices or faults occura.
Log: A chronological record of the soil and rock
formations encountered in the operation of drilling a well,
with either their thickness, or the elevation of the top and
bottom of the formation given. It also includes atatements as
to the composition and water bearing characteriatica of each
formation.
'Cross reference-Water generally, § 28-16 et seq.
338
~
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BUILDINGS § 6-163
Porosity: An index of the void characteristics of a soil as
it pertains to percolation.
Turbidity: A condition of a liquid due to fine visible
material in suspension, which may not be of sufficient size
to be seen as individual particles by the naked eye but
which prevents the passage of light through the liquid.
Yield: The quantity of water flow (gallons per minute or
per hour) which can be collected (pumped) from the well.
(Ord. No. 56, § 2, 9-12-60)
8ec. 6-162. Purpose.
The provisions of this article have been enacted for the
benefit and protection of property owners as well as the
public. Each and every contract for the performance of work
of a type regulated by this article shall by implication
include a covenant on the part of the one who ia to perform
the work that, except to the egtent that compliance with this
article has been modified or waived, the work ahall be
, performed strictly in accordance with the applicable
provisiona of this article. (Ord. No. 56, § 6, 9-12-60)
Sec. 6-163. Inspectiona.
The plumbing inspector is charged with the responsibility
of conducting regular inspections upon the construction or
major reconstruction of all wells within the city. Such
inspections shall be made as Prequently and as egtensively
as, in his opinion, are necessary to obtain strict compliance
with the provisiona of this article. In any situation where
the plumbing inspector has a serious doubt as to the
proposed location of a well or the type of construction of a
well, he shall prohibit all further work on such proposed
~ well for a period of not to exceed thirty (30) days, and within
said thirty (30) day period the plumbing inspector shall
make appropriate inquiry with the atate department of
health to determine whether the proposed construction or
location constitutes a health menace. Within said thirty (30)
day period the plumbing inspector shall take final action
339
§ 6-163 ARDEN HILLS CODE
with reference to said proposed well, either by withdrawing
the temporary suspension or by requesting that the council
revoke the permit. (Ord. No. 56, § 5-1, 9-12-60)
Sec. 6-164. Variances.
In the event that the plumbing inspector determines that
strict application of the provisions of this article would
constitute a hardship to the particular property owner, and
that the provisions of this article could be relaxed in the
particular case presented without endangering the public
health and without permitting the creation of an unsafe
water supply, then the plumbing inspector shall so report to
the city council, and request council action to relax the
appropriate requirements for the individual case. Upon such
application and report, after auch further inquiry and
investigation as the council deems advisable the council
may waive any requirements of this article in a particular
case, upon the standards and further reasons hereinbefore
set forth. (Ord. No. 56, § 5-2, 9-12-60)
Sec. 6-165. Disposal wells restricted.
The conatruction of a well for the purpose of diaposing of
any liquids, including surface waters, air conditioning, or
commercial wastes shall be prohibited in the city unleas a
plan of disposal prepared by a registered engineer and
approved by the state board of health is firat presented to
the plumbing inapector. (Ord. No. 56, § 4-11, 9-12-60)
Secs. 6-166--6-171. R.eserved.
DIVISION 2. PERMIT
Sec. 6-172. Required.
A permit shall be required for the construction of a new
well or for any major reconstruction of an egisting well in
the city. (Ord. No. 56, § 3.1, 9-12-60)
340
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BUILDINGS § 6-184
See. 6-173. Definition.
For the purposea of this diviaion, the words "major
reconstruction" shall mean any deepening of an existing
well to at least the next deeper atratus. (Ord. No. 56, § 3-3,
9-12-60)
See. 6-174. Application.
Applicationa for permits required by the provisions of this
division shall be made in writing upon printed forms
furnished by the clerk-administrator for such purposes.
(Ord. No. 56, § 3-2, 9-12-60)
See. 6-175. Fee.
The owner of the subject property or his agent shall obtain
a permit required by the provisions of this division from the
clerk-administrator, and shall pay such fee as has been
established in a resolution adopted by the council from time
to time before the issuance of such permit. (Ord. No. 56, §
3-1, 9-12-60; Ord. No. 217, § 8, 12-29-80)
See. 6-176. Duration.
Permits required by the provisions of this division ahall be
valid for a period of ninety (90) days from the date of
isauance. (Ord. No. 56, § 3-4, 9-12-60)
Secs. 6-177-8-182. Reserved.
I DIVISION 3. LOCATION, CONSTRUCTION
See. 6-183. 3pecifications for commercial wells.
All commercial wells shall comply with the requirements
of the state department of health for public water supplies.
(Ord. No. 56, § 4-9, 9-12-60)
See. 6-184. Location generally.
(a) Wells shall be located in such a manner as to minimize
as far as posaible the pasaibility of flooding. The top of the
Supp. No. 3
^ 341
1
§ 6-184 ARDEN HILLS CODE
well ahall be conatructed and located in such manner as to
place it above all poasible sourcea of pollution. No well shall
be conatructed or located within three (3) feet of the outside
basement wall of a dwelling, nor ahall a well be conatructed
or located within fifteen (15) feet of a property line. The
outside basement footing ahall be continuous across the
opening of the well alcove.
(b) In all cases a well shall be located in such manner as
to provide the following minimum distances between the
well and possible sources of contamination, to wit:
(1) Buried or concealed e$tra heavy cast iron aewer or
drain linea with lead caulked, air tested jointa-20
feet.
(2) Vitrified clay or concrete sewers or cast iron aewers
not of construction described above, septic tanks, or
drain fields-50 feet.
(3) Dry wells, seepage pita, cesspools-75 feet. (Ord. No.
56, § 4-2, 9-12-60)
Sec. 6-186. Contamination to be avoided.
Each individual water supply syatem or well ahall be
located and constructed in such manner, consistent with the
provisions of this article as to prevent contamination of its
water supply by any egisting sewage disposal system or
sewage disposal syatems that may reasonably be antici-
pated in the future, and to minimize as far as possible the
' possible contamination of the well from all poasible eaternal
sources within the geological strata surrounding the well.
(Ord. No. 56, § 4-1, 9-12-60)
8ec. 6-186. Inetallation in pit.
No well shall be inatalled in a pit below the surface of the
ground unless such well pit is an alcove opening directly
into the main basement area of the building being served by
the well. The well pit floor ahall be constructed according to '
the requirements of pump room floors outlined in thia ~
division. (Ord. No. 56, § 4-3, 9-12-60) I
Supp. No. 3 i
342 I
i BUILDINGS § 6-190
Sec. 6-187. Termination in specific strata prohibited.
No well construction shall terminate in the Decorah
Shale, Platteville Limestone or Shakopee-Aneota Dolomite.
No exiating well shall be increased in depth to terminate in
those formations. (Ord. No. 56, § 4-4, 9-12-60)
Sec. 6-188. Minimum diameter.
The minimum diameter of any finished well casing shall
be four (4) inches. Well casings shall be constructed of
welded or coupled steel or wrought iron and shall conform to
the following specifications for weight and thickneas.
Diameter Well Weight per lineal
Thickness foot with threads
and couplings
4" 237 inches 10.98 lbs.
5" 258 inches 14.8 lbs.
6" 280 inches 19.45 lbs.
8" .322 inches 29.35 lbs.
10" .365 inches 41.85 lbs.
12" .375 inches 51.15 lbs.
(Ord. No. 56, § 4-5, 9-12-60)
Sec. 6-189. Contaminated etrata unsatisfactory.
Any water-bearing formation yielding water which is
contaminated, as evidenced by the presence of chemicals or
bacteria of sewage origin, ahall be regarded as unsatisfacto-
ry for well development. (Ord. No. 56, § 4-5, 9-12-60)
Sec. 6-190. Minimum depth.
The casing of any well constructed entirely in unconaoli-
dated earth formations shall extend to a depth of at least
one hundred (100) feet below establiahed ground level or
through the first impervious soil formation encountered,
whichever is ahallower, but in no event less than
seventy-five (75) feet deep, and at least twenty (20) feet
below expected pumping level (level below ground level to
343
§ 6-190 ARDEN HILLS CODE
which the water surface ia lowered in the well during
pumping). Where a water-bearing formation ia encountered
during well construction at a depth which satisfiea these
minimum requirements, the acceptability of the formation
for well development shall be based on the satiafactory
results of analysis of the water by a competent laboratory.
(Ord. No. 56, § 4-5, 9-12-60)
Sec. 6-181. Minimum supply.
All wells for domestic use constructed in the city shall be
constructed in such manner as to produce a minimum
initial supply of nine hundred (900) gallona of sand free
water per hour. (Ord. No. 56, § 4-6, 9-12-60)
Sec. 6-182. Pump, equipment standards.
The pump and other equipment inatalled on wells in this
city shall conform to the following minimum atandarda, to
wit:
(a) Pump and equipment shall be designed to asaure a
pollution-proof and froat-proof installation.
(b) The purnp base ahall be constructed as to permit~N installation of a watertight mounting.
' (c) A well seal ahall be used. Such well seal ahall be of
simple construction, easily installed, removed and
, reinatalled should it become necessary to remove the
drop pipe for repair.
I (d) The top of the well casing shall be a minimum of
eighteen (18) inches above the baaement floor level
and the seal shall be so constructed and installed as
to maintain its watertight feature, ahould tlooding
occur. The pump room floor shall be at least sig (6)
inches above the surrounding grade and the concrete
platform shall be minimum of four (4) inchea above
grade at the edge.
(e) Suction lines inatalled through the well casing, or
where otherwise installed less than ten (10) feet below
grade, shall be provided with an outer protective
344
i
BUILDINGS § 6-193
casing. Such protective casing shall be set watertight
into the well casing. The suction line ahall be caulked
I into the protective casing to provide a watertight joint
which will permit easy removal. The suction line shall
slope upward toward the pump. Where a suction line is
~ brought into a basement from a well located some
distance from the basement, the pump shall be located
at least eighteen (18) inches above the basement floor.
(f) Provisions shall be made in the well seal for future
measurements of static and pumping levels. (Ord. No.
56, § 4-7, 9-12-60)
Sec. 6-183. Chlorination.
After final installation of the pumping equipment, the
well shall be pumped continuously until the water is free of
turbidity, then chlorinated heavily in accordance with the
following procedure:
(a) Introduce into the well one pound of high test (seventy
(70) per cent or equivalent) calcium hypochlorite
(chlorinated lime) by scattering same over the surface
of the water in the well so that the powder will sink to
the bottom, thereby permeating the supply.
(b) If powder cannot be introduced directly, then mig one
pound of calcium hypochlorite high test (seventy (70)
per cent or equivalent) with five (5) gallons of water
and pour the mixture into the well.
(c) Allow the chemical to remain in the well for at least
twelve (12) hours, then pump to waste until the odor
and taste of the chemical have practically disap-
peared.
(d) Where calcium hypochlorite tablets meeting the above
requirements are used, they shall remain in the well
for a minimum period of forty-eight (48) hours before
it is pumped to waste as deacribed above.
' (e) Wells larger than four (4) inches in diameter require
proportionally larger doses of the chemical for
I chlorination but shall not have a concentration of
345
I
§ 6-193 ARDEN HILLS CODE
applied solution less than one hundred fifty (150) parts
per million for twelve (12) hours. (Ord. No. 56, § 4-8,
9-12-60)
Sec. 6-194. Pumping test.
Upon completion of drilling a well a pumping test of
sufficient duration to determine the yield and maximum
drawdown shall be conducted. Within fifteen (15) days after
inspection of the well, the permit holder shall file an
affidavit with the clerk-administrator setting forth the
results of the pumping test, the capacity of the well, the
pumping level, the depth of casing from grade and length
and size of screen if one is used. (Ord. No. 56, § 4-10,
9-12-60)
Sec. 6-185. Log.
A eolo ical lo of the formations encountered in drillin
g g g g
each well ahall be kept by the driller. A copy of such log,
typed on eight and one-half (81/2) by eleven (11) inch paper
shall be filed along with the well affidavit and such log
shall specifically state where impervious formation is
' encountered. Failure to provide accurate information with
respect thereto shall constitute a violation of this article.
(Ord. No. 56, § 4-10, 9-12-60)
Sec. 6-186. Daily record of water level.
In addition to other documenta required, the driller of a
well shall file with his log and affidavit a report indicating
the daily record of the water level in the well during the
course of the drilling. (Ord. No. 56, § 4-10, 9-12-60)
Sec. 6-187. Sealing certain wells.
Where a well is drilled to terminate in the St. Peter
Sandstone or the Jordan Sandstone, the overlying forma-
tions shall be sealed off. In the case of a well finished at a
diameter of four (4) inches and egtending through the
Platteville Limestone, thia ahall be accomplished by
installing a minimum five (5) inch diameter casing from the
346
~
i
BUILDINGS § 6-197
surface through the glacial drift and into the Platteville
Limestone. A nominal five (5) inch (minimum) open hole
shall then be drilled through the undesirable formations and
at least twenty (20) feet into the continuous nonfaulty
consolidated St. Peter Sandstone and/or at least twenty (20)
feet below the pumping water level whichever is lower. A
minimum four (4) inch liner ahall then be installed from the
surface to the bottom of the five (5) inch hole, and the
bottom ten (10) feet shall be grouted in place. The nominal
four (4) inch open hole shall be continued into the water-
bearing formation such diatance as is necessary to provide
the required water supply. In case of wells larger than four
(4) inchea, all other component parts of the well shall be
constructed proportionately. (Ord. No. 56, § 4-5, 9-12-60)
~
i
i
[The nezt page ia 3971
347
i
Chapter ?
CIVIL DEFENSE*
Art. I. In General, 7-1-7-22
Art. II. Civil Defense Agency, 7-23-7-82
Div. 1. Generally, 7-23-7-33
Div. 2. Director, 7-34-7-53
Div. 3. Advisory Committee, 7-54-7-64
Div. 4. Volunteers, 7-65-7-82
Art. III. Emergency Regulations, 7-83-7-87
ARTICLE I. IN GENERAL
Sec. 7-1. Policy and purpose.
Because of the existing and increasing poasibility of the
occurrence of disasters of unprecedented size and destruc-
tiveneas resulting from enemy attack, sabotage, or other
hostile action, or from fire, flood, earthquake or other
natural causes, and in order to insure that preparations of
this city will be adequate to deal with such disastera, and
generally, to provide for the common deftinse and to protect
the public peace, health, and safety, and to preserve the
- lives and property of the people of thia city, it is hereby
found and declared to be neceasary:
(a) To eatablish a local civil defense agency;
(b) To provide for the egercise of necessary powers during
civil defense emergencies;
(c) To provide for the rendering of mutual aid between
this city and other political subdivisiona of this state
and of other states with respect to the carrying out of
civil defenae functions. (Ord. No. 63, § 1(1), 12-27-61)
•Croes reference-Administration, Ch. 2.
State law reference-Minnesota Civil Defenae Act, M.S.A. Ch. 12.
397
§ 7-2 ARDEN HILLS CODE
Sec. 7-2. Intergovernmental coordination.
All civil defense functions of this city shall be coordinated
to the maximum extent practicable with the comparable
functions of the federal government, of this state, and of
other states and localities, and of private agenciea of every
type, to the end that the most effective preparations and use
may be made of the nation's manpower, resources and
facilities for dealing with any disaster that may occur. (Ord.
No. 63, § 1(2), 12-27-62)
Sec. 7-3. Definitions.
For the PurPoses of this chaPter, the following words and
phrases shall have the meaninga respectively ascribed to
I them:
~ Civil defense: The preparation for and the cazrying out of
all ernergency functions, other than functions for which
~ military forces are primarily reaponsible, to prevent,
I minimize and repair injury and damage resulting from
~ disasters caused by enemy attack, sabotage, or other enemy
hostile action, or from fire, flood, earthquake, or other
natural causes. These functions include, without limitation,
fire-fighting services, police services, medical and health
services, rescue, engineering, air raid warning services,
communicationa, radiological, chemical and other special
weapons defense, evacuation of persons from stricken areas,
emergency welfare aervices, emergency transportation,
I existing or properly assigned functions of plant protection,
temporary restoration of public utility services, and other
I functions related to civilian protection, together with all
other activities necessary or incidental to preparation for
and carrying out of the foregoing functions.
Civil defense emergency: An emergency declared by the
governor under Minnesota Statutes, Section 12.31.
~ Ciail defense forces: Any personnel employed by the city
and any other volunteer or paid member of the local civil
defense agency engaged in carrying on civil defense
functions in accordance with the provisions of this chapter
or any rule or order thereunder.
398
~
CIVIL DEFENSE § 7-7
Committee: The civil defense advisory committee created
by this chapter.
Director: The director of the civil defense agency of the
city. (Ord. No. 63, 2, 3(I), 3(2), 12-27-61)
I
Sec. 7-4. Civil defense a governmental function.
' All functions contained in this chapter and all other
activities relating to civil defense are hereby declared to be
governmental functions. (Ord. No. 63, § 8, 12-27-61)
Sec. 7-5. Cooperation with federal, state authorities.
Every officer and agency of the city shall cooperate with
federal and state authoritiea and with authorized agencies
engaged in civil defense and emergency measures to the
fullest possible extent, consistent with the performance of
their other duties. The provisions of this chapter and of all
regulations made hereunder shall be subject to all
applicable and controlling provisions of federal and state
laws and of regulations and orders issued thereunder and
shall be deemed to be suspended and inoperative so far as
there is any conflict therewith. (Ord. No. 63, § 7, 12-27-61)
Sec. 7-6. Special policemen.
The mayor may appoint any qualified person holding a
position in any agency created under federal or state
authority for civil defense purposes as a special policeman
of the city, with such police powers and duties within the
city incident to the functions of his position, not egceeding
those of a regular policeman of the city, as may be
prescribed in the appointment. Every such special policeman
shall be subject to the supervision and control of the chief of
police and such other police officera of the city as the chief
may designate. (Ord. No. 63, § 7, 12-27-61)
Sec. 7-7. City's liability.
(a) The city, and egcept in cases of willful misconduct, its
officers, agent, employees, or representatives engaged in any
399
~
§ 7-7 AftDEN HILLS CODE
civil defense activities, while complying with or attempting
to comply with the Minnesota Civil Defense Act of 1951 as
amended (Minnesota Statutes, Sections 12.01 to 12.46) or with
this chapter or any rule, regulation or order made
hereunder, shall not be liable for the death of or any injury
to persons, or damage to property as a result of such
activity.
(b) The provisions of this section ahall not affect the right
of any person to receive benefits to which he would
otherwise be entitled under this chapter or under the
workmen's compensation law, or under any pension law,
nor the right of any such person to receive any benefits or
compensation under any act of Congress to which it relates,
whichever occurs first. (Ord. No. 63, § 8, 12-27-61)
Sec. 7-8. Mutual aid agreements.
, The director shall develop proposed mutual aid agree-
ments with other political subdivisions within or outside the
state for reciprocal civil defense aid and assistance in a civil
defense emergency too great to be dealt with unassisted, and
he shall present such agreements to the council for its
action. Such arrangements shall be consistent with the state
I defense plan, and during a civil defense emergency, it shall
be the duty of the civil defense forces to render assiatance in
accordance with the provisions of such mutual aid
arrangements. Any mutual aid arrangement with a political
subdivision or another state shall be subject to the approval
of the governor. (Ord. No. 63, § 4(1), 12-27-61)
Sec. 7-8. Uae of city personnel, services, etc.
The director shall utilize the personnel, services, equip-
ment, supplies and facilities of existing departments and
agencies of the city to the maximum egtent practicable. The
officera and personnel of all such departments and agencies
shall, to the maximum extent practicable, cooperate with
and extend such services and facilities to the local civil
defense agency and to the governor upon requeat. The head
400
I
~
~
i CIVIL DEFENSE § 7-25
, of each department and agency, in cooperation with and
under the direction of the director, shall be responaible for
' the planning and programming of such civil defense
activities as will involve the utilization of the facilities of his
department or agency. (Ord. No. 63, § 9(5), 12-27-61)
Sec. 7-10. Prohibited illaminations.
Any illumination within the city contrary to the
provisions of this chapter or any other provisions of this
Code pertaining to civil defense or of any regulation adopted
thereunder or of any federal or state law, regulation, or
order shall be deemed a public nuisance. Any regular (or
auxiliary) policemen (or air raid warden) may abate such
nuisance summarily or may take any other action necessary
to enforce such provisions, including entry on private
property and the use of whatever reasonable force is
necessary. (Ord. No. 63, § 10, 12-7-61)
Secs. 7-11-7-22. Reserved.
AR.TICLE II. CIVIL DEFENSE AGENCY*
DIVISION 1. GENERALLY
Sec. 7-23. Created.
There is hereby created within the city government a civil
defense agency. (Ord. No. 63, § 3(1), 12-27-61)
Sec. 7-24. General supervision.
The civil defense agency shall be under the supervision
and control of the director of civil defense. (Ord. No. 63, §
3(1), 12-27-61)
Sec. 7-25. Functions generally.
The civil defense agency shall perform civil defense
functiona within the city as may be required pursuant to the
provisions of the Minnesota Civil Defense Act of 1951, as
amended, or this chapter. (Ord. No. 63, § 3(1), 12-27-61)
"Cross reference-Boerda and commisaions, § 2-72 et seq.
~ 401
I _
§ 7-26 AftDEN HILLS CODE
Sec. 7-26. Organization.
The civil defense agency shall be organized into such
divisions and bureaus, conaistent with state and local civil
defense plans, as the director deems necessary to provide for
the efficient performance of local civil defense functions
during a civil defense emergency. (Ord. No. 63, § 3(1),
12-27-61)
Sec. 7-27. Participation in labor dispute, polities.
The civil defense agency shall not participate in any form
of political activity nor shall it be employed directly or
indirectly for political purposes, nor ahall it be employed in
a legitimate labor dispute. (Ord. No. 63, § 11, 12-27-61)
Secs. 7-28-7-33. Reserved.
DIVISION 2. DIRECTOR
Sec. 7-34. Appointment.
The director of civil defense shall be appointed by the
mayor for an indefinite term. (Ord. No. 63, § 3(1), 12-27-61)
~ Sec. 7-35. Removal.
' The person appointed as director of civil defense may be
removed from office by the mayor at any time. (Ord. No. 63,
§ 3(1), 12-27-61)
Sec. 7-36. Compensation, eapenses.
The director of civil defenae shall serve without salary,
but shall be paid all his necessary expenaes. (Ord. No. 63, §
3(1), 12-27-61)
Sec. 7-37. General responsibility.
The director of civil defenae shall have direct responsibili-
ty for the organization, adminiatration and operatian of the
civil defense agency, subject to the direction and control of
the mayor. (Ord. No. 63, § 3(1), 12-27-61)
402
~
i
I CIVIL DEFENSE § 7-42
Sec. 7-38. R.epresentation of city on other organiza-
tions.
The director, with the consent of the mayor, shall
represent the city on any regional or state organization for
civil defense. (Ord. No. 63, § 4(1), 12-27-61)
See. 7-39. Execution of governor's orders, etc.
The director shall carry out all ordera, rules and
regulations issued by the governor with reference to civil
defense. (Ord. No. 63, § 9(8), 12-27-61)
Sec. 7-40. Coordinate activities.
The director shall direct and coordinate the general
operations of all local civil defense forces during a civil
defense emergency in conformity with controlling regula-
tions and instructions of state civil defense authorities. The
heads of departments and agencies ahall be governed by his
orders in respect thereto. (Ord. No. 63, § 9(9), 12-27-61)
Sec. 7-41. Commandeer services, properly.
During the first thirty (30) days of a civil defenae
emergency, if the legislature is in session or the governor
has coupled his declaration of the emergency with a call for
a special session of the legislature, the director may, when
necessary to save life or property, require any person, egcept
members of the federal or state military forces and officers
of the atate or any other political subdivision, to perform
services for civil defense purposes as he directa, and he may
commandeer, for the time being, any motor vehicle, tools,
appliances or any other property, subject to the owner's
right to just compensation as provided by law. (Ord. No. 63,
§ 4(2), 12-27-61)
Sec. 7-42. Annual report.
The director shall, as soon as posaible after the end of
each fiscal year, prepare and present to the city council for
the information of the council and the public, a comprehen-
403
I
§ 7-42 ARDEN HILLS CODE
' sive report of the activities of the civil defense agency
during the year. (Ord. No. 63, § 6(4), 12-27-61)
' Sec. 7-43. Studies.
~ The director shall make such studies and surveys of the
manpower, industries, resources, and facilitiea of the city as
he deems necessary to determine their adequacy for civil
defense and to plan for their most efficient use in time of a
civil defense emergency. (Ord. No. 63, § 9(2), 12-27-61)
i
Sec. 7-44. Comprehensive plan.
The director shall prepare a comprehenaive general plan
for the civil defense of the city and ahall present such plan
to the council for its approval. When the council has
approved the plan by resolution, it ahall be the duty of all
municipal agenciea and all civil defense forcea of the city to
perform the dutiea and functions assigned by the plan as
approved. The plan may be modified in like manner from
time to time. The director ahall coordinate the civil defenae
activities of the city to the end that they shall be consiatent
and fully integrated with the civil defense plan of the
federal government and the state and correlated with the
civil defense plans of other political subdivisions within the
state. (Ord. No. 63, § 9(3), 12-27-61)
Sec. 7-45. Training.
In accordance with the state and city civil defense plan,
the director ahall institute such training programs and
I public information programs and shall take all other
preparatory steps, including the partial or full mobilization
of civil defense forces in advance of actual disaster, as may
be necessary to the prompt and effective operation of the
city civil defense plan in time of a civil defense emergency.
He may, from time to time, conduct such practice air raid
alerts or other civil defenae egercisea as he may deem
necessary. (Ord. No. 63, § 9(4), 12-27-61)
404
I
I
CIVIL DEFENSE § 7-54
Sec. 7-46, Emergency facilities.
Consistent with the civil defense plan, the director shall
provide and equip emergency hospitals, casualty stations,
~ ambulances, canteens, evacuation centers, and other facil-
ities, or conveyances for the care of injured or homeless
~ persons. (Ord. No. 63, § 9(7), 12-27-61)
~ Sec. 7-47, Control centers.
~ Consistent with the civil defense plan, the director shall
~ provide and equip at some suitable place in the city a
control center and, if required by the state civil defense
plan, an augiliary control center to be used during a civil
defense emergency as headquarters for direction and
coordination of civil defenae forces. He shall arrange for
representation at the control center by municipal depart-
ments and agencies, public utilities and other agencies
authorized by federal or state authority to carry on civil
defense activities during a civil defense emergency. He shall
arrange for the installation at the control center of
necessary facilities for communication with and between
heads of civil defense divisiona, the stations and operating
units of municipal services and other agencies concerned
with civil defense and for communication with other
communities and control centers, within the surrounding
area and with federal and state agencies concerned. (Ord.
No. 63, § 9(10), 12-27-61)
Secs. 7-48-7-53. Reserved.
DIVISION 3. ADVISORY COMMITTEE*
Sec. 7-54. Created.
There is hereby created within the city a civil defense
agency to be called "the civil defense advisory committee."
~ (Ord. No. 63, § 3(2), 12-27-61)
*Crose reference-Boards and commisaion, § 2-72 et aeq.
405
I
I
§ 7-55 ARDEN HILLS CODE
Sec. 7-55. Appointment, term.
Members of the committee shall be appointed by the
mayor to represent departments and other groups concerned
with civil defense. Each member shall hold office at the
pleasure of the mayor. (Ord. No. 63, § 3(2), 12-27-61)
Sec. 7-56. Compensation.
Each member of the advisory committee ahall serve
without compensation. (Ord. No. 63, § 3(2), 12-27-61)
Sec. 7-57. Officers.
The mayor shall be the chairman of the committee, and
the director shall serve sa its secretary. (Ord. No. 63, § 3(2),
12-27-61)
Sec. 7-58. Advisory body.
The committee shall advise the director and the city
council on all matters pertaining to civil defense. (Ord. No.
63, § 3(2), 12-27-61)
Secs. 7-59-7-64. R.eserved.
, DIVISION 4. VOLUNTEERS
, Sec. 7-65. Recruitment.
i The director shall, in cooperation with egisting city
departments and agencies affected, organize, recruit, and
train air raid wardens, ausiliary police, auxiliary firemen,
emergency medical personnel, and other personnel that may
be required on a volunteer basis to carry out the •civil
defense plans of the city and the state. To the estent that
such emergency personnel is recruited to augment a regular
city department or agency for civil defense emergencies, it
shall be asaigned to such department or agency for puxposea
of administration and command. The director may diamisa
any civil defense volunteer at any time and require him to
surrender any equipment and identification furniahed by the
city. (Ord. No. 63, § 9(6), 12-27-61)
406
I
~ Sec. 7-66. Loyalty. CIVIL DEFENSE § 7-69
No person shall be employed or asaociated in any capacity
in the civil defen$e agency who advocates or has advocated
a change by force or violence in the conatitutional form of
government in the United States, or who has been convicted
of or is under indictment or information charging any
subversive act against the United Statea. Each person who
is appointed to serve in the civil defense agency shall, before
entering upon his duties, take an oath in writing before a person authorized to administer oaths in thia atate, or before
any officer of the state department of civil defense, the
director, or ground obaerver corps supervisor. The oath ahall
be substantially in the form prescribed by Minnesota
Statutes, Section 12.43. (Ord. No. 63, § 5(1), 12-27-61)
Sec. 7-67. When subject to call.
Civil defense volunteers shall be called into service only in
case of a civil defense emergency or a natural disaster for
which the regular municipal forces are inadequate, or for
necessary training and preparation for such emergenciea.
(Ord. No. 63, § 5(2), 12-27-61)
See. 7-68. Compensation.
All civil defense volunteers shall serve without compensa-
tion. (Ord. No. 63, § 5(2), 12-27-61)
Sec. 7-68. Insignia, identification.
Each. civil defense volunteer ahall be provided with such
suitable insignia or other identification as may be required
by the director. Such identification shall be in a form and
style approved by the federal government. No volunteer
ahall egercise any suthority over the peraons or property of
othera without his identification. No person except an
authorized volunteer ahall use the identification of a
volunteer or otherwise represent himself to be an authorized
volunteer. (Ord. No. 63, § 5(3), 12-27-61)
407
§ 7-70 ARDEN HILLS CODE
Sec. 7-70. Use of firearms.
No civil defenae volunteer shall carry any firearm while
on duty except on written order of the chief of the police
department. (Ord. No. 63, § 5(4), 12-27-61)
Sec. 7-71. Personnel regulations not applicable.
Personnel procedurea of the city applicable to regular
employees shall not apply to volunteer civil defense workera
but shall apply to paid employees of the civil defehse
agency. (Ord. No. 63, § 5(5), 12-27-61)
Secs. 7-72-7-82. R,eserved.
ARTICI.E III. EMERGENCY REGULATION3
Sec. 7-83. Promulgation authorized.
Whenever necessary to meet a civil defense emergency or
to prepare for such an emergency for which adequate
regulationa have not been adopted by the governor or the
city council, the mayor may by proclamation promulgate
F regulations, consistent with applicable federal or state law
or regulation, respecting: Protection against air raids; the
, sounding of air raid alarma; the conduct of peraona and the
use of property during alarms; the repair, maintenance, and
safeguarding of essential public services; emergency health,
' fire, and safety regulations, trial drills or practice periods
required for preliminary training; and all other matters
which are required to protect public safety, health, and
welfare in civil defense emergencies. No regulation govern-
ing observation of enemy aircraft, air attack, alarms, or
illumination during air attacks shall be adopted or take
effect unless approved by the state director of civil defense.
(Ord. No. 63, § 6(1), 12-27-61)
Sec. 7-84. Issuance; when effective.
Every proclamation of emergency regulations shall be in
writing and signed by the mayor, shall be dated, ahall refer
408
~
~
CIVIL DEFENSE § 7-87
to the particular civil defense emergency to which it
pertains, if so limited, and shall be filed in the office of the
clerk-administrator, where a copy shall be kept posted and
available for public inspection during businesa hours. Notice
of the existence of such regulation and its availability for
inspection at the clerk's office shall be conspicuously posted
at the front of the city hall or other headquarters of the city
and at such other places in the affected area as the mayor
shall designate in the proclamation. Thereupon the regyla-
tion shall take effect immediately or at such later time as
may be specified in the proclamation. By like proclamation
the mayor may modify or rescind any such regulation. (Ord.
No. 63, § 6(2), 12-27-61)
Sec. 7-85. Expiration.
The council may rescind any emergency regulation by
resolution at any time. If not sooner rescinded, every such
regulation shall expire at the end of thirty (30) days after its
effective date or at the end of the civil defense emergency.
(Ord. No. 63, § 6(3), 12-27-61)
Sec. 7-86. Conflict.
Any provision of this Code or city ordinance, rule or
regulation inconsistent with an emergency regulation
promulgated by the mayor shall be suspended during the
period of time and to the extent that such conflict egists.
(Ord. No. 63, § 8, 12-27-61)
Sec. 7-87. Extraordinary acts during emergency.
During a civil defense emergency the city is, notwith-
standing any atatutory or charter provision to the contrary,
, empowered, through its governing body acting within or
without the corporate limits of the city, to enter into
contracta and incur obligations neceasary to combat such
disaster by protecting the health and safety of persons and
property, and providing emergency asaistance to the victims
of such disaster. The city may exercise such powers in the
light of the exigencies of the disaster without compliance
409
§ 7-87 AftDEN HILLS CODE
with time-conauming procedures and formalities preacribed
by law pertaining to the performance of public work,
entering into contracts, incurring of obligations, employ-
ment of temporary workers, rental of equipment, purchase of
supplies and materials, limitations upon tax levies, and the
appropriation and expenditure of public funda, for egample,
but not limited to, publication of ordinances and resolutions,
publication of calls for bids, provisiona of civil service laws
and rules, provisiona relating to low bida, and requirementa
for budgets. (Ord. No. 63, § 8, 12-27-61)
I
[The nezt pege is 4611
410
I
Chapter 8
EXCAVATION3*
Art, I. In General, 5-1-8-24
Art. II. Permit, 5-26-9-47
Art. III. Performance Standards, 8-48-8-68
ARTICLE I. IN GENERAL
Sec. 8-1. Intent and purpose.
This chapter is adopted for the purpose of:
(a) Providing for the economical availability of eand,
rock, soil, and other materials vital to the continued
growth of the city;
(b) Eatablishing reasonable and uniform limitations,
safeguards, and controls in the city for the eatraction,
deposition and proceasing of sand, gravel, rock, soil,
and other natural earth materials;
~(c) Controlling noise, duathazards, effects on adjacent
property, and other factors related to the eatraction,
deposition and procesaing of natural materials;
I ;F (d) Providing for the restoration of eacavation, mining
and land reclamation operations after termination of
such operation thus making the site compatible with
the surroundings and not detrimental to the commu-
nity;
(e) Providing for the control of potential pollution
problems which eaiat with eatraction, deposition and
processing operationa. (Ord. No. 150, § 2.0, 12-16-71)
Sec. 8-2. Definitions.
For the purposes of this chapter, the following terms shall be
given the following meanings:
'Croas reference-Buildinge, Ch. 6.
3upp. No. 9 461
i
§ 8-2 ARDEN HILL3 CODE
(a) Land reclamation. The deposition of more than four hun-
dred (400) cubic yards of sand, gravel, or other earth mate-
rials per single parcel or per acre, whichever is greater, on
a site in such a manner as to elevate the grade.
(b) Mining. The extraction of more than four hundred (400)
cubic yards of sand, gravel, or other earth material from a
single parcel or per acre of land, whichever is greater, in
such a manner as to reduce the grade. (Ord. No. 150, § 3.0,
12-16-71; Ord. No. 235, § 27, 12-27-84)
Sec. 8-3. Violations and penalties.
(a) Violation of this chapter shall be a misdemeanor and
upon conviction thereof ahall be punishable as provided in
section 1-10 of this Code.
(b) In the event of a violation or a threatened violation of
~ this chapter, the council, or any member thereof, in addition
to other remedies, may institute appropriate actions or
proceedings to prevent, restrain, correct, or abate such
violations or threatened violations and it ia the duty of the
I attorney to institute such action. (Ord. No. 150, § 8.7,
12-16-71)
.
Sec. 8-4. Conflicts.
This chapter shall supersede the zoning ordinance to the
egtent that this chapter is specifically in conflict with the
zoning ordinance. This chapter shall not superaede the
provisions of this Code relating to sanitary landfill, since it
is not intended that this chapter ahall apply to sanitary
landfill as defined in section 11-2, but, eacept with respect to
sanitary landfill, this chapter ahall superaede wherever
there is a conflict. (Ord. No. 150, § 9.2, 12=16-71)
3ec. 8-5. Enforcing olficer.
This chapter shall be administered and enforced by the
clerk-adminiatrator. (Ord. No. 150, § 8.1, 12-16-71)
Supp. No. 9 462
i
EXCAVATION3 $ 8-6
Sec. 8-6. Duties of clerk-administrator.
In the enforcement and administratidn of the provisions
of this chapter, the clerk-administrator shall:
(a) Determine if applicationa comply with the terms of
thia chapter.
(b) Conduct inspections of issued permita to determine
compliance aith the terms of the permit.
I
3upp. No. 9 462.1
EXCAVATIONS $ 8-8
(c) Maintain permanent and current records of this
chapter, including but not limited to applications,
maps, variances and appeals.
(d) Receive, file and forward all applications to the
designated official bodiea.
I (e) Submit a written report on each application as to its
compliance with this chapter.
(f) Inatitute in the name of the city any appropriate
~ actions or proceedings against violators. (Ord. No.
150, § 8.2, 12-16-71)
Sec. 8-7. Inspections.
Routine inspection and evaluation of sites or facilities
shall be made in such frequency as to insure conaistent
compliance by the sites or facilitiea with the provisions of
this chapter. The permittee shall be provided with written
and documented notice of any deficiencies, recommenda-
tions for their correction and the date when the correctiona
shall be accomplished. The permittee shall allow free acceas
to the clerk-adminiatrator, city council, or proper represent-
ative of any other governmental agency at any time for the
purpose of making such inapectiona. (Ord. No. 150, § 6.3,
12-16-71)
Sec. 8-8. Nonconformance.
The council, after notice given for failure of any peraon, j
party or corporation to comply with conditions of a permit
. granted under the provisions of this chapter may proceed to
cause such compliance with such requirement and the cost
of such work may be taged against the property on which '
the operation is located and become a lien thereon, or the
I city may, at its option, proceed to collect such costs by an
action against the person, party, or corporation to whom
such permit has been isaued and the sureties on the bond
shall be responaible for such coats. (Ord. No. 150, § 4.4,
12-16-71)
463
§ 8-9 ARDEN HILLS CODE
Sec. 8-9. Records.
Accurate daily records of site operations shall be
maintained. These records shall contain information per-
tinent to site operation. Intake of materials in tons or cubic
yards shall be recorded daily in a manner acceptable to the
city, and shall include the type of materials deposited, and
the name and addresa of the source of same. These records
shall be available at all times for review and inapection by
the city. (Ord. No. 150, § 4.5, 12-16-71)
Sec. 8-10. Completion.
A detailed description and plan of a completed land
reclamation or mining site ahall be filed with the
clerk-administrator within one (1) month after approval of
the operation as finally concluded. This deacription ahall
include the general type and location of deposit$d materials,
'i the type and number of lifts, original and final terrain
, descriptions, and other pertinent characteriatics of the
completed site. (Ord. No. 150, § 4.6, 12-16-71)
Sec. 5-11. No consent.
Nothing contained in this chapter shall be deemed to be a
consent, license, or permit to locate, construct, or maintain a
site, facility or operation, or to carry on any activity. (Ord.
I No. 150, § 4.7, 12-16-71)
Sec. 8-12. Variances.
~ (a) Where the council and the planning commiasion finds
that extraordinary and unneceasary hardahips may result
from strict compliance with this chapter, variances may be
granted provided that such variancea will not have the
effect of nullifying the intent and purpose of the comprehen-
sive plan, official map, zoning ordinance or this chapter.
(b) An application for a variance ahall be filed with the
clerk-administrator stating the egceptional conditions and
the peculiar difficulties claimed.
464
I
EXCAVATIONS § 8-12
I (c) The request ahall be referred to the planning commis-
sion for study concerning its effect on the character and
' development of adjacent areas. The planning commission
shall make its recommendation within sigty (60) days to the
council, if no recommendation is made within that time, the
council may act without the recommendation.
(d) In considering applications for variances, the council
shall consider the advice and recommendations of the
planning commission and the effect of the proposed
variance upon the health, safety, and general welfare of the
community existing and anticipated and the effect of the
proposed variance.
(e) If the council shall determine that the special
conditions applying to the land in question are peculiar to
such property, and do not apply generally; that the granting '
of the variance is necessary; that granting the variance will
not in any way impair health, safety, comfort, morals, or in
any other respect be contrary to the intent of this chapter,
and that the granting of such variance will not merely serve
as a convenience to the applicant, but is necessary to
alleviate demonstrable hardship or difficulty, the council
may grant such variances and impose conditions and
safeguards therein.
(f) Variances may be denied by motion of the council and
such motion shall constitute a finding and determination
that the conditions required for approval do not. egist. No
application for a variance which has been denied wholly or
in part shall be resubmitted for a period of sig (6) months
from the date of said order of clenial, except on grounds of
new evidence or proof of change of conditions found to be
valid by the planning commission.
(g) A violation of any condition set forth in granting a
variance shall be a violation of this chapter and automati-
cally terminates the variance.
(h) A variance ahall become void one (1) year after it was
granted unlesa made use of. (Ord. No. 150, § 8.4, 12-16-71)
465
I
§ 8-13 AftDEN HILLS CODE
Sec. 8-13. Appeals.
(a) The board of appeals shall act upon all questions as
they may arise in the administration of this chapter, and it
shall hear and decide appeals from and review any order,
requirement, decision, or determination made by an
administrative official charged with enforcing this chapter.
Such appeal may be taken by any person aggrieved or by
any officer, department, board or bureau of a town,
municipality, county, or state. _
(b) Hearinga by the board of appeals shall be held within
a reasonable time and upon such notice to interested parties
as is provided in the chapter establishing the board. The
board shall make ita order deciding the matter snd shall
serve a copy of such order upon the appellant or petitioner
by mail. Any party may appear at the hearing in person or
by agent or attorney.
(c) The board of appeals may reverae or affirm wholly or
partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be made in the
premises and to that end shall have all the powers of the,
officer from whom the appeal was taken and recommend the
issuance of a permit. The reasons for the board's decision
shall be stated. The decision of such board shall not be final
and any person having an intereat affected by such decision
shall have the right to appeal to the district court. (Ord. No.
150, § 8.5, 12-16-71)
Secs. 8-14-8-24. Reserved.
ARTICLE II. PEftMIT
Sec. 8-25. R.equired.
Mining, procesaing and land reclamation ahall be
permitted only upon issuance of a apeeial us i . Unleas
specifically provided herein, the apeci use permit shall be
one within the meaning of the zoning ordinance, and
466
~
EXCAVATIONS § 8-27
subject to all of the provisions of the zoning ordinance. It
shall be unlawful for any peraon to remove, atore, or
excavate rock, sand, dirt, gravel, clay or other material
within the city without obtaining a special use permit as
provided herein. (Ord. No. 150, 4.1, 4.2(1), 12-16-71)
Sec. 8-26. Exception.
A permit required by the provisions of this article shall
not be required for the following:
(a) The excavation, removal or storage of rock, sand, dirt,
gravel, clay or other material preparatory to conatruc-
tion of a building thereon pursuant to a duly issued
building permit;
(b) Moving dirt for construction of roada or to provide for
surface water drainage as provided on an approved
plat, or moving dirt for landscaping purposes on a lot
already occupied by a residential atructure;
(c) Excavation or dirt removal incidental to conatruction
of sewer and water mains, highway construction or
other public projects;
(d) Minor agricultural, conservation items, and sod
removal. (Ord. No. 150, § 42(2), 12-I6-71)
Sec. 8-27. Application.
(a) The application for the permit required by the
provisions of this article shall be filed with the clerk-admin-
istrator. Payment of the required fee shall accompany each
application. Applications ahall be reviewed by the adminis-
trator and referred to the engineer or attorney if deemed
necessary. A minimum of forty-five (45) days ahall be
considered reasonable for review before the public hearing.
(b) The application and accompanying materials ahall
provide the following information.
(1) Purpose: The purpose of the removal, storage or
egcavation and the estimated time required to
complete the operationa.
I 467
§ 8-27 ARDEN HILLS CODE
(2) Identification: The date; northpoint, map scale; name
and address of: Applicant, owner, operator, surveyor,
engineer and designer, including their licenae numbers
and seals; an abatractor's certificate indicating the
names and addreasea of property owners within 350
feet of the exterior boundary lines of the proposed
plat.
(3) Description: A correct legal deacription of the tract,
giving complete descriptive data by bearings and
distances, made and certified to by a regiatered land
surveyor. The corners of the tract shall alao be located
on the ground and marked by substantial monumenta
of such size and type as approved by the engineer,
and be referred and tied to the nearest one-quarter
section corner and shall be shown. Descriptions,
reference ties and elevations of all bench marks.
(4) Site data: Topographic data with a contour interval of not more than two (2) feet and supplementals of one
foot in extremely flat areas; the datum ahall be of the
5th General Adjustment of 1929. Watercourses, lakes,
, marahes, wooded areas, rock outcrops, power trana-
portation poles and line, gas lines, single trees with a
diameter of eight (8) inches or more as measured three
(3) feet above the base of the trunk, and other
significant existing featurea.
The location, right-of-way width and names of
egisting or platted streets or other public ways. Parks
and other public lands, permanent buildings, and
structures, easements, section and corporate lines
within the site and to a distance of one hundred (100)
feet beyond.
(5) Geological formations and groundwater elevationa to
a depth of at least ten (10) feet below proposed
egcavation and loweat elevation of the site, including
the high water table. Such data shall be obtained by
soil boringa or other appropriate means.
(6) Crosa sectiona shall be included on the plan or on
separate sheets showing progressively with time the
468
I
~
i
EXCAVATIONS § 8-29
original and proposed elevation of egcavation,
trenching and fill. (Ord. No. 150, 5.0-52, 12-16-71)
Sec. 5-28. Operation plans.
As part of the application for a permit required by thia
article, plans for the following shall be submitted indicating
how the items shall be eatablished, constructed or provided
for at the site.
(a) Sanitary facilities and ahelter ahall be available for
site peraonnel, and for maintenance and storage of
site equipment and their locations.
(b) Litter control devices such as fences.
(c) Electrical service for operations and repairs.
(d) Emergency first-aid equipment to provide adequate
treatment for accidents, including fire-frghting equip-
ment.
(e) A source of water, disposal of water and re-use of
water.
(f) Adequate facilities to insure that no vehicle desiring
entry into the site may have to wait outaide the
perimeter for the site. Travel routes for trucka to and
from the site. ~
(g) Communication facilities ahall be provided for emer-
gency purposes.
(h) Test results indicating the exact nature, quantity and
source of the materials to be extracted, stored,
processed or used for fill.
(i) Plans for drainage, erosion control, sedimentation
control and duat control. (Ord. No. 150, § 5.3,
12-16-71)
Sec. 5-28. Site rehabilitation.
(a) A comprehenaive re-use plan showing that suitable
provision will be made for the restoration of the area so that
469
§ 8-29 ARDEN HILLS CODE
it will not become a health or safety hazard or a nuisance
shall be filed with the application for a permit required by
this article. Such plan shall include the final elevations and
slope and plan for the return of subsoil and top soil. Where
the city deems it practical and necessary such plan shall
include adjoining related areas where excavations have
previously been made and remain under the control of the
owner of the land on which the excavating ia to be done or
~ under the control of the person or party to do the
excavating.
(b) Excavations made to a water producing depth must
meet the following requirements:
(1) The depth must be at least ten (10) feet below the low
water mark;
(2) All banks shall be sloped to the waterline at a slope
which shall not be steeper than one and one-half feet
horizontal to one foot vertical;
(3) All banks shall be sodded or surfaced with soil of a
~ quality at least equal to the topsoil of land areas
immediately surrounding and to a depth of at least
three (3) inchea; or approved rip-rapping, where
applicable.
(4) Such topsoil as required shall be planted with trees,
shrubs, legumes, or grasses upon the parts of such
area where re-vegetation is possible.
(c) Excavations not made to a water-producing depth
must be graded or back-filled and shall meet the following
requirements:
~ (1) Such grading or back-filling shall be made with
' non-nogious, nonflammable, noncombustible solids;
(2) The graded or back-filled area ahall not collect and
, permit stagnant water to remain therein;
(3) The peaks and depreasions of the area ahall be
reduced to a surface which will result in a gently
rolling topography in substantial conformity to the
; 470
I
.
i
EXCAVATIONS § 8-31
land area immediately surrounding; and which will
minimize erosion due to rainfall;
(4) Such graded or back-filled area shall be sodded or
surfaced with soil of a quality at least equal to the
topaoil of land areas immediately surrounding, and to
a depth of at least three (3) inches;
(5) Such topsoil as required above shall be planted with
trees, shrubs, legumes or grasses upon the parts of
such area where re-vegetation ia possible. (Ord. No.
150, § 5.4, 12-16-71)
Sec. 8-30. Bond.
The applicant for a permit required by this article shall
furnish a bond in an amount to be set by the council and
naming the city as obligee with a corporate surety duly
licensed in the atate. The condition of such bond shall be
that if the principal fails to obey any of the requirements or
do any of the acta required by thia chapter, or for any
reason ceases to operate or abandona the site or facility, and
the city is required to egpend any moniea or egpend any
labor or material to place the site in the condition required
by the permit or this chapter, the obligor and the sureties on
its bond ahall reimburse the city for any and all egpenses
incurred therein. The term of the bond shall be coextensive
with the term of the permit. (Ord. No. 150, § 5.5, 12-16-71)
Sec. 5-31. Insurance.
The permittee under this article ahall furnish certificates
of inaurance issued by inaurera duly licensed within the
state covering public liability insurance, including general
liability, automobile liability loading and unloading, com-
pleted operations liability, egplosion and collapse of
underground operations, bodily injury liability in an
amount of at least two hundred fifty thousand dollara
I ($250,000.00) for injury or death of any one person in any
one occurrence and bodily injury liability in an amount of
at least seven hundred fifty thousand dollars ($750,000.00)
for injuries or death arising out of any one occurrence.
471
§ 8-31 ARDEN HILLS CODE
Property damage liability shall be furnished in the amount
of at least five hundred thousand dollars ($500,000.00) for
any one occurrence. (Ord. No. 150, § 5.6, 12-16-71)
Sec. 8-32. Fees.
(a) The fees for a permit required by this article ahall be
established by the city council. The council may review and
revise the fee schedule periodically. The clerk-administrator
may issue the permit only after the fee has been paid and a
determination has been made that the application complies
with the terms of this chapter.
(b) Municipal corporations and governmental agencies
shall be exempt from the fee requirements as preacribed by
this section. (Ord. No. 150, § 8.6, 12-16-71)
Sec. 8-33. Procedure for issuance.
The following shall conatitute the procedure to be followed
in the iasuance of any permit required by the provisions of
this article:
(a) Applicant completes the application provided by the
city and submita same along with the documents
' required by this article, to the clerk-administrator.
(b) The clerk-adminiatrator determines if the application
and supporting documents comply with the terma of
thia chapter.
If the application ia in compliance, it is transmitted to
the planning commisaion for its consideration at its
next regular acheduled meeting.
(d) The planning commission shall aet and conduct a
public hearing in accordance with the provisiona of
the zoning ordinance for special use permits.
(e) Following the public hearing, the planning commis-
sion shall forward the application, with its recommen-
dations, to the council.
(f) In conaidering applications, the council shall consider
the advice snd recommendationa of the clerk-admin-
472
~
EXCAVATIONS § 8-36
istrator and planning commission and the effect of
applicant's operation upon the total environment of
the city. If the application is found to meet the intent
and regulations of this chapter, the council may
instruct the clerk-administrator to issue a permit.
(g) The clerk-administrator shall then issue a permit to
the applicant upon payment of the permit fee. (Ord.
No. 150, § 8.3, 12-16-71) Sec. 8-34. Expiration.
Each permit granted under the provisions of this article
shall expire on the thirtieth day of June following its date of
issuance unless a specific expiration date is set forth in said
permit. (Ord. No. 150, § 6.1, 12-16-71)
Sec. 8-35. R,enewal.
Application for renewal of a permit isaued- under the
provisions of this article shall be made in writing by April
thirtieth each year. An application fee for renewal is not
required. Application for renewal shall contain a atatement
of any changes in the information submitted in the last
approved permit application or renewal. Failure to submit
such information shall be grounds for revocation or for not
granting renewal of the permit. If there are not changes, it
shall be so stated in the renewal application. Renewals may
be made by the clerk-administrator, provided the operation
is in conformance with the provisiona under which the
permit was granted. If the clerk-administrator is of ~he ~
opinion that the operation as conducted is not in accordax'ee
with the terms of the permit, or that the renewal application
indicates substantial changes in the operation, the renewal
application shall be referred to the planning commission,
which shall in turn make its recommendation to the council
as to whether or not a new public hearing is required. (Ord.
No. 150, § 6.1, 12-16-71)
Sec. 8-36. Revocation.
A permit isaued under this article may be revoked in the
manner provided in the zoning ordinance, and action
473
§ 8-36 ARDEN HILLS CODE
towarda revocation may be initiated by the council at any
time in the event it determines that the continuance of the
permitted use endangers or will endanger the health, welfare
or safety of the public. (Ord. No. 150, § 62, 12-16-71)
Secs. 8-37-8-47. R.eserved.
AR,TICLE III. PER.FORMANCE STANDARDS
Sec. 8-48. Compliance.
The holder of a permit isaued under the provisiona of this
chapter shall operate in accordance with the provisions of
this article. (Ord. No. 150, § 7.0, 12-16-71)
Sec. 8-49. Additional regulations.
The holder of a permit issued under the provisiona of this
chapter shall comply with any additional regulations the
city council from time to time may find necessary for the
health, safety and prevention of nuisance in the area. (Ord.
No. 150, § 7.9, 12-16-71)
Sec. 8-50. Fencing.
(a) Where collectiona of water on the site are one and
one-half feet or more in depth and occupy an area of seven
hundred (700) square feet or more, all public access to such
~ collections of water during the egcavation period shall be
' barred by a fence or some similarly effective barrier of at
least six (6) feet in height;
' (b) Where slopes ateeper than one foot vertical to one and
one-half feet horizontal exist or will egist for a period of one
month or more, public acceas to such alopes ahall be barred
by a fence or some similarly effective barrier of at least sig
(6) feet in height. (Ord. No. 150, § 7.1, 12-16-71)
Sec. 8-61. Slope.
The permittee under this chapter shall slope the banks,
and otherwise properly guard and keep any pit or
474
I
EXCAVATIONS § 8-55
excavation in such condition as not to be dangerous because
of sliding or caving banka. (Ord. No. 150, § 7.2, 12-16-71)
Sec. 8-52. Setback.
Extraction and processing shall not be conducted closer
than fifty (50) feet to the boundary of any area where such
operations are not in process. Excavation and proceasing
shall not be made closer than fifty (50) feet to the
right-of-way line of any existing or platted street, road, or
highway, except that excavating may be conducted within
such limits in order to reduce the elevation thereof in
conformity to the existing or platted atreet, road, or
highway. (Ord. No. 150, § 7.3, 12-16-71)
Sec. 8-53. Noise.
All equipment used for excavation and reclamation and
processing, shall be constructed, maintained and operated in
such manner as to eliminate, as far as ia practicable, noises
and vibrations which are injurious or substantially annoy-
ing to all persons living in the vicinity. The use of
explosives shall require specific city approval, upon
reasonable conditions. (Ord. No. 150, § 7.4, 12-16-71)
Sec. 8-54. Hours of operation.
All operations shall be conducted only between the hours
of 7:00 a.m. and 7:00 p.m., except in the case of public
emergency such as floods or whenever any reasonable or
necessary repairs to equipment are required to be made.
(Ord. No. 150, § 7.5, 12-16-71)
Sec. 8-55. Dust and dirt.
All equipment shall be constructed, maintained and
operated in such a manner as to minimize, as far as is
practicable, dust conditions which are injurious or sub-
stantially annoying to persons living in the vicinity. All
operations shall meet the standards of the state pollution
control agency. All accesa roads on the site operating to
public highways, roads or streets or to adjoining property
Supp. No. 21 475
; 8-55 ARDEN HILLS CODE
shall be paved, treated or watered as far as is practicable, so
as to minimize dust conditions. (Ord. No. 150, § 7.6,
12-16-71)
Sec. 8-56. Appearance.
All buildings and structures used for an operation
permitted under this chapter shall be maintained in such a
manner, as far as is practicable and according to acceptable
industrial practice, as to assure that such buildings and
structures will not become dangerously dilapidated. Weeds
and any other unsightly or noxious vegetation shall be cut
or trimmed as may be necessary to preserve a reasonably
neat appearance and to prevent seeding on adjoining
property. (Ord. No. 150, § 7.7, 12-16-71)
Sec. 8-57. Buildings, structures.
Within a period of three (3) months after the termination
of a permitted operation, within three (3) months after
abandonment of such operation for a period of sig (6)
months or within three (3) months after egpiration of a
permit, all buildings and structures incidental to such
operation shall be dismantled and removed by, and at the
expense of, the operator last operating such buildings and
structures; egcept that such buildings and structures need
not be dismantled and removed so long as they may legally
be used for some other purpose permitted in the zone in
which they are located. (Ord. No. 150, § 7.7, 12-16-71)
Sec. 8-58. Lighting.
The planned lighting of the area and of any other
equipment or structures that will be installed or built shall
be approved by the city. (Ord. No. 150, § 7.8, 12-16-71)
Supp. No. 21 476 [The next page is 5071
i FIRE PROTECTION AND PREVENTION § 9-34
Sec. 9-32. Defuutions.
(a) Corporation counseL Wherever the term "corporation coun-
I $el" is used in the fire code, it shall be deemed to mean the
attorney for the city.
(b) Jurisdiction. Wherever the word "jurisdiction" is used in
the fire code, it shall be deemed to mean the City of Arden Hills.
(Ord. No. 229, § 2, 10-11-83)
Sec. 9-33. Enforcement.
(a) Enforcing officer. The chief of the fire department serving
the city, or a representative designated by him, shall enforce the
provisions of this article and the fire code.
(b) Inspectors. The chief of the fire department may designate
such members of the fire department as inspectors as he shall
from time to time deem to be necessary. He may recommend the
employment of technical inspectors, who, when such authoriza-
tion has been made, shall be selected through an examination to
determine their fitness for the position. The examination shall be
open to members and nonmembers of the fire department, and
appointments made after examination shall be for an indefinite
term with removal only for cause. (Ord. No. 229, § 3, 10-11-83)
Sec. 9-34. Penalties.
Any person who shall violate any of the provisions of the fire
code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who ~
shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been
taken, or who shall fail to comply with such an order as aff'lrmed
or modified by the city council or by a court of competent jurisdic- i
tion, within the time fixed herein, shall severally for each and I
every such violation and noncompliance respectively, be guilty of ~
a misclemeanor, punishable as provided in section 1-10. The im- '
position of one penalty for any violation shall not excuse the '
violation or permit it to continue; and all such persons shall be ,
required to correct or remedy such violations or defects within a
3upp. Na 8 509
I
.
,
$ 9-34 ARDEN HILLS CODE
reasonable time; and when not otherwise specified, each day that
prohibited conditions are maintained shall constitute a separate
offense. The application of the above penalty shall not be held to
prevent the enforced removal or abatement of prohibited condi-
tions. (Ord. No. 229, § 9, 10-11-83)
Sec. 9-35. New materials, processes or occupancies which
may require permits.
The building inspector, zoning administrator, and the fire chief
shall act as a committee to determine and specify, after giving
affected persons an opportunity tb be heard, any new materials,
prceesses or occupancies, which shall require permits, in addition
to those now enumerated in the fire code. The fire chief sha1T post
a list of such new materials, prceesses or occupancies in a con-
spicuous place in his office and in the city hall and shall distrib-
ute copies thereof to interested persons. (Ord. No. 228, § 5, 10-11-
83)
Sec. 9-38. Establishment of permit fees.
The city couhcil may from time to time establish by resolution
permit fees for various permits required under the fire code, or by
the committee constituted by the previous section hereof, which
fees shall be uniformly and consistently applied to permittees.
(Ord. Nb. 229, § 6, 10-11-83)
Sec. 9-37. Appeals.
Whenever the fire chief shall tiisapprove an application or
refuse to grant a permit applied for, or when it is claimed that
" the provisiona of the fire code or this article do not apply or that
the true intent and meaning of the fire code or this ordinance
have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the fire chief to the city council
within thirty (30) days from the date of the decision appealed.
, (Ord. No. 229, § 7, 10-11-83)
Supp. No. 8 510,
~
Chapter 9
FIRE PftOTECTION AND PREVENTION*
Art. I. In General, 9-1-9-16
Art. H. Open Barning, j§ 9-16-8-30
Art. IIT. Code, 9-31-9-38
ARTICLE I. IN GENERAL
Secs. 8-1-9-15. Reserved.
ARTICLE II. OPEN BURNING
Sec. 8-16. ftegulations adopted.
Air Pollution Control Regulation 8, adopted by the
Minnesota Pollution Control Agency and amended pursuant
to public hearing held May 11, 1970, said Regulation 8
having been filed with the Secretary of State of Minnesota
' on or about June 1, 1970, is hereby adopted by reference
pursuant to Section 471.62 of Minnesota Statutes, as
amended. Pursuant thereto three (3) copies of said Regula-
tion 8 shall be marked "official copies" and kept on file in
the office of the clerk-administrator for use and examination
by the public. (Ord. No. 135, § 2, 6-8-70)
Sec. 8-17. R,efuse collection service available.
The city council does hereby determine that an adequate
refuse collection service is available in the city within the
meaning of such term as provided in the Air Pollution
Cbntrol Regulation 8. (Ord. No. 135, § 3, 6-8-70)
*Cross reference-Buildinqs, Ch. 6.
State law referencee-Authority to est.abliah fire department, M.S.A.
§ 412.221(17); rire prevention generally, M.S.A. Ch. 438.
3upp. No. 8 507
§ 9-18 ARDEN HILLS CODE
Sec. 9-18. Open burning prohibited.
No person shall dispose of refuse by open burning, or
cause, suffer, allow or permit open burning of refuse in the
city.
"Refuse" as used herein shall have the meaning as
defined in Minnesota Pollution Control Agency Solid Waate
Regulation SW 1(12), which definition is hereby adopted by
reference pursuant to Minnesota Statutes, Section 471.62, as
amended, and three (3) copies thereof ahall be filed by the
clerk-administrator and kept available for public use and
examination. (Ord. No. 135, § 4, 6-8-70)
Secs. 9-19-9-30. Reserved.
AftTICLE III. CODE*
See. 9-31. Adoption.
The Minnesota Uniform Fire Code (including the Uniform Fire
Code, 1982 edition as promulgated and amended by the Interna-
tional Conference of Building Officials and the Western Fire
Chiefa Association) as now established and hereafter amended by
the state fire marshal division of the Minnesota Department of
Public SafetY in regulations adoPted Pursuant to the mandate of
Section 299F.011 of Minnesota Statutes, as amended which shall
hereinafter be called the "fire code," is hereby adopted by the
city for the purpose of prescribing regulations goyerning condi-
tions hazardous to life and property from fire or explosion. Every
provision contained in the fire code is incorporated herein by
reference and shall be as much a part of this article as though it
had been setforth in full herein. At least two (2) copies of the fire
code, so adopted, shall at the time of passage hereof be marked as
official copies and filed in the office of the clerk-administrator of
the city. (Ord. No. 229, § 1, 10-11-83)
•Editor's note-Ord. No. 229, enacted Oct. 11, 1983, did not expressly amend
the Code; hence, inclusion of 1-7 and 9 as herein set out in 9-31-9-39 was
at the editor's discretion. '
3upp. No. 8 508
-
FIRE PROTECTION AND PREV"ENTION $ 9-38
Sec. 9-38. Establishment of limits of districts in wlueh stor-
age of flammable or combuetible liqufds and bulk
storage of liquefied petroleum gases and storage
of egplosives and blasting agents are to be pro-
hibited.
(a) Districts in which storage of flammable or combustible liq-
uids in outside aboveground tanks is to be prohibited The limits
referred to in Section 79.501 of the fire code, in which storage of
flammable or combustible liquids in outside, aboveground tanks
is prohibited, are hereby established as follows: R-1, R-2, R-3 and
R4 residential districts; B-1 and B-2 business districts.
(b) Districts in which new bulk plants for flammable or com-
bustible liquids are to be prohibited. The limits in which new bulk
plants for flammable or combustible liquids, as regulated by
Article 79, Division 14 of the fire code, are prohibited, are hereby
established as follows: R-1, R-2, R-3 and R-4 residential districts;
B-1 and B-2 business districts; I-1 industrial district.
(e) Distriets in which bulk storage of liquefied petroleum gases
is to be prohibited The limits referred to in Section 82.105(a) of
the fire code, in which bulk storage of liquefied petroleum gases '
is prohibited, except as allowed by special use permits heretofore
approved and in effect, in accordance with Section VI, E, 10 of the
zoning code, prior to the enactment of this ordinance, are flereby
established as follows: R-1, R-2, R-3 and R-4 residential districts;
B-1 and B-2 business districts.
(d) Districts in which storage of explosiues and blasting agents
are to be prohibited The limits referred to in Section 77.106(a) of
the fire code, in which storage of explosives and blasting agents
are prohibited, are hereby established as follows: R-1, R-2, R-3
and R-4 residential districts; B-1 and B-2 business districts; I-1
industrial district. (Ord. No. 229, § 4, 10-11-83)
~
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[The next page is 5431
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Supp. Na 8 511
I I
i
Chapter 9.5
FLOODPLAIN MANAGEMENT*
Art. I. Statutory Authorization, Findings of Fact and Purpose,
9.6-1-8.6-10
Art. II. General Provisions, 9.6-11-8.5-26
Art. III. Zoning Districts, 9.5-26-9.6-40
Art. IV. Administration, 9.6-41-9.6-60
Art. V. 3ubdivisions and Mobile Home Parks, 8.6-61-9.6-60
Art. VI. Nonconforming Uses, 8.6-61-9.6-65
Art. VII. Amendments, 8.5-66-8.6-70
Art. VIII. Enforcement, 9.6-71-8.6-73
AR,TICLE I. STATUTORY AUTHORIZATION,
FINDINGS OF FACT AND PUftPOSE
Sec. 9.5-1. Statutory authorization.
The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 104 and M.S.A. 462.357,
delegated the responsibility to local governmental units to
adopt regulations designed to minimize flood losses.
Therefore, the city council of Arden Hills, Minnesota does
ordain as follows. (Ord. No. 218, § 1(A), 5-26-81)
Sec. 9.5-2. Findings of fact.
(a) Existence of flood hazards. The flood hazard areas of
Arden Hills, Minnesota, are subject to periodic inundation
which results in potential loss of life, loss of property, health
*Editor's note-Ordinance No. 218, enacted May 26, 1981, did not
apecifically amend this Code; hence, codification of 1-12 of said
ordinance as Ch. 9.5 is at the diacretion of the editor. The ordinance is
included herein substantially as enacted, eacept that in several instances
the word "ordinance" has been changed to "chapter," "section" or
"article," and the numbering system has been revised to conform to
established Code format.
Cross references-Buildinga, Ch. 6; civil defense, Ch. 7; fire protection
and prevention, Ch. 9; lakes, Ch. 12; mobile homes, Ch. 14; planning and
zoning, Ch. 20; subdivisiona, Ch. 22; trees and vegetation, Ch. 27; zoning,
App. A.
Supp. No. 3
543
§ 9.5-2 ARDEN HILLS CODE
and safety hazards, disruption of commerce and govern-
mental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and general
welfare.
(b) Methods used to analyze flood hazards. This chapter is
based upon a reasonable method of analyzing flood hazards
which is consistent with the standards established by the
Minnesota Department of Natural Resources. (Ord. No. 218,
§ 1(B), 5-26-81)
Sec. 9.5-3. Purpose.
It is the purpose of this chapter to promote the public
health, safety and general welfare and to minimize those
losses described in section 9.5-2(a) by provisions contained
herein. (Ord. No. 218, § 1(C), 5-26-81)
Secs. 9.5-4-8.5-10. fteserved.
AftTICLE II. GENEIZAL PftOVISIONS
Sec. 8.5-11. Applicability.
This chapter shall apply to all lands within the
jurisdiction of Arden Hills shown on the official zoning map
as being located within the boundaries of the floodway,
, flood fringe and general floodplain. (Ord. No. 218, § 2(A),
5-26-81)
Note-See the editor's note following § 9.5-12.
Sec. 9.5-12. Establishment of official zoning map.
The official zoning map, together with all materials
attached thereto, is incorporated herein by reference and
declared to be a part of this chapter. The attached material
shall include the flood insurance study for the City of Arden
Hills prepared by the federal insurance administration,
dated January 2, 1981, and the flood boundary and floodway
' maps and flood insurance rate maps therein. The official
Supp. No. 3
544
1
FLOODPLAIN MANAGEMENT § 9.6-15
zoning map is on file at all times in the office of the
administrator. (Ord. No. 218, § 2(B), 5-26-81)
Editor's note-The official zoning maps referred to in § 9.5-12 is not
included in this Code, but is on file and available for reference in the offices
of the city.
Sec. 9.5-13. Interpretation.
(a) Interpretation of chapter provisions. In their interpre-
tation and application, the provisions of this chapter shall
be held to be minimum requirements and shall be liberally
construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted
by state statutes.
(b) Determination of boundaries. The boundaries of the
zoning districts shall be determined by scaling distances on
the official zoning map. Where interpretation is needed as to
the exact location of the boundaries of the district as shown
on the official zoning map, for example where there appears
to be a conflict between a mapped boundary and actual field
' conditions, the city council shall make the necessary
interpretation based on elevations on the regional (one
hundred-year) flood profile and other available technical
data. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to
present their case to the city council and to submit technical
evidence. (Ord. No. 218, § 2(C), 5-26-81)
Sec. 9.5-14. Compliance.
No structure or land located within the floodway, flood
fringe or general floodplain districts shown on the official
zoning map shall hereafter be used and no atructure shall be
located, extended, converted or structurally altered without
full compliance with the terms of this chapter and other
applicable regulations which apply to uses within the
jurisdiction of this chapter. (Ord. No. 218, § 2(D), 5-26-81)
Sec. 9.5-15. Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate or
impair any existing easements, covenants or deed restric-
9upp. No. 3
545
i
§ 9.5-15 ARDEN HILLS CODE
tions. However, where this chapter imposes greater restric-
tions, the provisions of this chapter shall prevail. All other
ordinances inconsistent with this chapter are hereby
repealed to the extent of the inconsistency only. (Ord. No.
218, § 2(E), 5-26-81)
Sec. 9.5-16. Warning and disclaimer of liability.
This chapter does not imply that areas outside the
floodplain districts or land uses permitted within such
~ districts will be free from flooding or flood damages. This
chapter shall not create liability on the part of Arden Hills
or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administra-
, tive decision lawfully made thereunder. (Ord. No. 218, §
2(F), 5-26-81)
Sec. 9.5-17. Severability.
If any section, clause, provision or portion of this chapter
is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this chapter shall
not be affected thereby. (Ord. No. 218, § 2(G), 5-26-81)
Sec. 9.5-18. Definitions.
Unless specifically defined below, words or phrases used
in this chapter shall be interpreted so as to give them the
same meanings as they have in common usage and so as to
give this chapter its most reasonable application:
Accessory use or structure. A use or structure which is
customarily incidental to the principal use or structure of
the lot on which it is maintained or constructed.
Administrator. The duly appointed zoning administrator
for the City of Arden Hills.
Equal degree of encroachment. A method of determining
the location of floodway boundaries so that floodplain lands
on both sides of a stream are capable of conveying a
proportionate share of flood flows.
Supp. No. 3
546
FLOODPLAIN MANAGEMENT § 9.5-18
Flood. A temporary increase in the flow or stage of a
strearn or in the stage of a lake that results in the
inundation of normally dry areas.
Flood frequency. The average frequency, statistically
determined, for which it is expected that a specific flood
stage or discharge may be equalled or exceeded.
Flood fringe. That portion of the floodplain outside of the
floodway and one of the three (3) zoning districts created
hereby, the boundaries of which are shown on the official
zoning map. Flood fringe is synonymous with the term
"floodway fringe" used in the flood insurance study for
Arden Hills.
Floodplain. The areas adjoining a watercourse which have
been or hereafter may be covered by the regional flood.
Floodproofing. A combination of structural provisions,
changes or adjustments to properties and structures subject
to flooding, primarily for the reduction or elmination of flood
damages.
Floodway. The channel of the watercourse and those
portions of the adjoining floodplain which are reasonably
required to carry and discharge the regional flood and one
of the three (3) zoning districts created hereby, the
boundaries of which are shown on the official zoning map.
Obstruction. Any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel modifi-
cation, culvert, building, wire, fence, stockpile, refuse, fill,
structure or matter in, along, across or projecting into any
channel, watercourse or regulatory floodplain which may
impede, retard or change the direction of the flow of water,
either in itself or by catching or collecting debris carried by
such water.
Reach. A hydraulic engineering term to describe a ,
longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the
segment of a stream or river between two (2) consecutive
bridge crossings would most typically constitute a reach.
Supp. No. 3
I 547
I
§ 9.5-18 AftDEN HILLS CODE
Regional flood. 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 one
hundred-year recurrence interval. Regional flood is synony-
rnous with the term "base flood" used in the flood insurance
study.
Regulatory flood protection eleuation. The regulatory flood
protection elevation shall be an elevation no lower than one
(1) foot above the elevation of the regional flood, plus any
increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
Structure. Anything constructed, the use of which requires
more or less permanent location on the ground or
attachment to something having a permanent location on
the ground. (Ord. No. 218, § 2(H), 5-26-81)
Secs. 9.5-19-9.5-25. fteserved.
ARTICLE III. ZONING DISTR,ICTS*
Sec. 9.5-26. Designation of zoning districts.
The floodplain areas within the jurisdiction of this
chapter are hereby divided into three (3) districts as follows:
(1) Floodway district. The floodway district shall include
those areas designated as floodway in the flood
insurance study.
(2) Flood fringe district. The flood fringe district shall
include those areas designated as floodway fringe in
the flood insurance study.
(3) General floodplain district. The general floodplain
district shall include those areas designated as
unnumbered "A" zones on the flood insurance rate
map.
"Editor's note-The official zoning map is not included herein, but is on
file and avaitable for reference in the offices of the city.
Supp. No. 3
548
FLOODPLAIN MANAGEMENT § 9.5-28 •
The boundaries of these districts shall be shown on the
official zoning map. (Ord. No. 218, § 3(A), 5-26-81).
Sec. 9.5-27. Uses prohibited, generally.
Within these districts all uses not allowed as permitted
uses or permissible as special uses shall be prohibited. (Ord.
No. 218, § 3(B), 5-26-81)
' Sec. 9.5-28. Floodway district (FW).
(A) Permitted Uses. The following uses have a low flood
damage potential and do not obstruct flood flows. These
uses shall be permitted within the floodway district to the
extent that they are not prohibited by any other ordinance
and provided they do not require structures, fill or storage of
materials or equipment. In addition, no use shall adversely
affect the capacity of the channels or floodways or any
tributary to the main stream or of any drainage ditch, or
any other drainage facility or system.
(1) Agricultural uses, such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvest-
ing.
(2) Private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery ranges,
picnic grounds, boat launching ramps, swimming
areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shopting preserves, target
ranges, trap and skeet ranges, hunting and fishing
areas, and single or multiple purpose recreational
trails.
(3) Residential uses such as lawns, gardens and play ~
areas.
(B) Special Uses. The following open space uses involving
structures (temporary or permanent), fill, or storage of I
materials or equipment which have high flood damage
potential may be permitted in the floodway district only
after the issuance of a special use permit as provided in
Supp. No. 3 ,
549 '
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~
§ 9.5-28 ARDEN HILLS CODE
section 9.5-42. These uses are also subject to the provisions
of subsection (C) hereof, which applies to all floodway
special uses:
(1) Extraction of sand, gravel and other materials.
(2) Boat, docks, piers, wharves and water control
structures.
(3) Railroads, streets, bridges, utility transmission lines
and pipelines.
(4) Storage of materials and equipment except as
provided in subsection (C)(3)(a) hereof.
(5) Structures accessory to open space uses.
(6) Placement of fill. •
(7) Other uses not specifically listed but similar in nature
to uses described in subsections (A) and (B)(1)-(6) of
I this section.
(C) Standards for Floodway Special Uses:
(1) All uses. No structure (temporary or permanent), fill
(including fill for roads and levees), deposit, obstruc-
tion, storage of materials or equipment, or other uses
' may be allowed as a special use which, acting alone
or in combination with existing or reasonably
anticipated future uses, adversely affects the capacity
of the floodway.
' (2) Fill. Any fill proposed to be deposited in the floodway
must be shown to have some heneficial purposes and
the amount thereof must not exceed that necessary to
achieve the intended purpose, as demonstrated by a
I plan submitted by the owner showing the uses to
which the filled land will be put and the final
dimensions of the proposed fill or other materials.
Such fill or other materials shall be protected against
erosion by riprap, vegetative cover or bulkheading. ~
(3) Storage of materials and equipment:
(a) The storage or processing of materials that are, in
times of flooding, flammable, explosive or poten-
Supp. No. 3
550
FLOODPLAIN MANAGEMENT § 9.5-29
tially 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.
(4) Structural works for flood control. Levees, dikes and
floodwalls shall not be constructed within the limits of
the floodway district. Other structural works for flood
control, such as dams and channel enlargements, that
will change the course, current or cross section of a
public water shall be subject to the provisions of
Minnesota Statutes 1974, Chapter 195.
(5) Utilities, railroad tracks, streets and bridges. Public
utility facilities, roads, railroad tracks and bridges
within the floodplain shall conform to the require-
ments of subsections (C)(1) and (C)(2) hereof, and
shall be designed to minimize increases in flood
elevations. Protection to the regulatory flood protec-
tion elevation shall be provided where failure or
interruption of these public facilities would result in
danger to the public or safety or where such facilities
are essential to the orderly functioning of the area.
Where failure or interruption of service would not
endanger life or health, a lesser degree of protection
may be provided for minor or auxiliary roads,
railroads or utilities. (Ord. No. 218, § 4, 5-26-81)
Sec. 9.5-29. Flood fringe district (FF).
(A) Permitted Uses. Land in the flood fringe district shall
be used only for the uses permitted in the zoning district in
which the land is located; provided, however, that no use
shall be permitted which will reduce or otherwise adversely
affect the capacity of the channels or floodways of any
tributary to the main stream, or of any drainage ditch, or
any other drainage facility or system. The following uses
shall be permitted uses within the flood fringe district to the
extent that they are not prohibited by any other ordinance:
(1) Any use permitted in section 9.5-28(A).
Supp. No. 3
551
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~
§ 9.5-29 AftDEN HILLS CODE
(2) Residences and other structures constructed on fill so
that the basement floor, or first floor if there is no
basement, is at or above the regulatory flood
protection elevation.
(3) Accessory structures, provided they are constructed
and placed on the lot in a manner to minimize the
obstruction to the flow of floodwaters, and are
floodproofed in accordance with the state building
code.
(B) Special Uses. The following uses may be permitted in
the flood fringe district only after the issuance of a special
use permit as provided in section 9.5-42.
(1) Residences which cannot meet the requirements of
subsection (A)(2) of this section because of lot size or
the elevations of streets and utilities but which can
demonstrate other methods of elevating the first floor
above the regulatory flood protection elevation and are
~ floodproofed in accordance with the state building
code.
(2) Nonresidential structures with first floor elevations
below the regulatory flood protection elevation, but
which are floodproofed to the FP-1 or FP-2 classifica-
tion in accordance with the state building code.
(C) Standards for Flood Fringe Uses:
(1) The finished fill elevation for buildings with first floor
elevations above the regulatory flood protection
elevation shall be no lower than one (1) foot below the
regulatory flood protection elevation and shall extend
at such elevation at least fifteen (15) feet beyond the
limits of any structure or building erected thereon. Fill
shall be compacted and the slopes shall be protected
by riprap or vegetative covering. Residences con-
structed on fill shall be subject to the vehicular access
requirements in subsection (C)(2) hereof.
(2) Residences that do not have vehicular access at or
above an elevation not more than two (2) feet below
Supp. No. 3
552
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FLOODPLAIN MANAGEMENT § 9.5-40
the regulatory flood protection elevation shall not be
permitted unless granted a variance. Such variance
shall specify limitations on the period of use or
occupancy of the residence.
(3) Nonresidential accessory land uses, such as storage
yards, railroad tracks and parking lots, may be at
elevations lower than the regulatory flood protection
elevation. However, a 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 inundate to a depth greater than two (2) feet or
be subject to flood velocities greater than four (4) feet
per second upon occurrence of the regional flood. (Ord.
No. 218, § 5, 5-26-81)
Sec. 9.5-30. General floodplain district (GFP).
(A) Permitted Uses. Any use permitted in section 9.5-
28(A).
(B) Special Uses. All other uses are permitted only after
the issuance of a special use permit as provided in section
9.5-42. The general floodplain district includes the entire
floodplain and does not differentiate between those areas
that are floodway and those areas that are flood fringe.
Because of this, the city council shall determine whether the
proposed use is in the floodway or flood fringe district using
procedures established in section 9.5-42(c). If it is deter-
i mined that the use lies in the floodway, the provisions of
section 9.5-28 of this chapter shall apply. If it is determined
that the proposed use lies in the flood fringe, the provisions
of section 9.5-29 of this chapter shall apply. (Ord. No. 218, §
6, 5-26-81)
Secs. 9.5-31-9.5-40. Reserved.
Supp. No. 3
553
i
§ 9.5-41 ARDEN HILLS CODE
ARTICLE IV. ADMINISTR.ATION
Sec. 9.5-41. Building permits.
(A) Building permit required. A building permit issued by
the administrator in conformity with the provisions of this
chapter shall be secured prior to the erection, addition or
alteration of any building, structure or portion thereof; prior
to the use or change of use of a building, structure, or land;
prior to the change or extension of a nonconforming use.
(B) Application for building permit. Application for a
building permit shall be made to the administrator on forms
furnished by him/her and shall include the following where
applicable: Plans drawn to scale, showing the nature,
location, dimensions and elevations of the lot; existing or
proposed structures, fill or storage of materials; and the
location of the foregoing in relation to the stream channel.
The site plan review procedure specified in Section VIIIE of
the zoning ordinance [Appendix A of this Code] shall be
followed for nonresidential buildings and uses. (Ord. No.
218, § 7(A), 5-26-81)
Sec. 9.5-42. Special use permits.
(a) Permit Required. A special use permit shall be required
for all structures and uses so designated by the provisions
of this chapter.
(b) Application for Special Use Permit. Application for a
special use permit shall be made to the administrator in
accordance with the procedure specified in Section VIIIC of
the zoning ordinance [Appendix A]. In addition to the
documentation required therein, the following information
may be required at the discretion of the administrator:
(1) A typical ualley cross section, showing the channel of
the stream, elevation of land areas adjoining each side
of the channel, cross-sectional areas to be occupied by
the proposed development and high water informa-
tion.
Supp. No. 3
554
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FLOODPLAIN MANAGEMENT § 9.5-42
(2) Plan (surface view), showing elevations or contours of
the ground; pertinent structure, fill or storage eleva-
tions; size, location and spatial arrangement of all
proposed and existing structures on the site; location
and elevations of streets; photographs showing
existing land uses and vegetation upstream and
downstream; and soil type.
(3) Profile, showing the slope of the bottom of the
channel or flow line of the stream for at least five
hundred (500) feet in either direction from the
proposed development.
(c) Eualuation of Data. Upon receipt of a special use
permit application within the general floodplain district, one
copy of all the materials and information listed in section
9.5-42(b) shall be submitted to a designated engineer or
other expert person or agency for technical assistance in
determining whether the proposed use is in the floodway or
flood fringe and to determine the regulatory flood protection
elevation. Procedures consistent with Minnesota Regulations
NR 86-87 shall be followed in this expert evaluation. The
designated engineer or expert shall:
(1) Estimate the peak discharge of the regional flood.
(2) Calculate the water surface profile of the regional
flood based upon a hydraulic analysis of the stream
channel and overbank areas.
(3) Compute the floodway necessary to convey the
regional flood without increasing flood stages more
than five-tenths (0.5) feet. An equal degree of
encroachment on both sides of the stream within the
reach shall be assumed in computing floodway
boundaries.
Based upon the technical evaluation of the designated
engineer or expert, the city council shall determine whether
the proposed use is in the floodway or flood fringe and the
regulatory protection elevation at the site.
(d) Reuiew and Approval Procedure. The review and
approval procedure specified in Section VIIIC of the zoning
Supp. No. 3
555
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f 9.b-42 AR,DEN HILLS CODE
ordinance [Appendix A] shall be followed for uses requiring
special use permits under the provisions of this chapter. The
state commissioner of resources shall be notified of all
Aesrings for special use permits within the floodplain.
In passing upon special use applications, the city
council shall consider all relevant factors specified in other
aections of this chspter, and:
(1) The danger to life and property due to increased flood
heights or velocities caused by encroachments.
(Z) The danger that materials may be swept onto other
lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems
and the ability of these systems to prevent disease,
contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner.
(5) The importance of the services provided by the
proposed facility to the community.
(6) The requirements of the facility for a waterfront
location.
(7) The availability of alternative locations not subject to
flooding for the proposed use.
(8) The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future.
(9) The relationship of the proposed use to the compre-
hensive plan and floodplain management program for
the area.
(10) The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters expected at
the site.
3upp. No. 3
556
FLOODPLAIN MANAGEMENT § 9.5-43
(12) Such other factors which are relevant to the purposes
of this chapter.
(e) Filing with Commissioner of the Minnesota Depart-
ment of Natural Resources. A copy of all decisions granting
special use permits shall be forwarded by mail to the
commissioner of the Minnesota Department of Natural
Resources within the ten (10) days of such action. (Ord. No.
218, § 7(B), 5-26-81)
Sec. 8.5-43. Variances.
The council may authorize, upon appeal in specific cases,
such variance from the terms of this chapter as will not be
contrary to the public interest, where, owing to special
conditions, literal enforcement of the provisions of the
chapter will result in unnecessary hardship. No variance
shall have the effect of allowing in any district uses
prohibited in that district, permit a lower degree of flood
protection than the regulatory flood protection elevation for
the particular area, or permit standards lower than those
required by state law.
(a) Application, review and approval procedure. The
application, review and approval procedure specified
in Section VIIID of the zoning ordinance [Appendix
A] shall be followed for all requests for variances from
the provision of this chapter.
(b) Notification of Commissioner of the Minnesota
Department of Natural Resources. Applieations for
variances shall be submitted by mail to the commis-
sioner of resources at least ten (10) days prior to the
date on which the city council will hear and act on the
variance request. A copy of all decisions granting
variances shall be forwarded by mail to the commis-
sioner of the Minnesota Department of Natural
Resources within ten (10) days of such action. (Ord.
No. 218, § 7(C), 5-26-81)
I
I
i
Supp. No. 3 '
557
r
§ 9.5-44 ARDEN HILLS CODE
Sec. 9.5-44. General application, permit, use, etc.,
requirements.
(a) State and federal permits. Prior to granting a building
permit or processing an application for a conditional use
permit or variance, the zoning administrator shall determine
that the applicant has obtained all necessary state and
federal perrnits.
(b) Certificate of zoning compliance for a new, altered or
nonconforming use. It shall be unlawful to use, occupy or
permit the use or occupancy of any building or premises or
part thereof hereafter created, erected, changed, converted,
altered or enlarged in its use or structure until a certificate
of zoning compliance shall have been issued by the
administrator stating that the use of the building or land
conforms to the requirements of this chapter. Where a
nonconforming use or structure is extended or substantially
altered, the certificate of zoning compliance shall specifical-
ly state the manner in which the nonconforming structure
or use differs from the provisions of this chapter.
(c) Construction and use to be as prouided in applica-
tions, plans, permits and certificate of zoning compliance.
Use permits, conditional use permits or certificates of zoning
compliance, issued on the basis of approved plans and
applications, authorize only the use, arrangement and
construction set forth in such approved plans and applica-
, tions, and no other use, arrangement, or construction. Any
use, arrangement or construction at variance with that
authorized shall be deemed violation of this chapter, and
punishable as provided by section 9.5-72 of this chapter.
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 chapter. Floodproofing measures shall be
certified by a registered professional engineer or registered
architect.
(d) Record of first floor eleuation. The administrator shall
maintain a record of the elevation of the first floor
3upp. No. 3
558
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i
FLOODPLAIN MANAGEMENT § 9.5-61
(including basement) of all new structures or additions to
existing structures in the floodplain districts. He/she shall
also maintain a record of the elevations to which structures
or additions to structures are floodproofed. (Ord. No. 218, §
7(D), 5-26-81)
Secs. 9.5-45-9.5-50. Reserved.
AR.TICLE V. SUBDIVISIONS AND MOBILE
HOME PAR,KS
Sec. 9.5-51. Construction in subdivisions.
All lots subdivided within any floodplain district shall
contain a building site at or above the regulatory flood
protection elevation. All subdivisions shall have water and
sewage facilities that comply with the provisions of the
floodplain management ordiance [this chapter], and have
road access both to the subdivision and to the individual
building sites no lower than two (2) feet below the regulatory
flood protection elevation. (Ord. No. 218, § 8, 5-26-81)
Sec. 9.5-52. New and egisting mobile home parks.
New mobile home parks and expansions to existing
mobile home parks shall be subject to the provisions placed
on subdivisions by section 9.5-51 of this chapter. (Ord. No.
218, § 9, 5-26-81)
Secs. 9.5-53-9.5-60. fteserved.
AItTICLE VI. NONCONFORMING USES
Sec. 9.5-61. Conditions for continuance; elimination.
A structure or the use of a structure or premises which
was lawful before the passage or amendment of this chapter
but which is not in conformity with the provisions of this
chapter may be continued subject to the following condi-
tions:
Supp. No. 3
559
§ 9.5-61 ARDEN HILLS CODE
(a) No such use shall be expanded, changed, enlarged or
altered in a way which increases its nonconformity.
(b) No structural alteration or addition to any noncon-
forming structure over the life of the structure shall
exceed fifty (50) per cent of its assessed value at the
time of its becoming a nonconforming use, unless the
entire structure is permanently changed to a conform-
ing use or unless the alteration or addition would
substantially reduce potential flood damages for the
entire structure.
(c) Any alteration or addition to a nonconforming
structure or use which would result in substantially
increasing the flood damage potential of that use
shall require that the structure or use shall be
floodproofed in accordance with the state building
code.
(d) If any nonconforming use is discontinued or aban-
doned, or a nonconforming structure is left unoccupied
for twelve (12) consecutive months, any future use of
the building premises shall conform to this chapter.
The building inspector shall notify the administrator
in writing of instances of nonconforming uses which
have been discontinued for a period of twelve (12)
months.
(e) If any nonconforming use is destroyed by any means,
including floods, to an extent of fifty (50) per cent or
more of its assessed value, it shall not be reconstruct-
ed except in conformity with the provisions of this
chapter. However, the city council may issue a special
use permit for reconstruction if the use is located
outside the floodwaY and, uPon reconstruction+ is
adequately floodproofed, elevated or otherwise protect-
ed in conformity with the provisions of this chapter.
(f) Nonconforming uses located in the floodway district
shall be eliminated or brought into conformity with
the standards contained in this chapter within a
reasonable period of time as determined by the city
3upp. No. 3
560
I
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?
FLOODPLAIN MANAGEMENT § 9.5-70
council, after a hearing for each such nonconforming
use. The city council shall make its determination
upon the basis of the normal useful life of any
improvement upon the premises. In addition, the
monetary value of any competitive advantage derived
by the operation of such nonconforming use, by
reason of the limitation on establishment of competing
businesses as a result of this chapter, shall be
considered as a reduction of losses resulting from the
requirement of termination of the use under this
chapter. (Ord. No. 218, § 10, 5-26-81)
Secs. 9.5-62-9.5-65. fteserved.
ARTICLE VII. AMENDMENTS
Sec. 8.5-66. Floodplain designation on zoning map,
amendments to chapter; approval re-
quired.
(a) The floodplain designation on the official zoning map
shall not be removed from floodplain areas unless it can be
shown that the designation is in error or that the area has
been filled to or above the elevation of the regional flood and
is contiguous to lands outside the floodplain. Special
exceptions to this rule may be permitted by the commission-
er of natural resources if he determines that, through other
measures, lands are adequately protected for the intended
i use.
(b) All amendments to this chapter, including amend-
ments to the official zoning map, must be submitted to and
approved by the commissioner of natural resources prior to
adoption. Changes in the official zoning map also require
prior approval by the Federal Insurance Administration.
(Ord. No. 218, § 11, 5-26-81)
Secs. 8.5-67-8.5-70. fteserved.
3upp. No. 3
561
i
§ 9.5-71 ARDEN HILLS CODE
' AftTICLE VIII. ENFORCEMENT
Sec. 9.5-71. Enforcing officer.
This chapter shall be enforced by the administrator who is
appointed by the city council. The administrator may
institute, in the name of the City of Arden Hills, any
appropriate actions or proceedings against a violator as
provided by statute or ordinance. (Ord. No. 218, § 12(A),
5-26-81)
Sec. 9.5-72. Violations-Penalties.
Violation of the provisions of this chapter or failure to
comply with any of its requirements (including violations of
conditions and safeguards established in connection with
grants of variances or conditional uses) shall constitute a
misdemeanor. Any person who violates this chapter or fails
to comply with any of its requirements shall, upon
conviction thereof, be fined not more than five hundred
' dollars ($500.00) or be imprisoned for not more than ninety
(90) days, or both, and in addition shall pay alI costs and
expenses involved in the case. Each day such violation
continues shall be considered a separate offense. (Ord. No.
218, § 12(B), 5-26-81)
Sec. 9.5-73. Same-Additional recourse.
Nothing herein contained shall prevent the city council
from taking such other lawful action as is necessary to
prevent or remedy any violation. (Ord. No. 218, § 12(C),
5-26-81)
Supp. No. 3 [The next page is 579]
562
Chapter 10
FOOD AND FOOD HANDLER.S*
Art. I. In General, 10-1-10-16 '
Art. II. Restaurants, 10-16-10-18 .
ARTICLE I. IN GENEftAL
Secs. 10-1-10-16. Iteserved.
ARTICLE II. R.ESTAUItANTSt .
Sec. 10-16. Compliance.
No person shall operate any restaurant, cafe, public
dining room or eating house unless it is at all times clean
and sanitary, and all requirements of this article and other
applicable provisions of this Code have been fulfilled. (Ord.
No. 14, § 1, 9-26-55)
Sec. 10-17. Authority of health officer. i
If upon investigation of any restaurant, cafe, dining room '
or eating house, the health officer finds violationa of this
article or other applicable provision of this Code he ahall
notify the owner, proprietor or manager in writing stating
the condition to be corrected and stating a reasonable time
(not less than forty-eight (48) hours) in which the correction
ahall be made. Failure to comply with such notice shall
constitute a violation of this article. (Ord. No. 14, § 2,
9-26-55)
•Cross references-Licenaes, Ch. 13; fees for miacellaneous activitiea, §
13-52-13-60.
State law references-Food law, M.S.A. Ch. 31; meat inspection,
M.S.A. Ch. 31A; dairy producta, M.S.A. Ch. 32.
1'Cross reference-Licenae fee, § 13-59.
State law reterence-Authority to regulate reataurants, M.S.A. §
412.221(30).
579
I
i ~
§ 10-18 AR.DEN HILLS CODE
See. 10-18. Physical ezamination of food handlers.
It shall be unlawful for any person to engage in the
handling and/or sale of food or food products or allow any
person to be so engaged if his condition ia such that disease
may be transmitted by,him to others either directly or
indirectly. Upon receipt of a complaint or whenever deemed
necessary by the health officer, a special physical examina-
tion may be required of any person so engaged. (Ord. No.
14, § 3, 9-26-55)
~
[The neat page is 6311
580
1
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Chapter 11
GA1tBAGE AND TRASH*
Art. I. In General, 11-1-11-1b
Art. II. Collection, 11-18-11-19
ARTICLE I. IN GENER,AL
Sec. 11-1. Purpose.
The city council finds, determines and declares that it is
necessary and conducive for the protection of the public
health, safety and welfare of the people of the city to provide
regulations for the dumping and disposal of garbage, refuse
and other trash within the city. The purpose of this chapter
is to regulate and control the dumping and disposal of
garbage and refuse in the city, to the end that the public
health, safety and welfare of the people of the city will be
protected and enhanced and to prevent and prohibit the
indiscriminate and uncontrolled use of property for dumping
purposes in violation of zoning and health regulations and
recognized public health standards; to prevent and prohibit
open dumping on land in the city and to require that
disposal and dumping of garbage and refuse be authorized
only pursuant to permits granted hereunder. (Ord. No. 97, §
1, 9-12-66)
Sec. 11-2. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings reapectively ascribed to
them:
Garbage: All animal and vegetable waste and all
putrescible matter.
'Cross reference-Garbage, refuse control in mobile home courts, §
14-32.
3tate law reference-Sewage and rubbiah disposal, M.S.A. Ch. 443.
:
631
§ 11-2 ARDEN HILLS CODE
Private dump: All land or parcela of land on which
nonputrescible refuse ia accepted for deposit or permitted to
be deposited regardless of whether a charge is made
therefor.
Refuse: All waste substances including garbage as well as
combustible and noncombustible wastes.
Sanitary landfill: A type of operation in which refuse is
deposited by plan on a apecified portion of open land, is
compacted by forces applied by mechanical equipment, and
then is covered by a layer of earth, ashes or suitable
material to a depth of at least two (2) feet. (Ord. No. 97, § 2,
9-12-66)
Sec. 11-3. Depositing restricted.
No person shall deposit or cause to be deposited any
garbage or other refuse upon any vacant lot or other tract of
land, whether platted or unplatted, or upon any ground
appurtenant to any building in the city egcept in the
manner provided by this chapter. (Ord. No. 43, § 2, 7-29-59)
Sec. 11-4. Storage.
Egcept as otherwise provided in this section all garbage
and other refuse shall be kept in rust-resistant, watertight,
nonabsorbent and easily washable containers which are
equipped with a bail or handles and covered with
close-fitting lids. Insofar as practicable, all garbage shall be
drained of liquids and wrapped in papers. Containers shall
have a capacity of not less than ten (10) nor more than
thirty (30) gallons and shall be provided in sufficient
number to hold all garbage and other refuse accumulating
' between collections. Insofar as practicable, boges, papers,
tree cuttings, and odd articles shall be cruahed and placed
outaide of such containers in bundlea not egceeding three (3)
feet in length and fifty (50) pounda in weight. All containera
shall be washed and treated with a disinfectant as often as
necessary to prevent nuisance. Such containers shall be
kept in an accessible location . for collection and shall be
~
632
I
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GAftBAGE AND TRASH § 11-19
kept in a location on the owner's premises that is as
nonconspicuous as practicable from adjoining premises.
(Ord. No. 43, § 3, 7-29-59)
Sec. 11-5. Dumping prohibited.
The dumping of any garbage, refuse and any combustible
material on any land in the city is hereby prohibited. (Ord.
No. 97, 9-12-66)
Secs. 11-6-11-15. Reserved.
ARTICLE II. COLLECTION
Sec. 11-16. Collection restricted.
No person, except a collector duly licensed by the city,
shall collect or in any manner interfere with garbage and
other refuse placed in containers for collection or interfere in
any manner with containers for garbage or refuse. (Ord. No.
43, § 2, 7-29-59)
Cross reference-License fee for garbage, refuse collectors, § 13-47.
Sec. 11-17. Arrangement for service.
Each person having garbage or refuse for collection shall
arrange for the collection thereof with a licensed collector
and shall pay such collector not to exceed therefor at hia
scheduled rates. (Ord. No. 43, § 4(1), 7-29-59)
Sec. 11-18. Frequency.
Collection of garbage and other refuse shall be made at
least once each week by a duly licenaed collector. (Ord. No.
43, § 4(1), 7-29-59)
Sec. 11-19. Vehicles.
All garbage or other refuse shall be transported on the
streets or alleys in the city only in vehicles with leakproof
bodies of easily cleanable construction and completely
633
§ 11-19 AR.DEN HILLS CODE
covered with metal. Vehicles shall be so operated that
contents do not spill or drip upon streets or alleys or
otherwise create a nuisance. (Ord. No. 43, § 4(2), 7-29-59)
I
[The neat page ia 6851
634
- I
Chapter 12
LAKES*
Art. I. In General, 12-1-12-16
Art. II. Lake Johanna, 12-18-12-32
Div. 1. Generally, 12-16-12-26
Div. 2. Speed zones, 12-27-12-32
ARTICLE I. IN GENER.AL
Secs. 12-1-12-15. Reserved.
ARTICLE II. LAKE JOHANNA
DIVISION 1. GENERALLY
Sec. 12-16. Purpose, intent and application.
As authorized by Section 378.32, Subdivision 1 of
Minnesota Statutes, as now in effect and as hereafter
amended, this article is enacted for the purpose and with the
intent to control and regulate the use of the waters of Lake
Johanna (62-78), T. 30, R. 23, S. 33-34, Ramsey County,
Minnesota, a body of water located entirely within the
boundariea of the city, to promote its fullest use and
enjoyment by the public in general and the citizena of the
city in particular; to insure safety for persons and property
in connection with the use of said watera; to harmonize and
integrate the varying uses of said watera; to fulfill a demand
for the regulation of said waters as indicated by citizens of
the city who reaponded to questionnaires circulated by the
city as to the need for such regulations; and to promote the
general health, safety and welfare of the citizens of this
I city. (Ord. No. 181, § 1, 10-28-74)
•Croas references-Amusements, Ch. 4; parking vehiclee at beaches, §
26-10.
$tate law reterence-Waters and watercraft safety, M.S.A. Ch. 361.
685
§ 12-17 ARDEN HILLS CODE
Sec. 12-17. Laws, regulations-Adopted.
The Minnesota Waters and Watercraft Safety Laws,
Sections 361.01-36129, as they now exist and are hereafter
amended, and the Boat and Water Safety Rules and
Regulations promulgated by the State of Minnesota
Department of Natural Resources, NR 200-212, as the same
now exiat and are hereafter amended, are hereby adopted,
incorporated herein by reference, and made a part hereof as
if set forth in their entirety. At least three (3) copies of said
Waters and Watercraft Safety Laws and Boat and Water
Safety Rules and Regulations, so adopted, shall be marked
as official copies and filed in the office of the clerk-adminis-
trator. (Ord. No. 181, § 2, 10-28-74)
Sec. 12-18. Same-Violations.
Any person violating the Minnesota Waters and Water-
craft Safety Laws and the Boat and Water Safety Rules and
Regulationa promulgated by the Minnesota Department of
Natural Resourcea, adopted and incorporated herein by
reference, shall be subject to the penalties and punishment
hereinafter provided. (Ord. No. 181, § 3, 10-28-74)
Sec. 12-19. Enforcement.
The appropriate officials of the city are authorized and
directed to make such arrangements with the county,
including entering into a joint powera agreement therewith,
if necessary, to insure the placement of buoya demarcating
the restricted apeed zones, the notification of the public of
the egistence of this chapter and the enforcement of the
provisions of this chapter by the county aheriff's office.
Notwithstanding anything herein to the contrary, officers of
the city police department ahall be authorized and entitled
to enforce the provisions of this chapter in conjunction with
and in addition to officers and deputies of the county
sheriff's office whether or not said offcera of the citY Police
department are deputized by the county aheriff's office.
(Ord. No. 181, § 6, 10-28-74)
686
. ~
- -
(
LAKES § 12-29
Sec. 12-20. Surface zoning map.
The boundaries of the various speed zones of the waters of
Lake Johanna are designated on the map thereof on file in
the office of the clerk-administrator, which map is adopted
and incorporated herein by reference and shall hereinafter
be referred to as the "Surface Water Zoning Map of Lake
Johanna." (Ord. No. 181, § 4(a), 10-28-74)
Secs. 12-21-12-26. Reserved.
DIVISION 2. SPEED ZONES
Sec. 12-27. Establishment and designation.
There is hereby established and created a restricted speed
zone between the shoreline of Lake Johanna and a line
approximately two hundred fifty (250) feet from the
shoreline, which line shall be clearly marked by the
placement of buoys at such intervals as are necessary to
inform watercraft users of Lake Johanna and clearly to
demarcate said reatricted speed zone. In addition to the
aforesaid restricted speed zone, there is hereby establiahed
I and created an additional restricted apeed zone encompass-
ing the shallow area approximately near the center of Lake
Johanna, as delineated on the Surface Water Zoning Map,
which additional restricted apeed zone shall be clearly
marked by the placement of buoys at such intervals as are
necessary to inform watercraft users and clearly to
demarcate said zone. (Ord. No. 181, § 4(b)(1), 10-28-74)
Sec. 12-28. Masimum speed.
Within the restricted apeed zones established hereby, no
watercraft ahall at any time be operated at a speed in egcess
of five (5) miles per hour. (Ord. No. 181, § 4, 10-28-74)
Sec. 12-29. Open speed zone.
There is hereby created and eatablished an open apeed
zone on Lake Johanna encompassing all that portion of the
687
~
§ 12-29 ARDEN HILLS CODE ~
surface thereof between and not included in the restricted
speed zones created and established hereby. (Ord. No. 181, §
4, 10-28-74)
Sec. 12-30. Restrictions during certain hours.
Within the open speed zone, between the houra of 11:00
a.m. and 3:00 p.m. and 7:00 p.m. and 7:00 a.m. on each and
every day of the week, no motorboat ahall be operated at a
speed in excess of five (5) miles per hour. At all other times
during each and every day of the week, motorboata shall be
subject to no speed limit and may be operated at
unrestricted speeds. (Ord. No. 181, § 4, 10-28-74)
Sec. 12-31. Direction of travel during unrestricted
epeed times.
Within the open speed zone, during the houra in which
unrestricted operating speeds are permitted, all motorboats
shall travel and be operated in a counterclockwise direction
around Lake Johanna. (Ord. No. 181, § 4, 10-28-74)
Sec. 12-32. Nonsanctioned racing prohibited.
Racing, that is the participation of two (2) or more
operators of motorboats operating their motorboata in a
competition of speed, shall be prohibited on the waters of
Lake Johanna unless the same takea place as part of a
scheduled or public race, regatta, tournament or other
competition or exhibition duly sanctioned by the county
sheriff pursuant to Section 36120 of the Minnesota Statutea,
I as amended. (Ord. No. 181, § 5, 10-28-74)
[The nezt page is 739)
688
1
Chapter 13
LICENSES*
Art. I. In General, 13-1-13•23
Art. II. Fees, 13-24-13-82
Art. III. Limited, Temporary Permits, 13-83-13-100
ARTICLE I. IN GENERAL
Sec. 13-1. Purpose.
It is the intention of the council to regulate and license
herein certain typea of businesses not otherwise regulated or
licensed in the city, ta the end that the public welfare shall
thereby be protected and promoted. Differentiation in the
licensees charged herein is based upon the judgment of the
council as to the probable expenae involved in policing and
inspecting various businesses. In some casea insurance
coverage is required, where in the opinion of the council a
busineas offers an unusual opportunity for loas or damage.
No business activity licensed under other ordinances of this
city shall be required to obtain licensea hereunder. (Ord. No.
162, § 1, 11-13-72)
Sec. 13-2. Required.
It shall be unlawful for any person to engage in any
business, occupation or activity for which a licenae fee is
imposed by the provisions of this chapter without first
obtaining a licenae so to do. (Ord. No. 162, § 2, 11-13-72)
Sec. 13-3. Persons subject to chapter.
Whenever a license is required by this Code for the
maintenance, operation or conduct of any business or
establishment, or for doing business or engaging in any
*Cross references-Alcoholic beverages, Ch. 3; amusements, Ch. 4; building
permits, § 6-60 et seq.; food and food handlers, Ch. 10; peddlers, Ch. 18; taxation,
Ch. 24.
Supp. No. 21 739
§ 13-3 ARDEN HILLS CODE
activity or occupation, any person shall be subject to the
requirements of this chapter if by himself or through an
agent, employee or partner, he holds himself forth as being
engaged in the business or occupation, or solicits patronage
therefor, actively or passively, or performs or attempts to
perform any part of such business or occupation in the city.
Sec. 13-4. Applications generally.
Applications for all licenses required by this Code shall be
made in writing to the clerk-administrator in the absence of
any specific provision to the contrary. Each application
shall state the name of the applicant; the license desired; the
location to be used, if any; the time covered; and the fee to
be paid; and each application shall contain such additional
information as may be needed for the proper guidance of the
city officials in the issuing of the license applied for. (Ord.
No. 162, § 3, 11-13-72)
Sec. 13-5. Forms.
Forms for all licenses, and applications therefor, shall be
prepared and kept on file by the clerk-administrator.
Sec. 13-6. Liability insurance.
(a) Where required by any other provision of this Code, no
license shall be issued under the provisions of this chapter
unless the applicant shall furniah proof of liability
insurance.
(b) In each case the liability insurance policy or a
certificate thereof shall be filed with the clerk-administrator
and shall be kept in full force and effect during the terms of
any subject license. Such policy shall be with an inaurance
company authorized to do businesa in this state; shall show
at least the limits required bY the aPProPriate Provision of
this Code; and shall also contain a provision that the policy ,
shall not be cancelled until after thirty (30) days' written
' notice to the city of such intended cancellation, and within
such time the licensee must obtain and file proof of new or i
Supp. No. 21 740
i
LICENSES § 13-9
subatituted coverage as required hereunder, or the license
shall be subject to immediate cancellation. (Ord. No. 162, §
5, 11-13-72)
Sec. 13-7. Compliance with law.
In addition to the provisions of this chapter, all licenseea
hereunder shall conform to and comply with all applicable
federal and state laws, rules and regulations and applicable
provisions of this Code. (Ord. No. 162, § 6, 11-13-72)
Sec. 13-8.Inspectiona and investigations-Duty of
city officers.
Upon the receipt of an application for a license, where
provisions of this Code necessitate an inspection or
investigation before the issuance of such licenae, the
clerk-administrator shall refer such application to the
proper officer for making such investigation within forty-
eight (48) hours of the time of such receipt. The officer
charged with the duty of making the investigation or
inspection shall make a report thereon, favorable or
otherwise, within ten (10) days after receiving the applica-
tion or a copy thereof. The health officer shall make or
cause to be made all inapections in connection with such
licenses for the protection of health, the care and handling
of food, the prevention of nuisancea and of the apread of
disease. The building inapector shall make or cause to be
made any such inspections relative to the construction of
buildings or other structures. All other investigationa,
except where otherwise provided, shall be made by the chief
of police or by some other officer designated by the mayor.
(Ord. No. 162, § 6, 11-13-72)
Sec. 13-8. 3ame-Duty of licensees.
Whenever inspections of the premises used for or in
connection with the operation of a licensed business or
occupation are provided for or required by provisiona of this
division, article or chapter or are reasonably necessary to
secure compliance with any such provision or to detect
3upp. No. 6
741
§ 13-9 ARDEN HILLS CODE
violations thereof, it shall be the duty of the licensee, or the
person in charge of the premises to be inspected, to admit
thereto for the purpose of making such inspection any
officer or employee of the city who is authorized or directed
to make such inspection at any reasonable time that
admission ia requested. Whenever an analysis of any
commodity or material is reasonably necessary to secure
conformance with any such provision of this Code or to
detect violations thereof, it shall be the duty of any licenaee
whose business is governed by such provision to give to any
authorized officer or employee of the municipality requesting
the same sufficient samples of such material or commodity
for such analysis upon request.
Sec. 13-10. Eapiration.
Unleas otherwise provided by this Code, all annual
licenses or annual permit fees ahall expire on the thirty-firat
day of December of each year.
Sec. 13-11. Change of locations of premises.
Except as otherwise apecifically provided in this Code, the
location of any licensed business or occupation may be
changed, provided ten (10) days' notice thereof is given to
the clerk-administrator in the absence of any provision to
the contrary; provided, that the building, zoning and
' frontage consent requirements of this Code are complied
I with.
~
' Sec. 13-12. Posting of licenses.
It shall be the duty of every person conducting a licensed
business in the city to keep his license posted in a
, prominent place on the premises used for such business at
i all times. (Ord. No. 92, §$(2), 11-15-65)
Sec. 13-13. Suspension, revocation-Authorized.
The city council may suspend for a period not exceeding sixty
, (60) days, or revoke any license issued under this Code whenever
the licensee, its owner, manager or employees or agents of the
licensee have engaged in any of the following conduct:
Supp. No. 6 742 ~
- ~
~ _
r
1
LICENSES § 13-24
(a) Fraud, deception or misrepresentation in connection with
the securing of the license;
(b) Conduct inimical to the interests of public health, safety,
welfare or morals;
(c) Conduct involving moral turpitude; _
(d) Conviction of an offense involving moral turpitude by any
court of competent jurisdiction;
(e) Conviction of an offense which relates to the conduct of the
licensed business;
(f) Violation of any provision of this Code or any other feder-
al, state or local law, rule or regulation; or
(g) Failure to comply with any of the provisions or conditions
of the license, or the conditions of licensure, or engaging in
conduct which would be grounds for denial of an initial
application for licensure. (Ord. No. 162, § 6, 11-13-72; Ord.
No. 224, § 6, 5-10-82) .
Sec. 13-14. Same-Hearing.
A licensee or permittee shall be granted a hearing upon at
least ten (10) days' prior written notice before revocation or sus-
pension is ordered. The notice shall state the time, date and place
of the hearing and the nature of the charges against the licensee.
(Ord. No. 162, § 6, 11-13-72; Ord. No. 224, § 7, 5-10-82)
I
Secs. 13-15-13-23. Iteserved.
ARTICLE II. FEES
Sec. 13-24. Establishment of fees by reaolution.
License fees for all licenses required by the city pursuant
to the provisions of this Code and for the following types of
licenses shall be as from time to time established in a
resolution adopted by the council:
~XrAlcoholic beverage (intoxicating liquor) licenses;
(b~- On-sale wine licenses;
3~ No.6 743
1
§ 13-24 ARDEN HILLS CODE
(WMalt beverage licenses;
i
(d Bingo operator licenses;
Bowling alley licenses;
Coin-operated amusement device licenses;
Dance hall licenses;
~ Driving range licenses;
f~ Movie theater licenses;
~ Pool or billiard table licenses;
~ Shooting gallery licenses;
~ Skating rink licenses;
Sd) Tennis, curling, squash, handball and similar activity
licenses;
Antique shop licenses;
(o) Beauty shop licenses;
01"Boat sale and rental licenses;
~QyBulk fuel storage plant or dealership licenses;
0 Retail cigarette/cigarette wrapper licenses;
~ Garbage/refuse collector licenses;
Heating and gas installer licenses;
~ Dog kennel operator licenses;
SWDry cleaning/laundry licenses;
(yr) Equipment rental licenses;
(x) Bakery licenses;
SWRetail candy sale licenses;
14 Catering service licensea;
(pa) Retail grocery store licenses;
(bb) Itinerant food vending licenses;
&upp. No. 6
?44
1
i
LICENSES § 13-26
(peY Retail meat sale/meat locker plant licenses;
()Restaurant/cafe/public dining room or eating house
licenses;
(ee) Soft drink licenses;
r
(ff) Wholesale food sale licenses; (gg) Miscellaneous sales or renting licenses;
„
Mortuary licenses;
Motor vehicle sales/rental licenses;
(jj) Car wash licenses;
k1ckjService station licenses;
(11) Photographic studio/commercial photographer licen-
ses;
Signs/billboards licenses;
sp,rr)"'raxicab licenses;
~qe Vending machine licenses;
(pp) Veterinary clinic licenses;
~ Hotel and motel licenses;
371"'Amusement arcade licenses; and
I K Gambling device licenses.
(Ord. No. 217, § 9, 12-29-80; Ord. No. 221, 1-3, 8-31-81; Ord.
No. 224, § 8, 5-10-82; Ord. No. 225, § 2, 7-26-82)
Sec. 13-25. Payment required.
The license fees established in Lhe resolution adopted by
the council,,as provided in section 13-24 hereof, shall be
charged and collected annually, unless another or different
term is stated in said resolution, before any license shall be
issued under the provisions of this chapter or any other
provision of this Code. (Ord. No. 217, § 10, 12-29-80)
Sec. 13-26. Prorating fees.
Subject to the minimum fees established herein, all fees shall
be issued on a calendar year basis and shall be prorated on the
3upp. No. 6 745
~
§ 13-26 AR.DEN HILLS CODE
basis of the portion of the calendar year remaining after the date
of issuance of the license. In cases of a fractional month, sixteen
(16) days or more shall be considered to be a month hereunder.
Upon the expiration of existing licenses granted on other than a
calendar year basis, the license shall be renewed for the balance
of the calendar year only, but in such cases the minimum fees
established hereunder shall not apply. (Ord. No. 151, § 2, 12-27-71)
Sec. 18-27. Minimum fees.
Subject to the individual fees established in the resolution
from time to time adopted by the council, as provided in
section 13-24 above, and subject to the exception for existing
licenses in section 13-26 hereof, any licenses hereafter
granted shall be based upon the following minimum fees
with the "annual basic fee" being the license fee imposed in
said resolution:
' Annual Basic Fee Minimum Fee
Under $9.99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.00 .
$10.00-$19. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
$20.00-$39.99 . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00 _
Over $40.00 6.00
(Ord. No. 151, § 3, 12-27-71; Ord. No. 217, § 11, 12-29-80)
Sec. 13-28. Penalties for late payment.
' In the event of late payment of license fees established in
a resolution from time to time adopted by the council, as
provided in section 13-24 hereof, a penalty shall be imposed
on the basis of the following schedule, with the "annual
, basic fee" being the license fee established in said
resolution:
Anrcual Basic Fee Penalty
i Up to $10.00 .....................$2.00
$10.00-$50.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00
Over $50.00 . . . . . . . . . . . . . . . . . . . . . . . . . 10 per cent of fee
(Ord. No. 151, 12-27-71; Ord. No. 217, § 12, 12-29-80)
3upp. No. 6
746
~
_
]
LICENSES § 13-70
Secs. 13-29-13-70. fteserved.
Editor's note-Section 13 of Ord. No. 217, enacted Dec. 29, 1980,
repealed former 13-29-13-70, which set forth licenae fees for the subjects
listed in § 13-24(a)-(pp). The repealed provisions derived from the
following ordinances:
Ord. Ord.
No. Date 3ection No. Date Section
12 9-26-55 1 112 12-30-68 2
13 9-26-55 1 132 5-11-70 5
14 9-26-55 4 160 11-13-72 3, 4
15 9-26-55 2 161 11-13-72 4, 5
30 12- 9-57 4 162 11-13-72 4, 5
43 7-29-59 5 163 11-13-72 5
71 3-25-63 4 164 11-13-72 1
76 1-13-64 7 198 6-27-77 16
92 11-15-65 4 200 2-13-78 5
94 6-27-66 4 204 9-11-78 2
101 7-31-67 1
3upp. No. 6
- 746.1
~
LICENSES § 13-87
10 Secs. 13-71-13-82. Reserved.
ARTICLE III. LIMITED, TEMPOBAItY PERMITS•
Sec. 13-83. R,equired.
Before any person shall engage in or operate any activity
within the city which shall be for a limited time period or of
a temporary nature as mentioned and provided for in this
article, he shall first obtain a permit therefor. (Res. No.
76-7, 1-26-76)
Sec. 13-84. Application.
Any person desiring a permit required by the provisions
of this article shall make application therefor to the
clerk-administrator. (Res. No. 76-7, 1-26-76)
Sec. 13-85. Waiver of fees.
Fees required for permits under the provisions of thia
article may be waived by the council for schools, nonprofit
organizations, governmental agencies, and similar institu-
tions or organizations, provided it first adopts a resolution
setting forth the reasons for such waiver. (Res. No. 76-7,
1-26-76)
Sec. 13-86. Issuance.
Permits required by the provisions of this article shall be
issued upon payment of such fee as is required for the
particular activity in a resolution from time to time adopted
by the council, and approval as provided herein. (Res. No.
76-7, 1-26-76; Ord. No. 217, § 14, 12-29-80)
Sec. 13-$7. Duration.
Permits issued under the provisions of this article shall be
valid for the period of time stated therein. (Res. No. 76-7,
1-26-76)
'Cross referencee-Dumping permit, § 11-41 et aeq.; mobile home
permit, § 14-41 et seq.; peddlere, § 18-18 et seq.
Supp. No. 3 747
~
§ 13-88 AftDEN HILLS CODE
Sec. 13-88. Additional regulations.
The city council may impose additional regulationa
governing any permit required by the provisions of this
article as it may determine to be in the public interest. (Rea.
No. 76-7, 1-26-76)
Sec. 13-89. Cancellation.
Any permit issued under the provisions of this artiCle may
be cancelled by the city council if such cancellation ia
determined to be in the public interest. (Rea. No. 76-7,
1-26-76)
Sec. 13-90. Permit fees established by resolution.
The permit fees for a permit to engage in the following
types of activities shall be as established from time to time
in a resolution adopted by the council:
(a) Christmas tree sales;
(b) Circuses and carnivals; /
(c) Commercial advertising distribution;
(d) Flea markets and commercial sidewalk sales;
i~
(e) Group picnics and camping; and
~ (f) Itinerant vendors. (Ord. No. 217, § 15, 12-29-80)
Editor's note-Sections 15-19 of Ord. No. 217, enacted Dec. 29, 1980,
amended 13-90 and 13-92-13-95 to read as herein set forth. Formerly
said sections set forth permit fees and application approval requirements
for Christmas tree salea, commercial advertising distribution, courtesy
benches and ahelters, fireworka display and purchase, and flea marketa and
commercial sidewalk sales. Said provisiona derived from Res. No. 76-7,
4, 5, 6, 7 and 11, enacted Jan. 26, 1976.
, Sec. 13-91. fteserved.
i Editor's note-Former § 13-91, which pertained to permit fees and
applicationa for circuses and carnivals, has been deleted by the editor as
being superaeded by the provisiona of 13-90 and 13-93, as amended by ~
Ord. No. 217, 15 and 17, enacted Dec. 29, 1980. The deleted provisions
derived from Res. No. 76-7, § 1, enacted Jan. 26, 1976.
Supp. No. 3
748
LICENSES § 13-93
' Sec. 13-92. Activities for which permit fee not re-
quired.
The activities for which permit fees shall not be required,
but nevertheless a permit shall be required, are as follows:
(a) Installation or construction of courtesy benches and
shelters;
(b) Purchase of fireworks and operation of fireworks
display or program;
(c) Boutique or garage sale;
(d) Newspaper distribution locations; and,
(e) Casual roadside stand on owner's property. (Ord. No.
217, § 16, 12-29-80)
Note-See the editor's note following § 13-90.
Sec. 13-93. By whom approvals are required.
Approval of an application for a permit to engage in the
following type of activity shall be granted by the body,
department or officer of the city indicated across therefrom
in the following schedule:
Approuing Body, ~
Department
, Activity or Officer
Circuses and carnivals City council
Commercial advertising dis- Police department and clerk-
tribution administrator
Installation or construc- Police department and clerk-
tion of courtesy benches administrator
or shelters
Fireworks purchase/dis- City council
play
Flea markets/commercial City council
sidewalk sales `
Boutique/garage sale at Police department and clerk-
private home administrator
3upp. No. 3
749
i
~ - _
§ 13-93 ARDEN HILLS CODE
Approuing Body, '
Department
Actiuity or Officer ,
Group picnics/camping Park director and clerk-
administrator
Itinerant vendors City council
Newspaper distribution lo- Police department and clerk-
cations administrator
Roadside stands Clerk-administrator
(Ord. No. 217, § 17, 12-29-80)
Note-See the editor's note following § 13-90.
Sec. 13-94. Limit on duration and occasion of garage
sales.
Each boutique or garage sale at a private home shall be
limited to three (3) days or less in duration, and no more
than two (2) such sales shall be permitted to any one
~ homeowner per year. (Ord. No. 217, § 18, 12-29-80)
Note-See the editor's note following § 13-90.
Sec. 13-95. Itinerant vendors subject to Chapter 18.
All itinerant vendor permittees shall be subject to the
provisions of Chapter 18 of this Code. (Ord. No. 217, § 19,
12-29-80)
Note-See the editor's note following § 13-90.
Secs. 13-96-13-100. fteserved.
Editori°s note-Section 20 of Ord. No. 217, enacted Dec. 29, 1980,
repealed former 13-96-13-100, which pertained to permit fees for garage
sales, group picnics and camping, itinerant vendors, newapaper distribution
locations and roadside standa, and derived from Res. No. 76-7, 2, 3, 8, 9
and 10, enacted Jan. 26, 1976.
~ [The next page is 7711
Supp. No. 3
750
_ _
~ .
Chapter 13.5 iVIASSAGE,1tAP AND SAUNA PAItLORS*
Sec. 13.5-1. Statement of policy; limitation on num-
ber of licenses.
(a) The city council finds that sauna, rap and massage
parlor enterprises are susceptible of operation in a manner
which contravenes, subverts or endangers the morals of the
community and thus require close inspection, regulation and
licensing by the city. Such enterprises also have the
potential of being places where disease may be transmitted.
Accordingly, the city council deema it necessary to provide
for the special regulation of such enterprises in order to
protect the public health, safety and welfare and to guard
against the inception and transmission of disease.
(b) Because regulation of such enterprises will require
intensive efforts by the police department and other
departments of the city and, as a conaequence, the
concentrated use of city servicea will detract from and
reduce the Tevel of service available to the rest of the
community, thereby diminishing the ability of the city to
promote the general health, safety and welfare of the -
community as a whole, the city council hereby determines
that only two (2) licenses for the operation of a sauna, rap or ~
massage parlor, or any combination thereof, shall be in '
force at any one time. (Ord. No. 210, § 1, 10-29-79) ~
Sec. 13.5-2. Definitions.
i
As used in this chapter, the terms defined in this section
shall have the meaninga ascribed to them unless the contegt
requires a different meaning. ,
~
•Editor's note-Section 14 of Ord. No. 210, adopted Oct. 29, 1979,
provided for the codification of the subatantive proviaiona Lhereof, but did ~
not apecify the manner; hence, inclusion of 1-11 of said ordinence as '
Ch. 13.5, 13.5-1-13.5-11 ie at the diacretion of the editor.
Cross reference-Buildinga, Ch. 6; licenaes, Ch. 13.
Supp. No. 2 771
~
~
.
„
-
§ 13.5-2 AR.DEN HII.L3 CODE
(a) Massage. Massage means the rubbing, stroking,
kneading, tapping or rolling of the body with the hands. or
other devices or implements, for the esclusive purpose of
relagation, physical fitness or beautification, and for no
other purposes.
(b) Massage parlor. Massage parlor shall mean any room
or rooms where any person for a fee may receive from another person a massage, or any room or rooms from
which a masseur or masseuse is dispatched by telephone or
otherwise, for the purpose of giving a massage.
(c) Masseur. Masaeur means a male person who practices
massage.
(d) Masseuse. Masaeuse means a female person who
practices massage.
(e) Operate. Operate means to own, manage, administer or
conduct.
(f) Person. Person shall mean any individual, corporation,
partnership, association, organization, proprietorship, firm
or association.
(g) Rap. Rap means the service of engaging in or listening
_ to conversation, talk or discussion between an employee of
f the establishment offering such services and a customer
f thereof, for a fee.
(h) Rap parlor. R,ap parlor means an establishment
advertising, offering, selling or performing rap to or for
members of the public or a private club, regardless of
whether other goods or services are also simultaneously
advertised, offered, sold or performed, and regardless of
whether those other goods or services are also required to be
licensed. (i) Sanitary. Sanitary means free from the vegetative cells
of pathogenic microorganisms.
(j) Sauna. Sauna means and includes a steam bath or
heat bathing room used for the purpose of bathing,
relagation or reducing, utilizing steam or hot sir as a
3npp. No. 2 772
i
MAS3AGE. RAP AND 3AUNA PARLOR3 $ 18.b-3
cleaning, relaaing or reducing agent, and for which a fee is
charged.
(k) Sauna parlor. Sauna parlor means an establishment
advertising, offering, or selling sauna to or for members of
the public or a private club, regardless of whether other
goods or services are also simultaneously advertised, offered
or sold, and regardless of whether those other goods or
services are also required to be licensed. (Ord. No. 210, § 2,
10-29-79)
Sec. 13.5-3. Licenses required. (a) Business Licenae. No person shall operate, directly or
indirectly, upon any pretenae or by any device within the
city any sauna, rap or massage parlor, for which any charge
or fee is made or any money or thing of value is solicited or
received, without being licensed therefor by the city
pursuant to the provisions of this chapter. A licenae must be
obtained for the place of business at which the sauna, rap or
massage parlor business is to be operated. A licenae is not
transferable to any other person or premisea. No more than
two (2) business licenses iasued hereunder may be in force at
any one time.
(b) Personal Service License; Masseurs and Masseuses. No
masseur nor masseuse ahall perform or administer maa-
sages unless he or she has a valid permit issued pursuant to
the provisions of this chapter. Personal service licensea
issued to masseurs or masaeuses hereunder are not
transferable.
(c) Egceptions.
(1) Massage distinquished; incidental massage. The
practice of massage ia hereby declared to be distinct
from the practice of inedicine, surgery, osteopathic,
chiropractic, physical therapy or podiatry and persons
duly licenaed in this atate to practice such disciplines,
nurses who work solely under the direction of any
such persons, and establiahments at which such
disciplines are practiced are hereby espresaly eacluded
from the provisions of this chapter. Massages
3npF. No. 2 773
§ 13.5-3 ARDEN HILIS GODE
performed incidental to athletic or physical training
programs operated by athletic clubs, sports and health
clubs, public or private educational institutions, or
athletic teams, or given by manicurists, beauty
culturists, hairdresaers or barbera incidental to the
beautification services cuatomarily and primarily
provided by them, and the shops, places, establish-
ments or locations at which such incidental massages
are provided, shall likewise be egempt from the
provisions of this chaptet.
(2) Incidental saunas. A licenae ahall ncst be required
under the provisions of this chapter for premises on
which saunas, but not massages, are provided
incidental to the use of egercise and recreational
equipment and facilities situated on the same
premises provided that the sauna facilities occupy a
floor area equivalent to not more than ten (10) per
cent of the floor area used for the egercise and
recreational equipment and facilities. Likewise, no
license is required hereunder for hotels, motels,
rooming houses, apartment buildings, office buildings,
and condominiuma in which saunas, but not mas-
sages, are provided incidental to the rental of rooma or
apartments or the ownership thereof and the use of
the sauna facilities is limited to tenants or the owners
of the building or structure within which the sauna
facilities are located.
(3) Massage or sauna parlors operated by certain
non-profit corporations or associations. Any massage
or sauna parlor operated by a non-profit corporation
or association ahall be egempt from the provisions of
this chapter; provided, however, that such corporation
or asaociation is duly organized under the laws of the
State of Minnesota for civic, fraternal, charitable,
social or business purposea; has more than fifty (50)
members; has for more than two (2) years prior to
application owned, hired or leased a building or space
in a building of such egtent and character as may be
suitable and adequate for the reasonable and comfort-
Supp. No. 2 774
i
MASSAGE, RAP AND 3AUNA PAR,LORS § 13.54
able accommodation of its membera; has a board of
directors, egecutive committee or other similar body
chosen by ita members at a meeting held for that
purpose which establishes its policy and manages and
conducta its affairs; and prohibits its members,
officers, agents or employees from being directly or
indirectly compensated by way of profit for the
services offered by the corporation or association to
the members or their guests beyond the amount of
such reasonable salary or wagea as may be figed and
voted each year by the directors or other governing
body. (Ord. No. 210, § 3, 10-29-79)
Sec. 13.5-4. Application; contents thereof.
An application for a license required hereunder shall be
made to the clerk-administrator, or to a person designated
by the clerk-administrator, on such forms as the clerk-ad-
ministrator may from time to time provide. At a minimum,
the form shall contain the information required in the
following subsections of this section. Any falsification of
information on an application shall be cause for denial,
suspension or revocation of a license issued or to be issued
hereunder.
(a) Business license. Every application for a business
license required under this chapter shall be made to
the city clerk-administrator on such forms as he may
from time to time require. In addition to such
information as the clerk-administrator may require in
such application form, it ahall also include at a
minimum the following items of information or
documentation:
(1) Whether the applicant is a natural person, a
corporation, a partnership or other form of
organization.
(2) If the applicant is a natural person:
a. The true name, place and date of birth, street
address and phone number of the applicant;
3upp. No. 2 775
§ 13.5-4 AR,DEN HILL3 CODE
b. Whether the applicant is a citizen of the United
Statea;
c. Whether the applicant has ever used or has
been known by a name other than its true
name, and if so, what was such name(s) and
information concerning dates and places
where used;
d. The name of the business if it is to be
conducted under a name or style other than
the full individual name of the applicant in
which case a certified copy of the certification
required by M.S.A. Chapter 333 shall be
attached to the application;
e. The street addresaea at which applicant has
lived during the preceding five (5) years;
f. The kind, name and location of every business
and occupation the applicant has been en-
gaged in during the preceding five (5) years;
g. The applicant's occupation for five (5) years
preceding the date of his or her application;
h. Whether the applicant has ever been convicted
of any crime and if so, the nature of such
crime, the time and place at which it occurred,
the date of conviction, the place and length of
, incarceration, and such other information as
the clerk-administrator may request from the
applicant;
i. Three (3) photographs of the applicant,
showing the front of his or her face and each
side of his or her head, not less than thirty
(30) days old and at least two (2) inches by
two (2) inches in size;
j. A physical description of the applicant;
k. If applicant is applying for a busineas license
to operate a massage parlor, whether the
applicant has had any training or experience
Supp. No. 2 776 ~
_ I
MASSAGE, R.AP AND SAUNA PARLORS § 13.5-4
in performing massage services, and if so, the
nature and egtent of such experience and
education and including any diploma or
certificate of graduation which the applicant
has received from an educational institution;
1. If the applicant is applying for a business
license to operate a sauna or massage parlor,
or both, then a certificate from a licensed
Minnesota physician indicating that the
applicant has been examined less than thirty
(30) days prior to the application and has been
found free of communicable diseases.
(3) If the applicant is a partnership:
a. The names and addressea of all partners and
all information concerning each partner as is
required of an individual applicant in subsec-
tion (2) hereinabove;
b. The name and address of the managing
partner(s) and the interest of each partner in
the business;
c. A true copy of the partnership agreement,
attached to the application, as well as a
certified copy of the certification as to trade
name required by M.S.A. Chapter 333.
(4) If the applicant is a corporation or other
organization:
a. The name and, if incorporated, the jurisdiction
and date of incorporation;
b. A true copy of the certificate or articles of
incorporation, or associai,. a agreement, and
the bylaws or constitution thereof attached to
the application, and, if a foreign corporation,
a certificate of authority as deseribed in
M.S.A. Chapter 303 likewise attached;
c. The namea and addresses of all stockholders,
directors, officers, associates, managers, and
3upp. No. 2 777
I '
§ 13.5-4 AR,DEN HILLS CODE
agents of the corporation and all information
concerning them as is required in subsection
(2) hereinabove;
d. A list of all persons who control or own an
interest in egcess of five (5) per cent in such
corporation or association;
e. If the applicant is a nonprofit corporation, a
list of all members thereof, whether the
applieant has, for more than two (2) years
prior to application, owned or leased a
building or space in a building suitable and
adequate for the accommodation of its mem-
bers, and a statement of the purposes for
which the corporation was incorporated.
(5) Whether the applicant has ever operated a sauna,
rap or massage parlor within the preceding five
(5) years, and if so, whether a license therefor was
ever denied, revoked or suspended, explaining the
reasons for such denial, revocation or suspension.
, (6) Whether the applicant is licensed in other
communities to operate similar businesses, and if
so, where.
(7) The names and addresses of all agents or
employees of applicant who will perform services
~ therefor in the city, and the nature of services to
be rformed b e h m loyee, • th
pe y ac e p e names,
residence and business addresses of five (5)
residents of the metropolitan area of the State of
Minnesota, of good moral character, not related to
the applicant or fmancially interested in the
premises or business, who may be contacted
regarding the applicant's or manager's character.
(8) A specific description of all services to be provided
on the premises to be licensed; a detailed
description of all equipment and furniture to be
used in the operation of the business; a legal and
street address description of the premises proposed
to be licensed.
Snpp. No. 2 778
~
MASSAGE, RAP AND SAUNA PAR.LOR3 § 13.5-4
(9) Names and addresaea of all creditors furnishing
credit for the establishment, acquisition, mainte-
nance and furnishing of the proposed business.
(10) Establishment of applicant's interest in premises
by furnishing true copies of lease, deed, contract
for deed, mortgage deed, mortgage, credit arrange-
ment, loan agreements, security agreements and
any other documents.
(11) Blueprints, diagrams, plans, layouts and the like
showing the construction, revision, remodeling,
alteration or additiona of or to the premises and
specifically showing the layout, design and
arrangement of all of the rooms, halls and
facilities.
(12) An ownership report, prepared by a licensed
abstractor, indicating the ownership of all parcels
within five hundred (500) feet of the premises
sought to be licensed, accompanying the applica-
tion.
(13) Such other information as the clerk-administrator
or the council may require from time to time.
(b) Personal seruice licenses; masseurs and masseuses.
Applications for masaeur or masseuse licenses provid-
ed for in this chapter shall be made to the city
clerk-administrator on such forms as he may from
time to time provide. In addition to such information
as the clerk may require, the application ahall inchide
or be accompanied by: `
(1) All of the information required under subsection
(a)(2)•
(2) Whether the applicant has ever had a similar
license denied, revoked or suapended, egplaining
the reasona for such denial, revocation or suspen-
sion.
(3) What other communities the applicant has been
licensed by during the preceding five (5) years.
Supp. No. 2 779
~
~
; 13.54 ARDEN HILLS CODE
(4) Written proof of age in eacess of eighteen (18)
years.
(5) A diploma or a certificate of graduation from the
educational institution at which the applicant
received inatruction on the theory, method, or work
of massage, if applicant has received one.
(6) A certificate from a licensed physician that the
applicant has been esamined lesa than thirty (30)
days prior to the application and has been found
free of communicable diseases.
(7) Name and address of the licensed massage
establishment by which the applicant egpects to
be employed.
(c) Verifications. All applicationa for licenses, whether
businesa or personal service, shall be verified as to all
information contained therein being taue and conect.
If the application is made by a natural person, it shall
be signed and the verification sworn to by such
person; if by a corporation, by an officer thereof; if by
a partnership, by one of the partnera thereof; and if by
an unincorporated association, by the manager or
managing officer thereof.
(d) Changes in application information. It ahall be the
continuing duty of each licensee promptly to notify the
city clerk-administrator of any change in the informa-
tion or facts originally furniahed or required to be
furnished in or along with the application for the li-
cense. This duty ahall continue throughout the period
of such license, and failure to comply with this sub-
paragraph shall constitute cause for revocation, sus-
pension or nonrenewal of such license. (Ord. No. 210,
§ 4, 10-29-79)
Sec. 13.6-5. Investigation; investigation and license
fees; license application year.
(a) Investigation; Types of Licenses.
(1) Business Zicense. All applications for a business
license, and all information or dceumentation accom-
3npp. Na 2 780
I
~
~
MA38AGE, RAP AND 3AUNA PARLOR3 $ 13.b-b
panying the same, shall be referred by the clerk-ad-
ministrator to the police department, fire department,
building inspector, planning commission, health
officer and such other committees, commissiona,
departments or officers, conaultants and employeea of
the city and any other local, state or federal
governmental agencies as the clerk-administrator
shall deem necessary for verification and investiga-
tion of the facts as set forth in the application. Each
of the departments, officers, commisaions, committees,
consultanta, employees or agencies to whom the
application and accompanying materiala have been
referred shall make a written recommendation to the
city council as to whether the license sought should be
issued or denied within forty-five (45) days of the date
of the application.
(2) Personal seruice licenses; masseurs and masseuses.
All applications for personal service licenaea hereun-
der, including information or documentation accompa-
nying the same, shall be reviewed by the clerk-admin-
istrator and referred to and reviewed by the police
department and such other departments, commis-
sions, committeea, officers, conaultants, and employees
of the city and such other governmental agencies as
the clerk-administrator shall deem necesaary for the
verification and investigation of the facta set forth in
the application. Each of the departments, officers,
commissions, committeea, consultants, employees or
agencies to whom the application and aecompanying
materials have been referred shall make a written
recommendation to the city council as to whether the
license sought should be isaued or denied within thirty
(30) days of the date of the application.
(b) Investigation Fees.
(1) Business license. At the time of the filing of the
original application for a business license hereunder,
the applicant shall pay such investigation fee as has
been established in a resolution adopted by the
council.
Supp. No. 3
781
~
; 13.6-b AR,DEN HILL3 CODE
(2) Personal service licenses. At the time of the filing of
the original application for a personal service license,
the applicant shall pay such investigation fee as has
been established in a resolution adopted by the
council.
(3) Nonrefundable. No investigation fee ahall be refunded
to the applicant.
(c) Licenae Feea. At the time of filing the application for a
license hereunder, the following license fee, or a prorated
portion thereof, ahall be paid by the applicant:
(1) Business license. The annual fee for a business license
shall be such fee as is established from time to time in
a resolution adopted by the council.
(2) Personal seruice license. The annual fee for a masseur
or masseuse license shall be such fee as is established
from time to time in a resolution adopted by the
couneil.
(3) Refundable. Upon denial of an application for a
license, the city shall promptly refund to the applicant
the amount paid. No other refunds shall be made.
(d) License Year. Any licenae issued hereunder shall be
effective for the calendar year and shall thua eapire on
, December 31 of each year unleas previously revoked. (Ord.
No. 210, § 5, 10-29-79; Ord. No. 217, 21, 22, 12-29-80)
3ea 15.8-6. License renewals.
(a) Necessity for application. The licenses required here-
under are valid for the calnedar year only. Accordingly,
application muat be made each year for a new license for the
enauing calendar year.
(b) Manner and type of application. A licenaee seeking to
renew a business or peraonal service license isaued
hereunder ahall make application in the manner and with
the type of application specified in section 13.6-4 relating to
original applications.
Supp. No. 3
782
~
MASSAGE, RAP AND SAUNA PARLOR.S § 13.5-6
(c) Time of renewal application. Applicationa for a license
renewal muat be submitted to the clerk-administrator at
least sixty (60) days in advance of license expiration. (Ord.
No. 210, § 6, 10-29-79)
Supp. No. 3
782.1
II
_ .J
MAS$AGE, RAP AND SAUNA PARLOI2S § 13.5-7
Sec. 13.5-7. Licensing prohibited.
(a) Businesa Licenae. No business license for the operation
of a sauna, rap or massage parlor shall be iasued to an
applicant where any [one] of the following circumstances,
which are readily ascertainable by the clerk-administrator,
egists:
(1) 2oning district. The premisea at or on which the
sauna, rap or massage parlor is to be operated is
located in a zoning district within the city other than
R-B or G-B.
(2) ISistance from other similar establishments. The prem-
ises at or on which the sauna, rap or massage parlor
is to be operated are located within five hundred (500)
feet of another sauna, rap or massage parlor.
(3) Distance from residential zoning district, etc. The
premises at or on which the sauna, rap or massage
parlor ia to be operated are located within five
hundred (500) feet of any residential zoning district, a
church, a nursery, an elementary school, a junior high
school, a high school, or any establishment frequented
by juveniles.
(4) Denial or revocation of similar license. Within five (5)
yeara prior to the date of application, the applicant
has had a similar license denied or revoked.
(b) Personal Service Licenses. No personal service licenae
shall be issued to a masaeuse or masseur in the event ahe or
he is under the age of eighteen (18) years or is an alien.
(c) Clerk-Administrator's Denial of Application. In the
event the clerk-administrator has determined that the
applicant is not entitled to a license by virtue of the
foregoing subsectiona of this section, then he ahall promptly
after making such determination notify the applicant in
writing that the application has been denied, specifying the
reasons for the denial.
3upp. No. 2 783
§ 13.5-7 AR,DEN HILIS CODE
(d) Appeal by Aggrieved Applicant. In the event an
applicant has been advised by the clerk-adnninistrator,
pursuant to the previous subsection of this section, that his
application has been denied, he shall have ten (10) days to
appeal the denial to the city council. In the event he does
not timely file his notice of appeal with the clerk-adminis-
trator by the end of said 10-day period, he shall no longer
be entitled to appeal, his appeal right having been waived.
(e) Council Procedure. When a notice of appeal has been
properly and timely filed with the clerk-administrator, the
city council shall conaider the aggrieved applicant's appeal
at a council meeting within the negt thirty (30) days of the
date of the notice's filing. The purpose of the hearing shall
be limited to the question of whether the clerk-administrator
had sufficient grounds to deny the application under
' subsections (a) and (b) of thia section. Based upon the facts
adduced at the hearing, the council ahall either affirm the
decision of the clerk-administrator denying the license
application or remand to the clerk-administrator for further
investigation and report back to the city council within no
more than forty-five (45) days from the date of the council
meeting in the case of an application for a businesa license
and thirty (30) days in the case of an application for a
personal service license. (Ord. No. 210, § 7, 10-29-79)
Sec. 13.5-8. Grant or denial of licenses.
(a) Business License.
(1) Notices of hearing. In the case of an application for a
businesa license, the clerk-administrator shall sched-
ule a public hearing thereon no later than sigty (60)
days after hia receipt of the application and accompa-
nying documentation. The clerk-administrator shall
cause to be published in the official newspaper of the
city at least thirty (30) days but not more than
forty-five (45) days prior to the date of the public
hearing a notice describing the nature of the business
proposing to be licensed and its location and setting
forth the date, time, place and purpose of the hearing.
,
Supp. No. 2 784
1
_ I
MASSAGE, R.AP AND SAUNA PARLORS § 13.5-8
In addition, the clerk-administrator shall mail a
similar notice at least fifteen (15) days prior to the
date of the public hearing to each owner of property
located within five hundred (500) feet of the premises
which are the subject of the application. A copy of the
notice and a list of the names and addresses of the
persons to whom it was sent shall be attached thereto
by the clerk-administrator and shall be made a part
of the records of the proceedings. The failure to give
mail notice to individual property owners ahall not
invalidate the proceeding providing a bona fide
attempt to comply with this subsection has been
made.
(2) Public hearing. The city council shall conduct a public
hearing. The applicant, or his representative, shall be
given the opportunity to appear before the city council
to present reasons why his application should be
granted and to answer questions of the councilmen
and members of the public. All persons in favor of,
opposed to, or interested in the application will be
heard. The city council may adjourn the public
hearing to its next meeting, either regular or special,
and may continue its study and consideration of the
application at meetings subsequent to the meeting at
which the public hearing was initially held.
(3) Considerations. The city council shall consider, in
determining whether to grant, deny, or renew a li-
cense, the effect of the proposed establishment upon
the health, safety, convenience, morals and genzral
welfare of the owners and occupanta of surrounding
properties in particular and the community as a whole
and at a minimum the following factors:
a. The character and suitability of the area and
neighborhood in which the proposed establish-
ment is to be located;
b. Traffic congestion and parking problems; '
Supp. No. 2 785
I
§ 13.5-8 AR,DEN HILIS CODE
c. Reasonably anticipated likelihood of egcesaive
noise, disturbances or fighting by peraons in or
about the proposed establishment;
d. The applicant's background and egperience in the
activity proposed to be licensed, and thus the
applicant's ability or fitne$s to perform the duties
and discharge the responsibilities of the proposed
activity to be licensed;
e. Whether the applicant either directly or indirectly
has had a license for a similar activity revoked or
suspended in another community of political
subdivision in the State of Minnesota;
f. Whether the proposed establishment and the
premises on which it is to be operated meet the
health, safety, sanitary and building requirements
of the city including those requirements set forth
in this chapter.
(4) Denial; grounds for denial. The city council may deny
an application for the issuance or renewal of a
business license on the basis of a determination that
the public health, safety, morals or welfare would be
adversely affected by the proposed establishment
taking into account any one or more of the facts or
circumstances set forth in subsection (a) (3) hereof and
shall deny such application upon finding any one or
more of the following conditions to egist:
a. The applicant or any one of its owners, partners,
directors, stockholders, officers, managers, em-
ployees, agents or interested parties are persons of
' bad repute;
b. The applicant or any one of its owners, partners,
directors, stockholders, officers, managers, em-
ployees, agents or intereated parties have been
convicted for offenaes which involve moral turpi-
tude or which relate directly to such person's
ability, capacity or fitness to perform the duties
and diacharge the reaponsibilities of the licensed
activity; •
Supp. No. 2 786
~
_ ~
MASSAGE, RAP AND SAUNA PAR.LORS § 13.5-8
c. The applicant or any one of, ita owners, partners,,
directors, stockholders, officers, managers, em-
ployees, agents or interested parties has had
within five (5) years of the date of the application
been denied a license for a similar activity to the
one sought to be licensed or had such a licenae
revoked or suapended in or by any community or
political subdivision of the State of Minnesota or
by the State of Minnesota itself;
d. The applicant has not fully and truthfully
answered all of the information required by the
application.
In the event the council denies the application, the
clerk-administrator shall furnish the applicant with a
written document advising him of the denial and
specifying the factual bases and reasoning upon
which the denial was predicated. No application for a
license which has been denied by the council shall be
resubmitted for a period of at least one (1) year from
the date on which the application was denied.
(5) Approval; imposition of conditions. The council may
approve an application for.the issuance or renewal of
a license on the basis of a determination that the
public health, morals, safety or welfare will not be
adversely affected by the proposed establiahment,
taking into account one or more of the factors set forth
in subsection (a)(3) hereinabove, and in granting or
renewing a licenae may impose such reasonable
conditions and restrictiona on the manner and
circumstances under which the licensed activities are
to be operated so as to preserve the public peace and
protect the public health, morals, fety and welfare.
(b) Personal Service Licenaes; Masseurs and Masseusea.
(1) Procedure. The clerk-adminiatrator shall place any
application for a personal service license hereunder on
the agenda of a meeting of the city council no less
than forty-five (45) days after the date of the
application. When the matter comes before the
3upp. No. 2 787
(
J
§ 13.5-8 ARDEN HILIS CODE
council, the applicant, or his representative, shall be
given the opportunity to appear before the council to
answer questions and give explanations regarding the
proposed licensed activity.
(2) Denial; grounds for denial. A license for a masseuse or
masseur may be denied upon any one (1) of the
following grounds:
a. Fraud or deception in the license application;
b. The applicant has a history of violations of laws
and ordinances that apply to health, safety or
moral turpitude;
c. The applicant is of bad repute;
d. The applicant has been convicted of crimes or
offenses involving sexual misconduct;
e. The applicant, within five (5) years prior to the
date of application was denied licensure as a
masseuse or masaeur or had his or her license
revoked or suspended in or by any community or
political subdivision of the State of Minnesota or
by the State of Minnesota;
In the event the city council denies the application,
the clerk-administrator ahall furnish the applicant
with a written document advising him or her of the
denial and specifying the factual bases and reasoning
upon which the denial was predicated. No application
for a license which has been denied by the council
shall be resubmitted for a period of at least one (1)
year from the date on which the application was
denied. (Ord. No. 210, § 8, 10-29-79)
Sec. 13.5-8. Construction, maintenance, operational
and employment requirements.
(a) Construction.
(1) Separate facilities. Each establiahment licensed here-
under shall have a separate rest room for each seg
3upp. No. 2 788
MA33AGE, RAP A1vD SAUNA PARLORS ; 13.6-9
and in the case of a massage or sauna parlor, but
' excluding a rap parlor, the establishment shall have
in addition separate shower, locker room, massage
room, dressing facilitiea, ateam rooms, and sauna
rooms, each clearly marked as such, for each se$.
(2) Size of sauna and massage rooms. Sauna rooms and
massage rooms shall each have at least fifty (50)
aquare feet of clear floor area. Massage rooms shall be
equipped with cabinets for the atorage of soiled linens.
(3) Doors. Doors to all rooms on the premises of a sauna,
rap or massage parlor shall be incapable of being
locked from the egterior or interior with the e$ception
of the front and rear access doors.
(4) Construction materials for sauna rooms, locker rooms,
rest rooms and bathFOOms. All sauna rooms, locker
rooms, rest rooms and bathrooms used on the
premises shall be constructed of materials which are
impervious to moisture, bacteria, mold or fungus and
must be kept in a sanitary condition. The floor-to-
wall and wall-joints ahall be constructed to provide a
sanitary cove with a minimum radius of one inch.
(5) Rest rooms. All rest rooms in a sauna, rap or massage
parlor shall be provided with mechanical ventilation
with two (2) cfm per square foot of floor area, a hand
washing sink equipped with hot and cold running
water under pressure, sanitary towels and a soap
dispenser.
(6) Illumination. All rooms in the licensed premises ahall
be illuminated with not less than thirty (30) footcan-
dles of illumination.
(7) Janitor's closet. Each establishment ahall have a
janitar's closet which shall provide for the storage of
cleaning supplies. Such closet shall have a mechani-
cal ventilation with two (2) cfm per sqaare foot of floor
area. Such closet shall include a mop sink.
(8) Locker facilities in sauna or massage parlors. Sauna
or massage parlora shall be equipped with locker
Supp. No. 2 789
I •
§ 13.5-9 AR.DEN HILL3 CODE
facilities for use by patrona. Sufficient facilities ahall
be furnished so that each patron will have a separate
compartment available for the atorage of clothing and
valuables. Each such locker ahall be capable of being
locked by the patron.
(b) Maintenance and Operation.
(1) Massage tables. All rooms in a massage parlor shall
be equipped witYr massage tables having a hard
surface impervioua to liquida with a width of no more
than three (3) feet and a length of no more than eight
(8) feet. Such tablea may be equipped with either
nondisposable pads or coverings or disposable cover-
ings not more than two and one-half (2 i/z ) inches
thick. Nondisposable pads or coverings shall be
removable, impervious, and cleanable.
(2) Beds prohibited in rap parlors. No beda, sofas, couches
or other furniture upon which one can lie prone shall
be permitted in any rap parlor.
(3) Refuse receptacles. Any eatablishments licensed here-
under shall at all times be equipped with adequate
trash receptaclea which shall be emptied on a regular
and recurring basis.
(4) Display of license to operate. The license to operate
the establishment ahall be prominently in public
display on the premises at all times during the hours
of its operation.
(5) Hours of operation. The licensed premises shall not be
open for business nor shall patrons be permitted on
the premises between the hours of 10:00 p.m. and 8:00
a.m. of the succeeding day.
(6) Occupancy or guest register. The licenaee shall be
responsible for maintaining an occupancy or guest
register by which each patron of the sauna, rap or
massage parlor muat register his or her name, age,
address and phone number, and each licensee, or
person in his employ, ahall require each patron to
furnish identification describing and identifying his
Supp. No. 2 790 .
MASSAGE, RAP AND 3AUNA PARLORS § 13.5-9
correct name, age, address and phone number. Such
occupancy or guest register ahall be available for
inspection at all times by officers, employees or agents
of the city or any other agency or political subdivision
of the State of Minnesota or United States Govern-
ment. Occupancy or guest regiaters must be kept by
the licensee for a period of not less than two (2) yeara
after all of its pages have been filled.
(7) Inspection by city officers and identification of
employees. Licensee shall allow his entire premises to
be inspected by the building inspector, health officer,
any police officer or member of the fire department,
and any other officer, employee or agent of the city or
any other agency of any political subdivision, the
State of Minnesota, or agency of the United States
Government. Upon demand by any police officer, any
person engaged in providing services in any licensed
premises shall identify himself by giving his true
legal name and his correct address.
(8) Designation of manager. If the licensee is a partner-
ship or a corporation, it shall designate a peraon to be
manager of the business. Such peraon ahall remain
responsible for the conduct of the business until
` another single person has been designated in writing
by the licensee. The licensee shall promptly notify the
clerk-administrator in writing of any such change
indicating the name and address of the new manager
and the effective date of such change.
(9) List of employees. The licensee shall furnish the
clerk-adminiatrator with a list of current employees
indicating their names and addresaes and designating
the duties of them. Licensee shall promptly notify the
clerk-administrator of any additions or deletions in
the list of employees or changes in their job
descriptions or duties and furnish the clerk-adminis-
trator with the new names and addreases and effective
date of these additions.
(10) Mainte?iance in sanitary condition of sauna and
massage parlors. In the case of sauna and massage
3upp. No. 2 791
§ 13.5-9 ARDEN HILL3 CODE
parlors, the licensed premisea must be kept and
maintained in a sanitary condition, and all equip-
ment, personal property, tables, beds, towels, clothing
and the like shall also be maintained in a sanitary
condition.
(11) Health and disease control in sauna and massage
, parlors. No peraon, while afflicted with any disease in
a communicable form or while a carrier of such
disease or while afflicted with boils, infected wounds,
sores or any acute respiratory infection shall work or
provide services in any massage or sauna room, and
no person known or suspected of being afflicted with
any such disease or condition ahall be employed or
permitted in such area or capacity.
(12) Minors prohibited. No person under eighteen (18)
years of age shall be permitted upon or allowed to be
employed or to serve in the massage, rap or sauna
parlor.
(13) Possession of alcoholic beuerages or narcotic drugs
prohibited. No alcoholic beverages, narcotic drugs or
controlled substances shall be kept, possessed or
maintained upon the premises of any massage, rap or
sauna parlor.
(c) Employment.
(1) Clothing coverage. All employees of any establish-
ment Iicensed hereunder, and customers thereof, shall
have at all times their breasts, buttocks, genitals and
anus covered by a nontransparent material.
(2) Necessity of personal service licenses in massage
parlors. No massage parlor licenae hereunder shall
employ or utilize any person as a masseur or
masseuse unleas such person is licensed by the city.
(3) Display ' of personal service license in massage
parlors. Any person acting as a masseur or masseuse
in a massage parlor licensed hereunder shall have his
or her licenae or a true copy thereof displayed in a
prominent place on the licensed premises.
Supp. No. 2 792
MASSAGE, R,AP AND SAUNA PAR,LORS § 13.5-10
(4) Same sex attendants in sauna and massage parlors.
With respect to sauna and massage parlors licensed
hereunder, male sauna employees or attendants and
masseurs shall attend to, assist or otherwise serve
only male patrons and female sauna employees or
attendants and masseuses shall attend, assist or
otherwise serve only female patrons. (Ord. No. 210, §
9, 10-29-79)
Sec. 13.5-10. R,evocation or suspension of license.
Any license granted hereunder may be subsequently
revoked or suspended, or not renewed by the city council
upon its finding that the licensee or its owners, partners,
managers, employees, agents or any of its interested parties
have engaged in any of the following items of conduct:
(a) Violation of any of the requirements of this chapter;
(b) Fraud, deception or misrepresentation in connection
with securing the license;
(c) Habitual drunkenness or intemperance in the use of
drugs defined in M.S.A. Section 618.01, barbiturates,
hallucinogenic drugs, amphetamines, benzedrine, deg-
edrine or other sedatives, depressants, stimulants or
tranquilizers;
(d) Conduct inimical to the interest of the public health,
safety, morals or welfare;
(e) Failure fully to comply with any of the requirements
of any ordinance, rule, regulation, law or statute of the
city or any other governmental subdivision of the
State of Minnesota, or the State of Minnesota itself, or
the United States Government;
(f) Material variance in the actual plan and design of
licensed premises from the plans and specifications
submitted to the city along with the application;
(g) Conviction for any offense involving moral turpitude
or sezual misconduct; and
Supp. No. 2 793
§ 13.5-10 ARDEN HII.LS CODE
(h) Operation without a license as required hereby.
The licensee may appeal such suspension, revocation or
nonrenewal to the city council. The council shall consider
the appeal at the negt regularly scheduled council meeting
on or after ten (10) days from service of the notice of appeal
upon the clerk-administrator. At the conclusion of the
hearing, the council may affrm the suspension, revocation
or nonrenewal of the license; reinstitute or renew the
license; or impose a reissuance of the license upon such
additional terms, conditions and stipulations which the
council may, in its sole diacretion, impose. The factual bases
for any denial shall be set forth in writing and mailed to the
licensee by the clerk-administrator. (Ord. No. 210, § 10,
10-29-79)
Sec. 13.5-11. Violations; penalties.
Whoever does any acts forbidden by this chapter or omits
or fails to do any acta required by this chapter shall be
guilty of a misdemeanor, and every person who commits or
attempts to commit, conapires to commit or aids and abets
in the commission of any act constituting a violation of this
chapter or any act, which constitutes an omission and
therefore a violation af this chapter, whether individually or
in connection with one or more peraons or as principal,
agent or accessory, shall be guilty of such offense and every
person who falsely, fraudulently, forcibly or willfully
induces, causes, coerces, requires, permits or directs another
to violate any of the provisions of this chapter ia likewise
guilty of such offenae and is guilty of a misdemeanor. Each
day that a violation egists conatitutes a separate and
distinct offenae. (Ord. No. 210, § 11, 10-29-79)
Supp. No. 2 794 [The nezt page is 809]
i
Chapter 14
MOBILE HOMES*
Art. I. In General, 14-1-14-18
Art. II. Mobile Home Courts, 14-17-14-90
Div. 1. Generally, 14-17-14-40
Div. 2. Permit, 14-41-14-52
Div. 3. Development Requirementa, 14-53-14-81
Div. 4. Streeta, Sidewalke, 14-82-14-90
ARTICLE I. IN GENEBAL
Sec. 14-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to
them:
Camping trailer or folding tent trailer: A vehicular
portable structure mounted on wheels and constructed with
collapsible partial sidewalls of fabric, plastic or other
pliable material which are adapted for folding or towing by
another vehicle and unfolding at the campsite to provide
temporary living quarters for recreational, camping or
travel use.
Double wides: Two (2) (or more) mobile home unita,
separately towable but designed without a permanent
foundation to be joined into. one integral unit, capable of
being again aeparated for repeated towing (see also
"sectional house," and "expandables").
Expandables: A mobile home containing a collapaible or
telescoping unit which meets highway towing atandards
when "closed;" expanded at site ("pulled out like a bureau
drawer to form a bay or an ell") for added living space.
'Crosa references-Buildinga, Ch. 6; planning and zoning, Ch. 20;
subdivisiona, Ch. 22; utilities, Ch. 28.
3tate law reference-Hotele, public resorts, mobile homes, M.S.A. Ch.
327.
Supp. No. 9 809
§ 14-1 ARDEN HILL3 CODE
Manufactured Izome~ A atructure, transpoartable in one or more
sections, which in the traveling mode is eight (8) feet or more in
width or forty (40) body fest or more in lexigth, vr, when erected on
site, is three hundrecl twenty (320) or more aquare feet, and which is
built on a permanent cha$sis and desxgned to be used as a dwell-
ing with or without a permanent foundation when connected to,
the required utilities, and includea the plumbing, heating, air-
conditioning, and electnical, system contained thersin; except that
the term includes any atructure which meets all the require-
ments and with respect to which the manut'acturer files a certifi-
cation required by the Searetary of the U.S. Department of Hous-
ing and Urban Development and complies with the standards of
the Manufactured Home Building Code as defined in M.S. 327.31,
Subdivision 3.
Mobile home: A manufactured home designed, constructed, and
equipped for use as a sin,gle-family dwelling, which has a width of
less than twenty (20) feet over more than twenty-five (25) per cent
of its length; or which is not placed on a permanent foundation
cQmplying with the requirements of the State Building Code or
which is not contintzous and solid far the entire perimeter of the
structure.
Mobile heme court: Any premises on which are parked two
(2) or more ctccupied mobile homes, but this definition ahall
exclude sales lots on which autompbiles Ar unoccupied
mobile homes, whether new or used, are pmtrkod for purposes
of inspection or sale.
Mobile home lot< A parcel of land for the placement of a
single mobile home for the exclusive use of the Qccupanta of
said mobile home.
Mobile home stand; The part of an individual mobile
home lot which hae been reserved for placement of the
mobile home, appurtpnant structurea, or additions.
Motor home (motor;zed home): A vehicular atructure built
on a self-propelled motor vehicle chassis, primarily designed
to provide temporary living quarters for recreational,
camping or travel use.
3upp. No. 9
810
MOBILE HOMES § 14-1
Prefabricated housing: Conventional-type housing for
permanent foundationa, assembled and "finished" on site,
from factory preconstructed aeparate sections of walls,
roofs, etc., typically lifted from trucks into place with the aid
of cranes.
Sectional house: A factory prefinished house designed for
a permanent foundation which can include a full-depth
basement, ahipped in (normally two (2)) completed sections,
fastened together and "finished" at the site.
Trailer: Any vehicle or structure designed and used for
human living quartera which meets all of the following
qualifications:
(a) Is not used as the permanent residence of the owner
or occupant;
(b) Is used for temporary living quarters by the owner or
occupant while engaged in recreational or vacation
activities;
(c) Is towed or otherwise transported, by its own or by
other motor power on the public streets or highways
incidental to such recreational or vacation activities.
Trailer, dependent: A travel trailer which is dependent
upon a service building for toilet and lavatory facilitiea.
Trailer parks: A park, court, campsite, lot, parcel or tract
of land designed, maintained or intended for the purpose of
supplying the location or accommodations for any trailers,
as defined herein, and upon which said trailers are parked.
The term "trailer park" shall include all buildings used or
intended for use as a part of the equipment thereof whether
a charge is made for the use of the park and its facilities or
not.
Trauel trailer: A vehicular portable structure, mounted on
wheels, of such size or weight as not to require apecial
highway movement permita when drawn by a stock
passenger automobile, primarily designed and constructed to
provide temporary living quarters for recreational, camping
or travel use.
3upp. No. 9 811
g 14-1 ARDEN HILLS CODE
Truck camper: A portable structure, designed to be loaded
onto, or affiaed to, the bed or chasais of a truck, constructed
to provide temporary living quartera for recreation, camping
or travel use. (Ord. No. 147, § 3.2, 8-30-71; Ord. No. 235, § 28,
12-27-84)
Sec. 14-2. Restraining actions.
In the event of a violation or a threatened violation of thia
chapter, the council, or any member thereof, in addition to
other remedies, may institute appropriate actions or
proceedinga to prevent, reatrain, correct, or abate such
violations of threatened violations. (Ord. No. 147, § 8.2,
8-30-71)
Sec. 14-3. Conflicts.
The provisions of this chapter shall be considered
supplementary to the zoning ordinance and the building
code, as both have been amended. In case of inconaistency
between this chapter and any other provision of this Code
or city ordinance, including those juat cited, this chapter
shall govern. (Ord. No. 147, § 9.2, 8-30-71)
Sec. 14-4. Location outside courts restricted.
No person shall park or occupy a mobile home on any
land situated outside an approved mobile home court,
subject to the following exceptions:
(a) Temporary maintenance of a mobile home for
business purposes on the business premises or
adjacent property where the mobile home is used in
connection with work on the premises.
(b) Use of the mobile home as a temporary dwelling on
premises where the occupants of the home are
constructing, reconatructing or altering a permanent
structure.
(c) Permits for such excepted mobile home use may be
issued by the buitding inspector for a period not to
exceed ninety (90) days if the conditions stated herein
3upp. No. 9 $12
~
MOBILE HOMES ¢ 14-16
appear to his reasonable satisfaction, but any renewal
of such a permit shall require approval of the city
council, it being the intent of the council that
extenaions should be granted only in unusual and
emergency situations requiring a brief eatenaion.
(Ord. No. 147, § 3.1(2), 8-30-71)
8ec. 14•5. Permanent, foundations prohibited.
The construction of a permanent foundation or enclosure
under a properly located mobile home is hereby prohibited.
(Ord. No. 147, § 3.1(3), 8-30-71)
Sec. 14-6. Manufactured homes.
Manufactures homes which have a minimum width of twenty
(20) feet over at least seventy-five (75) per cent of their length and
' which are placed on permanent foundations which comply with
the requirementx of the State Building Code and which are con-
tinuous and solid for the entire perimeter of the structure shall be permitted outside of mobile home parks in all residential
zoning districts, subject to all applicable requirements of the
zoning ordinance of the City of Arden Hills. (Ord. No. 235, § 29,
12-27-84)
3ecs. 147-1416. Reserved.
I
Supp. No. 9
812.1
~
,
4
MOBILE HOMES § 14-19
ARTICLE II. MOBILE HOME COURTS
DIVISION 1. GENERALLY
Sec. 14-17. Intent and purpose.
The intent and purpose of this article is to assure quality
development equal to that found in other types of residential
areas throughout the city. Excellence of design, development
and maintenance of mobile homes and mobile home courts
is the desired objective. The council has the authority to
vary any of the requirements of this article, provided it acts
within the intent of the variance provisions as established
in the city zoning ordinance, as amended. (Ord. No. 147, §
2.0, 8-30-71)
Sec. 14-18. Occupied by owner.
It is the purpose of this chapter to restrict occupancy of
mobile homes to the owners of such mobile homes, on the
basis that owner-occupancy is more likely to result in a
well-maintained mobile home. Accordingly, all mobile
homes in this city shall be owner-occupied and no mobile
home may be inhabited by more than one family.
Unoccupied mobile homes must be removed from the court
within ninety (90) days after they become unoccupied. (Ord.
No. 147, § 6.4, 8-30-71)
Sec. 14-19. Application of building code.
All structures in a mobile home court, other than the
mobile home, shall require a building permit. It is not the
intent of this article to repeal or abrogate any part of the
city building code. The provisions of this article ahall be
enforced in addition to and in conjunction with the
provisions of the building code. (Ozd. No. 147, § 6.2, 8-30-71)
Cross reference-Building code, § 6-16.
•State law reference-Mobile home parka, M.S.A. § 327.14 et seq.
s1s
~
§ 14-20 ARDEN HILLS CODE
Sec. 14-20. Basic standards.
• Mobile homes shall not be located, or permitted to remain
in the city unless they:
(a) Conform to all requirements of the statutes of
Minnesota, including particularly those in Chapter
327 of Minnesota Statutes Annotated as amended;
(b) Are in sanitary condition;
(c) Are structurally sound, particularly with respect to the
safety and welfare of their occupants. (Ord. No. 147, §
6.3, 8-30-71)
State law reference-Mobile home building code, M.S.A. § 32721 et
seq.
Sec. 14-21. Right of entry.
City employees, including particularly police, building
inspectors, health inspectors, and the like, shall be permitted
in the mobile home court at all reasonable times for the
purposes of making any inspections under this article or
other applicable provisions of this Code, city ordinances or
state laws. (Ord. No. 147, § 6.5, 8-30-71)
Sec. 14-22. Caretaker.
A caretaker shall be on duty at all times in each mobile
home court within the city. (Ord. No. 147, § 4.14, 8-30-71)
Sec. 14-23. R,egister of occupants.
The operator of every mobile home court shall maintain a
register in the office of the court, indicating the name and
address of each current resident of said court and the make,
type, license and serial number of each mobile home and
automobile of each current resident, and the date of arrival
of each mobile home on the premises. (Ord. No. 147, § 4.14,
8-30-71)
814
I
I
MOBILE HOMES § 14-27
Sec. 14-24. Advertising. ,
Advertisirig of the mobile home court on the premises
shall be limited to one nameplate sign containing the court
name, which plate shall not egceed twenty-five (25) aquare
feet, with lighting, heights and location as approved by the
city with a twenty-five (25) foot setback from any lot line.
(Ord. No. 147, § 4.18, 8-30-71)
Sec. 14-26. Vehicles prohibited.
No trailers, campers, camping trailers, motor homes,
prefabricated homea, sectional houses, tent trailera, depend-
ent trailers, travel trailera, or truck campers ahall occupy
or be located upon any lot in a mobile home park. (Ord. No.
147, § 4.17, 8-30-71)
Sec. 14-26. Enclosure of area under home.
The area beneath all mobile homes shall be enclosed with
a normal exterior material that shall be generally uniform
throughout the entire mobile home court egcept that such an
enclosure must be so constructed that the enclosed area
I within the same is subject to reasonable inspection. (Ord.
No. 147, § 6.6, 8-30-71)
Sec. 14-27. Additions allowed.
Construction of any addition to a mobile home located
within the city to provide extra floor space shall be allowed
provided any such addition either:
(1) is furnished by a manufacturer and specifically
designed for use with mobile homes; or
(2) is build on site and has an exterior finish which
harmonizes with the exterior fi-ish of the egisting
mobile home,
and such addition compliea in all respects with the other
provisions of this chapter, the applicable provisions of the
building code chapter (Chapter 6 hereof), other applicable
ordinances or chapters, and applicable permits issued 'uy the
council with respect to setback and similar matters. (Ord.
No. 147, § 3.1(3), 8-30-71; Ord. No. 211, § 3, 12-27-79)
Supp. No. 2 815
i
§ 14-28 ARDEN HILiS CODE
See. 14-28. Water, sewer connections generally.
(a) A mobile home shall not be used as a permanent place
of abode or as a permanent dwelling unless it is properly
connected to a municipal water supply and a municipal
sanitary sewer system. All water and sewer systema ahall be
constructed in accordance with plans and specifications
approved by the city engineer.
(b) The provisions of this Code with respect to required
time of connections either to the municipal water system or
the municipal sanitary sewer system are superseded by this
provision, it being the intent of the council that municipal
water and sanitary sewer connections to mobile home courts
shall be made as a part of their original construction. (Ord.
No. 147, § 3.1(4), 8-30-71)
Croas reference-Utilitiea, Ch. 28.
See. 14-29. Animals at large.
, No dogs or animals shall be permitted to run at large
within a mobile home court. (Ord. No. 147, § 4.16, 8-30-71)
Cross reference-Animals, Ch. 5.
See. 14-30. Camping.
There shall be no outdoor camping anywhere within a
mobile home court; and no tents shall be erPCted or
occupied. (Ord. No. 147, § 4.16, 8-30-71)
See. 14-31. Public address system.
No public address or loudspeaker system shall be
permitted in any mobile home court. (Ord. No. 147, § 4.16,
8-30-71)
See. 14-32. Garbage, refuse control generally.
All land areas within mobile home courta shall be
adequately drained and properly maintained free of dust,
refuse, garbage, rubbish or debr'is. The proposed method of
garbage, waste and trash disposal muat be approved by the
city and must conform to the regulationa af the 'state
pollution control agency. Refuse collection atands shall be
3npp. No. 2 816
w
MOBII.E HOML3 ¢ 14-32
provided for all refuae containers. 3uch stands shall be so
designed so as to prevent containera from being tiPped, to
minimize spillage and container deterioration, and to
facilitate cleaning around them. The storage, collection and
dispoeal of refuse in the mobile home court shall be so
3npp. No. 2 816.1
MOBILE HOMES & 14-43
conducted as to create no health hazards, rodent harborage,
insect breeding areas, accident or fire hazards or air
pollution. (Ord. No. 147, § 4.3, 8-30-71)
Cross reference-Garbage and trash, Gh. 11.
Sec. 14-33. Traffic.
The operation of motor vehicles on private roads within a
mobile home court shall be subject to the state highway
traffic regulation act as adopted by this Code, notwithstand-
ing the provision therein excluding its operation upon
private roads. (Ord. No. 147, § 4.8, 8-30-71)
Cross rePerence-Traffic, Ch. 26.
Sec. 14-34. Fire extinguishers.
Fire extinguishers, as approved by the fire chief, shall be
provided, maintained and located in each mobile home.
(Ord. No. 147, § 4.13, 8-30-71)
Secs. 14-35-14-40. fteserved.
DIVISION 2. PERMIT*
Sec. 14-41. Required.
No person shall develop, operate any mobile home court
without having obtained a special use permit to do so. (Ord.
No. 147, § 3.1(1), 8-30-71)
Sec. 14-42. Procedure.
The procedural requirementa of this division ahall be the
same as those established in the city's zoning ordinance for
the consideration of a special use permit. (Ord. No. 147, §
7.1, 8-30-71)
Sec. 14-43. Application.
The application for a special use permit under the
provisions of this division ahall include the name and
*Cross reference-Limited, temporary permita, § 13-83 et seq.
817
§ 14-43 ARDEN HILLS CODE
address of the developer and a description of the construc-
tion schedule and construction cost. The application shall be
accompanied by six (6) copiea of all plans and shall
indicate:
(a) Location and size of the mobile home court.
(b) Location, size and topography of all mobile home lots,
mobile home stands, storage areas, recreation areas,
roadways, parking spaces and sites and all setback
dimensions.
(c) Detailed landacaping plans and specifications.
(d) Location and width of sidewalks.
(e) Plans for sanitary sewage disposal, surface drainage,
water systems, electrical service, telephone service and
gas service.
~(f) Plans for an overhead street lighting syatem shall be
submitted for approval by the city engineer.
(g) The method of disposing of garbage and refuse.
(h) Location and size of all streets abutting the mobile
home court and all driveways from such streeta to the
court.
(i) Plans and specifications for all road construction
either within the court or directly related to court
operation.
(j) Floor plans and elevations of all buildinga to be
constructed within the mobile home court.
y(k) Detailed description of maintenance procedures and
grounds supervision.
(1) Complete data as to dwelling unit sizes and ratio of
units to total lot space.
(m) Such other information as may be required or requested
by the city. (Ord. No. 147, § 7.2, 8-30-71)
818
~
MOBILE HOMFS § 14-53
Sec. 14-44. Permit fees-Generally.
The fee for the special use permit on a mobile home court,
plus a development fee for each mobile home lot in the court
as shown in the approved plans when the permit is issued,
shall be those established in a resolution from time to time
adopted by the council. These fees shall be paid before
issuance of the special use permit and before any grading,
excavation or construction of any kind is started on the
court site. (Ord. No. 147, § 7.3(1), 8-30-71; Ord. No. 217, § 23,
12-29-80)
Sec. 14-45. Same-Location.
In addition to the special use permit fee and development
fee provided for in section 14-44 hereof, the owner or
operator of a mobile home court shall pay such location fee
for each mobile home prior to its being parked on a lot in
the court. The location fee shall be established in a
resolution by the council. This fee shall be paid upon
issuance of a completed location permit for the mobile home
pursuant to application therefor filed with the clerk-admin-
istrator. (Ord. No. 147, § 7.3(2), 8-30-71; Ord. No. 217, § 24,
12-29-80)
3ec. 14-46. 3ame-Inspections.
In addition to the fees required by sections 14-44 and
14-45, the normal inspection and reinapection fees ahall be
charged. (Ord. No. 147, § 7.3(3), 8-30-71) ,
3ecs. 14-47-14-62. Reserved.
DIVISION 3. DEVELOPMENT REQUIREMENTS
Sec. 14-68. Minimum area.
A mobile home court shall contain area sufficient to
accommodate at leest one hundred fifty (150) mobile home
lota, plus recreational areas and streets as required by thia
srticle. (Ord. No. 147, § 4.1, 8-30-71)
Supp. No. 3
819
§ 14-54 ARDEN HILLS CODE
Sec. 14-54. Minimum development.
Prior to occupancy of any mobile home in a mobile home
court, at least fifty (50) mobile home atands shall be fully
developed as required by the provisiona of this article,
including all required auxiliary buildings and other areas.
(Ord. No. 147, § 4.1, 8-30-71)
See. 14-56. Utilities to be underground.
I All utilities, such as sewer, water, fuel, electric, telephone
and television antenna lead-ina in mobile home courta,
shall be buried to a depth specified by the engineer, and
there shall be no overhead wires. (Ord. No. 147, § 4.2,
8-30-71)
' Cross reference-Underground installations of diatribution linea, §
28-152 et seq.
See. 14-66. Approval of utility connections.
All utility connections in mobile home courts ahall be
approved by the city prior to connection. (Ord. No. 147, §
42, 8-30-71)
I
See. 14-57. Approval of storm water disposal.
Plana for the disposal of surface storm water within
mobile home courta shall be approved by the city engineer.
(Ord. No. 147, § 4.2, 8-30-71)
~ See. 14-58. Conformance of water, sanitation facili-
ties to state recommendations.
All water supply and sanitation facilitiea within mobile
home courts must conform to the current recommendations
of the atate department of health. (Ord. No. 147, § 4.5,
8-30-71)
See. 14-69. Recreational areas.
All mobile home courts ahall have one or more recreation-
al areas which ahall be easily accessible to all court
residenta. Recreational areas ahall be so located as to be free
3upp. No. 3
820
~
MOBILE HOMES § 14-63
of traffic hazards and should, where the topography
, permits, be centrally located. The recreational area shall be
a minimum of ten (10) per cent of the land area of the entire
court. All equipment installed in such an area shall be
owned and maintained by the owner or operator at his own
expense. (Ord. No. 147, § 4.4, 8-30-71)
Sec. 14-60. Fire hydrants.
Fire hydrants shall be provided in mobile home courts as
required by the city engineer, and approved by the fire
chief. (Ord. No. 147, § 4.5, 8-30-71)
Sec. 14-61. Storage areas.
All mobile home courts ahall have an area or areas set
aside for dead storage. The storage area shall be screened.
(Ord. No. 147, § 4.6, 8-30-71)
Sec. 14-62, Fencing, vegetation around perimeter.
A landacaped area with minimum depth of fifty (50) feet
shall be maintained around the perimeter of each mobile
home court. In addition thereto, all mobile home courts
shall be provided with five (5) foot high fencea and natural
growth along the property boundary lines, not less than two
(2) feet, six (6) inches at the time of planting. (Ord. No. 147,
§ 4.7, 8-30-71)
Sec. 14-63. Service buildings.
(a) Each mobile home court shall have one or more
~ central community buildinga with central heating which
shall be maintained in a safe, clean and sanitary condition.
Said buildings shall be adequately lighted during all hours
of darkness and shall contain laundry washers, dryers and
drying areas and public telephones, in addition to public
toilets and lavatory. Toilet facilitiea ahall compl~yµ with
requirements of the state department of health.
<
(b) Each court shall have a building for the use of the
operator distinctly marked "office" and such marking shall
821
~
§ 14-63 AR,DEN HILLS CODE
be illuminated during all hours of darkness. An illuminated
map of the court shall be displayed at the office.
(c) All of said buildinga must be constructed to meet
existing codes and shall provide below-grade storm ahelters
to house all mobile home court residents, providing at least
fifteen (15) square feet for each mobile home.
(d) Portable fire extinguishers, as approved by the fire
chief, shall be kept in all service buildings. (Ord. No. 147, §
4.12, 8-30-71)
Sec. 14-64. Identification of lots.
The corners of each lot in a mobile home court shall be
marked with surveyor's irons, and each lot ahall be
numbered. (Ord. No. 147, § 4.14, 8-30-71)
Sec. 14-65. Minimum site requirements.
The following shall be the minimum specifications and
requirements for mobile home lots or spacea within mobile
home courts in the city:
(a) Lot area per dwelling unit: 9,000 square feet
(b) Lot width : 75 feet
(c) Lot depth 100 feet
(d) Front yard setback : . . . . . . . . . . . . . . . . . . . . . . . 30 feet
(e) Side yard setback 10 feet
(f) Rear yard setback : 25 feet
, (Ord. No. 147, § 5.1, 8-30-71)
! Sec. 14-66. Accessory structures.
~ An accessory structure, including but not limited to,
i awnings, atorage cabineta, carports or porchea, ahall be
j considered to be part of the mobile home for the purposes of
! all setback requirements. (Ord. No. 147, § 5.2, 8-30-71)
Sec. 14-67. Percentage of lot occupied.
The area occupied by atructurea shall not esceed
twenty-five (25) per cent of the total area of a mobile home
822
I
~
I
~
MOBILE HOMES § 14-71
lot. The lot may be occupied by a mobile home, an accessory
building, a carport, an awning, and a storage closet or
cupboard, all within said twenty-five (25) per cent limita-
tion. (Ord. No. 147, § 5.3, 8-30-71)
Sec. 14-68. Off-street parking-ftequired.
Each mobile home site in a mobile home court shall have
two (2) paved (concrete or bituminous) off-atreet parking
spaces for automobilea. Each parking space shall be at least
three hundred (300) square feet in size and ahall not be
located within five (5) feet of the side of any mobile home or
within five (5) feet of any lot line. (Ord. No. 147, § 5.4,
8-30-71)
Sec. 14-68. Same--Guests.
In addition to the required off-street parking for each
mobile home lot, the mobile home court shall provide and
maintain a paved off-street parking lot for guests of
occupants: (Ord. No. 147, § 4.15, 8-30-71)
Sec. 14-70. 3odding, trees required.
Except for the areas used for the mobile home, patio,
sidewalk and off-street parking space, the entire remaining
area of the mobile home lot ahall be sodded and maintained
with grass. At least two (2) ahade treea with a minimum
diameter of two (2) inehes at the time of planting shall be
planted and maintained on each mobile home lot. (Ord. No.
147, § 5.5, 8-30-71)
Sec. 14-71. Specifications for stand.
The mobile home stand shall conaist of reinforced concrete
slab, two (2) feet longer and two (2) feet wider than the
mobile home and ahall be constructed in such a way that it
will not heave, ahift, or settle unevenly under the weight of
the mobile home, due to frost action, inadequate drainage,
vibration or other forces acting upon the stand. (Piers ahall
also be conaidered suitable). (Ord. No. 147, § 5.6, 8-30-71)
I
823
~
~ 14-72 AftDEN HILLS CODE
Sec. 14-72. Tie-downs-Reguired.
The mobile home stand, shall be provided with anchors
and tie-downs, such as cast=in-place concrete foundations
or runways, screw augers, arrowhead anchors or other
devices providing for stability of the mdbile home. (Ord. No.
147, § 5.7, 8-30-71) ~ .
Sec. 14-73. Same=Specifications. .
Anchors and tie-downs shali be placed at least at each
corner of the mobile home stand and each anchor shall be
able to sustain a minimum tensile strength of two thousand
eight hundred (2,800) pounds. (Ord. No. 147, § 5.8, 8-30-71)
Sec. 14-74. Fuel aupply.
Each mobile home lot shall be served by a central fuel
supply system, such as natural gas or a central L.P. system.
No separate or private fuel containera, such as fuel oil tanks
or L.P. tanks, shall be allowed in the mobile home court.
Periodic inspectiona by city personnel of the entire court and
all its facilities may be acquired. Utility and heating
facilities shall be inspected at least once every six (6)
months. (Ord. No. 147, § 5.9, 8-30-71)
Sec. 14-75. Maintenance of structures.
Every structure within a mobile home court shall be
developed and maintained in a safe, approved, and
substantial manner. The exterior of each structure in a
mobile home court ahall be kept in good repair, and shall be
repainted or refinished at such reasonable times and in such
reasonable manner as may be required by the city, it being
the intent of this provision that the court shall not be
permitted to present a run-down or ahabby appearance.
(Ord. No. 147, § 6.1, 8-30-71)
Secs. 14-76-14-81. R.eserved.
824
I
I
MOBILE HOMES § 14-87
DIVISION 4. STREETS, SIDEWALKS
Sec. 14-82. Private streets required.
Each mobile home lot within a mobile home court shall
abut on and have access to a private street used by the
inhabitants of the court and built and maintained by the
owner thereof. This private street shall lead to and furnish
ingress and egresa from a public street through controlled
driveways. (Ord. No. 147, § 4.8, 8-30-71)
See. 14-83. Access from lot to street.
No mobile home lot shall have direct access to a public ~
street. (Ord. No. 147, § 4.8, 8-30-71)
Sec. 14-84. Surface.
The roadway portions of private streets in mobile home
courts shall be paved with a concrete or bituminous
material complying with the specifications for the construc-
tion of any city residential atreet. (Ord. No. 147, § 4.8,
8-30-71)
Sec. 14-85. Width of private streets.
The private streets in mobile home courts shall not be less
than sixty (60) feet in width. (Ord. No. 147, § 4.9, 8-30-71)
Sec. 14-86. Width of roadways of private streets.
The roadways of the private streets within mobile home
courts shall be at least thirty (30) feet in width. (Ord. No.
147, § 4.8, 8-30-71)
Sec. 14-87. Driveways.
Each mobile home lot shall be provided with paved
driveways which shall not be less than twenty-four (24) feet
in width. (Ord. No. 147, § 4.8, 8-30-71)
825
§ 14-88 ARDEN HILLS CODE
Sec. 14-88. Illumination.
All private streets within mobile home courts shall be
adequately lighted for the purpose of protecting vehicular
traffic thereof and pedestrian use thereof. (Ord. No. 147, §
4.8, 8-30-71)
Sec. 14-89. Curbs and gutters.
A concrete curb and gutter shall be constructed on each
side of the street. The curb and gutter shall comply with all
applicable provisions of this Code. (Ord. No. 147, § 4.10,
8-30-71)
Sec. 14-80. Sidewalks.
A concrete sidewalk not less than forty-eight (48) inchea
wide shall be constructed adjacent to the concrete curb (or a
curb and sidewalk combination, forty-eight (48) inches in
width). This sidewalk shall be connected to each unit
entrance by a concrete walk not less than thirty-sig (36)
inches in width. (Ord. No. 147, § 4.11, 8-30-71)
[The nezt page is 8771
826
~
i
Chapter 15
MOTOR. VEHICLES*
Art. I. In General, 16-1-16-20
Art. II. Motor Vehicle R.entale, 16-21-18-30
Art. III. 8ervice 8tatione, 16-31-16-84
AltTICLE I. IN GENEItAL
Sec. 15-1. Statement of sale of veLicles, boate.
Any person engaged in the business of selling motor
vehicles, boats and other vehicles as provided in sections
13-44 and 13-64 of this Code shall, at the time of any such
sale, give the purchaser a plainly written statement of the
sale which shall include the name and address of the person
making the sale; the license and serial number of the vehicle
sold, if applicable; the purchase price therefor; and the
signature of the licensee. (Ord. No. 162, 11-13-72)
Secs. 15-2-16-20. R,eserved.
AR.TICLE II. MOTOR. VEHICLE R.ENTAL3t
Sec. 15-21. Driver's license.
No person engaged in the business of renting motor
vehicles ahall rent or furniah a vehicle requiring a driver's
license for operation to any person who does not have such
a license issued in accordance with the laws of the atate.
(Ord. No. 162, § 7, 11-13-72)
*Croes references-Licenses, Ch. 13; abandoned vehicles, § 16-31 et
seq; taxicaba, Ch. 25; traffic, Ch. 26.
fiCrosa reference-Licenee fee, § 13-64.
877
I
,
§ 15-22 AftDEN HILLS CODE
Sec. 15-22. Records.
Each licensee engaged in the rental of motor vehicles
shall make a permanent record containing the name,
address and age of the person renting such vehicle and the
number of his driver's licenae, which record shall be
maintained for at least one calendar year after the
expiration of the particular licensing period ancl shall be
available for inspection by representatives of the city and
any law enforcement agencies. (Ord. No. 162, § 7, 11-13-72)
Secs. 15-23-16-30. R.eserved.
AftTICLE IiI. SERVICE STATION3*
Sec. 15-31. Definition.
An "automobile service station," as used herein, is defined
as a place where gasoline, kerosene, or other motor fuel or
lubricating fuel or grease for operating motor vehicles is
offered for sale to tihe public and deliveries are made directly
into motor vehiclea, and ahall slso include places of business
where minor repaira, ineidental body and fender work,
incidental vehicle washing, painting and upholstering,
replacement of parts and motor services to passenger
automobiles and trucks not exceeding one and one-half (11/2 )
tons capacity are furniahed. The definition as used herein
shall not include general repairs, rebuilding or recondition-
ing of engines, motor vehicles or trailers; collision service,
including body, frame or fender - straightening or repair;
overall painting or paint job; vehicle ateam cleaning. (Ord.
No. 132, § 2, 5-11-70)
Sec. 16-32. 3pecial use permit required.
~ No license for the operation of an sutomobile service
station shall be issued unlesa a special use permit for the
conatruction and maintenance of an sutomobile service
station on the premises ahall firat have been granted
'Crose reference-License fee, § 13-66. 878
r
I
, MOTOR VEHICLES § 15-33
pursuant to the provisions of the zoning ordinance, as
amended. (Ord. No. 132, § 4, 5-11-70)
Sea 15-33. Operating regulations.
The following regulations are hereby established, in the
public interest, to govern the operation of automobile service
stations licensed hereunder:
(a) Used oil cans, discarded auto parts, discarded tirea
and similar items of debris shall not be stored on
service station premises, unless such items of debris
are located in an enclosure and are completely outside
of public view. Such debris shall be removed from the
premises at least once each week.
(b) No materials shall be burned on the premises of a
service station.
(c) Tires for sale shall not be stored or displayed outside
the service atation structure, egcept (1) in a display
rack during busineas hours, or (2) in a permanent
outside display container located in conformance with
the setback requirements of the zoning ordinance and
completely encloseable. Such display container shall
be closed when the atation is not open for business.
(d) Service stations ahall be fenced at the sides and the
rear by a fence or compact evergreen hedge not less
than fifty (50) per cent opaque and not less than sig
(6) feet high, but the fence shall egtend at the sides
only to the front setback line as established by
ordinance.
(e) Banners, flags, (other than flags of the United States
of America and the State of Minnesota) pennanta, and
similar promotional diaplay devices may be permitted
for a period not to exceed thirty (30) days, if so
provided for in the permit.
(f) The entire service station site other than that part
devoted to landscaping and structurea ahall be
surfaced with concrete or bituminqus surfacing to
control dust and provide adequate drainage and such
879
§ 15-33 ARDEN HILLS CODE
surfaces shall be designed to fit the requirements of a
minimum seven (7) ton agle load.
(g) If approved by the council, all rental campers,
, trailers, or motor vehicles shall be stored or displayed
only in the yard of the premises apecifically desig-
nated on the site plan as submitted and approved.
Unless the special use permit for the premises
designatea such atorage or display area, the applica-
tion shall atate whether storage or display area is
required, and shall include a site plan designating
such area if desired.
(h) Service station premises ahall not be used as a place
of storage for wrecked, abandoned or junked automo-
biles. No motor vehicle in need of repair shall be
stored on the premises of a service station for a
continuous period of more than seven (7) days, egcept
when so stored pursuant to a police department
directive, or unlesa there is a bona fide delay in
obtaining necessary parta for the repair of such
vehicle, in which case the police department may
grant the initial eatension of time, subject to review by
the council.
(i) Service station premises ahall not be used as a place
of sale or resale, or as a place for display for sale or
resale, of new or used motor vehicles. (Ord. No. 132, §
6, 5-11-70)
Sec. 16-34. Abandonment of underground storage
tanks.
When any service station in the city has been vacant for a
period of at least twelve (12) months, the clerk-administra-
tor shall notify in writing the owner and/or operator thereof
that any underground atorage tanks located on the premises
of such vacant service station must be safeguarded or
disposed of within thirty (30) days of the date of said written
notice by one of the two (2) following methoda, each of
which is permissible under the State Fire Marshal
Flammable Liquid Code (NFPA-30):
880
~
i
MOTOR VEHICLES § 15-34
(a A
bandonin su h un
) g c derground atorage tanks in place
by:
(1) Removing all flammable or combustible liquids
from the tank and from all connecting lines;
(2) Diaconnecting the suction, inlet, gauge and vent
lines;
(3) Filling the tank completely with an inert solid
material, such as, for example, sand, preferably by
pumping such material into such tanks with
water, and capping the remaining underground
piping; or
(b) Removal of such underground atorage tanka from the
premises and disposal thereof elsewhere.
An extension of the time limit for the safeguarding or
disposal of such underground storage tanks may be granted '
by the council provided the owner and/or operator of the
vacant service station in which the eame are located has
requeated in writing such eutension, prior to the egpiration
of such time limit, and has ahown good cause for the
granting of such extenaion such as, for esample, an ,
immediate, reasonable prospect that the service station may
be reopened for business. ~
With respect to any premiaes the service atation on which
has been vacant for a period of twelve (12) months, any
prior approval by the city for service atation use thereof
shall be automatically nullified and voided as of the
expiration of such twelve (12) months' period of vacancy.
The term "vacant", as used in this section, means unused
for bona fide automobile service station purposes. (Ord. No.
184, § 3, 1-13-75)
[The ne:t pege is 9311
881
~
Chapter 16
NUISANCES*
Art. I. In General, 16-1-16-19
Art. II. Abandoned Property, 16-20-16-36
Div. 1. Generally, 16-20-16-30
Div. 2. Abandoned Vehicles, 16-31-16-36
ARTICLE I. IN GENERAL
Sec. 16-1. Definition.
For the purposes of this chapter, the word "nuisance" is
hereby defined as any person doing an unlawful act, or
omitting to perform a duty, or suffering or permitting any
condition or thing to be or exist, which act, omission,
condition or thing either:
(1) Injures or endangers the comfort, repose, health or
safety of others; or (2)- Offends decency; or ~
(3) Is offensive to the senses; or
(4) Unlawfully interferes with, obstructs or tends to
obstruct or renders dangerous for passage any public
or private street, highway, sidewalk, stream, ditch or
drainage; or
(5) In any way renders other persons insecure in life or
the use of property; or
(6) Essentially interferes with the comfortable enjoyment
of life and property, or tends to depreciate the value of
the property of others.
State law reference-Public nuisancea, M.S.A. § 609.74.
'Cross references-Certain activities of dogs as nuisances, § 5-34; certain
diseased trees declared nuisances, § 27-54.
State law reference-Authority to prevent, abate nuisances, M.S.A. § 412221(23).
Supp. No. 18 931
§ 16-2 ARDEN HILLS CODE
Sec. 16-2. IIlustrative enumeration.
The maintaining, using, placing, depositing, leaving or permit- `
ting to be or remain on any public or private property of any of
the following items, conditions or actions are hereby declared to
be and constitute a nuisance; provided, however, that this enu-
meration shall not be deemed or construed to be conclusive, lim-
iting or restrictive:
(1) Noxious weeds and/or objectionable or unsightly plant growth
twelve (12) inches or greater in height. The following pro-
cedures shall apply to the abatement of nuisances caused
by any of the vegetation described in this subsection: It
shall be unlawful for any owner, lessee or occupant or any
' agent, servant, representative or employee of any such
owner, lessee or occupant having control of any occupied or
unoccupied or unoccupied lot or land or any part thereof in
the city to permit or maintain on any such lot or land, or
on or along the sidewalk, street or alley adjacent to the
same between the property line and the curb or middle of ~
the alley or for ten (10) feet outside the property line if
there is no curb, any growth of weeds, grass or other rank
` vegetation to a greater height than twelve (12) inches on
the average or any accumulation of dead weeds, grass or
I brush. It shall also be unlawful for any such person or
persons to cause, suffer or allow poison ivy, ragweed or
j other poisonous plant or plants detrimental to health to
grow on any such lot or land in such a manner that any
part of such ivy, ragweed or other poisonous or harmful
weed shall extend upon, overhang or border any public
place or allow the seed, pollen or other poisonous particles
or emanations therefrom to be carried through the air into
any public place. j
(1.1) It shall be the duty of any owner, lessee or occupant of any
lot or land to cut and remove or cause to be cut and re-
moved all such weeds, grass or other rank, poisonous or
harmful vegetation as often as may be necessary to comply
with the provisions of subsection (1) above; provided that
, cutting and removing such weeds, grass and vegetation at
least once in every three (3) weeks, between May 15 and
supp. No. ls 932
L_
NUISANCES § 16-2
September 15, shall be deemed to be in compliance with
r ~ this subsection.
(1.2) If the provisions of the foregoing subsections (1) and (1.1)
are not complied with, the weed inspector shall serve writ-
ten notice upon the owner, lessee or occupant or any per-
son having the care or control of any such lot or land to
comply with the provisions of subsections (1)-(1.3) herein.
If the person upon whom the notice is served fails, ne-
glects or refuses to cut and remove or to cause to be cut and
removed such weeds, grass or other vegetation within five
(5) days after receipt of such notice, or if no person can be
found in the city who either is or claims to be the owner of
such lot or land or who either represents or claims to
represent such owner, the weed inspector shall cause such
weeds, grass and other vegetation on such lot or land to be
cut and removed; and the actual cost of such cutting and
removal, plus eight (8) per cent for inspection and other
additional costs in connection therewith, shall be certified
to the county auditor and shall thereupon become and be
assessed against the lot or land on which such weeds, grass
and other vegetation were located and shall be added to
and become part of the taxes next to be assessed and levied
upon such lot or land and shall bear interest at the same
rate as taxes and shall be collected and enforced by the
same office and in the same manner as taxes.
(1.3) Any person who shall neglect to cut and remove weeds,
grass or other vegetation as directed in subsections (1)
through (12) above or who shall fail, neglect or refuse to
comply with the provisions of subsections (1) through (12)
above or who shall resist or obstruct the weed inspector or
his employees in the cutting and removal of weeds, grass
and other vegetation shall, upon conviction thereof, be
subject to a fine of not less than twenty-five dollars ($25.00)
nor more than five hundred dollars ($500.00); and each day
on which such violation continues shall constitute a sepa-
rate offense.
(2) Accumulation of rubbish, trash, refuse, junk and other
abandoned materials, metals, lumber or other things.
I Supp. No. 18 933
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I
$ 16-2 ARDEN HILLS CODE
(3) Any condition which provides a harborage for rats, mice,
snakes and other vermin. '
(4) Any building or other structure which is in such a dilapi-
dated condition that it is unfit for human habitation, or
kept in such an unsanitary condition that it is a menace to
the health of people residing in the vicinity thereof, and
presents a more than ordinarily dangerous fire hazard in
the vicinity where it is located, or, along with its appurte-
nances, for a continuous period of two (2) years has not
been "completed," as that term is defined in section 6-75(b)
of this Code.
(5) All unnecessary or unauthorized noises and annoying vi-
brations, including animal noises.
(6) All disagreeable or obnoxious odors and stenches, as well
as the conditions, substances or other causes which give
rise to the emission or generation of such odors and stenches.
(7) The carcasses of animals or fowl not disposed of within a
reasonable time after death.
(8) The pollution of any public well or cistern, stream, lake,
canal or body of water by sewage, dead animals, creamery,
industrial wastes or other substances. ,
(9) Any building, structure or other place or location where
any activity which is in violation of local, state or federal
law is conducted, performed or maintained.
(10) Any accumulation of stagnant water permitted or main-
tained on any lot or piece of ground.
(11) Dense smoke, noxious fumes, gas, soot or cinders in unrea-
sonable quantities.
(Ord. No. 251, § 3, 1-3-89; Ord. No. 260, 8-14-89)
Sec. 16-3. Prohibited.
It shall be unlawful for any person to cause, permit,
maintain or allow the creation or maintenance of a
nuisance.
State law reference-Permitting public nuisance, M.S.A. § 609.745.
Supp. No. 18 934
. ~
I
I NUISANCES § 16-7
Sec. 16-4. Notice to abate.
Whenever a nuisance is found to exist within the city or
within the city's extraterritorial jurisdiction, the health
officer or some other duly designated officer of the city shall
give five (5) days' written notice to the owner or occupant of
the property upon - which such nuisance exists or upon the
person causing or maintaining the nuisance.
Sec. 16-5. Contents of notice.
The notice to abate a nuisance issued under the provisions
of this chapter shall contain:
(1) An order to abate the nuisance or to request a hearing
within a stated time which shall be reasonable under the
circumstances.
(2) 1'he location of the nuisance if the same is stationary.
(3) A description of what constitutes the nuisance.
(4) A atatement of acts nECessary to abate the nuisance.
(5) A statement that if the nuisance is not abated as
directed and no request for hearing is made within the
prescribed time, the city will abate such nuisance and
assess the cost thereof against such person.
Sec. 16-6. Manner of service of notiee.
The notice to abate a nuisance shall be served as any
other legal process may be served pursuant to law. i
Sec. 16-7. Abatement by city.
Upon the failure of the person upon whom notice to abate
a nuisance was served pursuant to the provisions of this
chapter to abate the same, or request a hearing, the health
officer or other duly designated officer of the city shall
proceed to abate such nuisance and shall prepare a
statement of costs incurred in the abatement thereof.
I
Supp. No. 18 935
$ 16•8 ARDEN HII.LS CODE
Sec. 16-8. City's costs, declared lien.
Any and all costs incurred by the city in the abatement of
a nuisance under the provisions of this chapter shall
constitute a lien against the property upon which sucli
nuisance existed, which lien shall be filed, proven and
collected as provided for by law. Such lien shall be notice to
all persons from the time of its recording and shall bear interest
at the legal rate thereafter until satisfied.
Secs. 16-8-16-19. R.eserved.
ARTICLE II. ABANDONED PR,OPERTY*
DIVISION 1. GENERALLY
Sec. 16-20. Disposal generally.
All property, other than motor vehicles, lawfully coming
into the possession of the city shall kie disposed of as
provided in this article. .
Sec. 16-21. Storage.
The department of the city acquiring poasession of the
property shall arrange for it.s - storage. If city facilities foz
storage are unavailable or inadequate, the department may ar-
range for storage at privately owned facilities.
Sec. 16-22. Claim by owner.
The owner of property coming into the possession of the
city may claim the property by exhibiting satisfactory proof
of ownership and paying the city any storage or mainte-
nance costs incurred by it. A receipt for the property shall be
obtained upon release to the owner.
•State law reference-Diaposal of unclaimed property, M.S.A. §
471.195.
Supp. No. 18 936
NUISANCES § 16-33
Sec. 16-23. Sale.
I If the property remains unclaimed in the possession of the
, city for sixty (60) days, the property shall be sold to the
`highest bidder at a public auction conducted by the chief of
' police of the city after two (2) weeks' published notice in the
legal newspaper of the city setting forth the time and place
of the sale and the property to be 'sold.
Sec. 16-24. Disposition of proceeds.
The proceeds of the sale shall be placed in the general
• fund of the city. If the former owner makes application and
furnishes satisfactory proof of ownership within six (6)
months of the sale, he shall be paid the proceeda of the sale
of his property less the costs of storage and the propor-
tionate part of the cost of published notice and other costs of
the sale. Sees. 16-25-16-30. Reserved.
DIVISION 2. ABANDONED VEHICLES*
Sec. 16-31. Impoundment.
The city police department shall take into cuatody and
impound any abandoned motor vehicle as defined by
Minnesota Statutes, Section 168B.02, Subdivision 2.
Sec. 16-32. Notice. '
The police department shall give notice of the taking of
any motor vehicle under the provisions of this division as
provided by law.
State law reference-Notice, M.S.A. § 16813.06,
Sec. 16-33. Sale.
If the owner or any lienholder of a motor vehicle
impounded under the provisions of this division does not
•Cross reference-Motor vehicles, Ch. 15.
3tate law reference-Abandoned motor vehicles, M.S.A. Ch. 168B.
Supp. No. 18 937
~
§ 16-33 ARDEN HILLS CODE
reclaim the vehicle within the period provided by law, the
abandoned motor vehicle shall be sold to the highest bidder
at public auction or sale conducted by the chief of police
following two (2) weeks' published notice setting forth the
time and the place of the sale and describing the vehicle.
Sec. 16-34. Summary action.
When an abandoned motor vehicle is more than seven (7)
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 and ahall not be subject to the notification,
reclamation, or title provisions of Minnesota Statutes Sections
168B.01 to 168.13.
Sea 16-35. Disposition of proceeds.
The proceeds of the sale of an abandoned motor vehicle
shall be placed in the general fund of the city.
Sec. 16-36. Reimbursement of owner.
If the former owner or entitled lienholder makea applica-
tion and furnishes satisfactory proof of ownerahip or lien
interest within ninety (90) days of the sale, he shall be paid
the proceeds of the sale of the vehicle less the cost of
towing, preserving, and atoring the vehicle and all
administrative, notice and publication costs incurred in its
handling.
I
Supp. No. 18 938 [The neat page ia 9871
r
Chapter 17
OFFENSES*
Art. I. In General, 17-1-17-16
Art. H. Minors, 17-16-17-36
Div. 1. Generally, 17-16-17-21
Div. 2. Curfew, 17-22-17-35
Art. III. Weapons, 17-36-17-43
ARTICLE I. IN GENERAL
Sec. 17-1. Criminal offenses generally.
The various criminal offenses and misdemeanors enacted
by the State of Minnesota, to the extent that the same may
be adopted and enforced by the city, are hereby adopted by
reference by the city.
Secs. 17-2-17-15. Reserved.
AftTICLE II. MINORSI'
DIVISION 1. GENERALLY
Secs. 17-16-17-21. R.eserved.
DIVISION 2. CURFEW
Sec. 17-22. Imposed.
It shall be unlawful for any minor under the age of sigteen
(16) years to loiter, idle, wander, stroll, or play in or upon the
public streets, highways, roads, alleys, parks, playgrounds,
public and other unsupervised places in the city between the
'State law references-Criminal code of 1963, M.S.A. Ch. 609; crimea,
other provisions, M.S.A. Ch. 624.
tCross referenees-Inducing minor to purchase alcoholic beveragea, §
3-2; other alcoholic beverage regulationa relative to minora, 3-23-3-26.
987
(
§ 17-22 ARDEN HILLS CODE
hours of 10:00 p.m. and 5:00 a.m. the following day. It shall
be unlawful for any minor who is sixteen (16) and seventeen
(17) years of age to loiter, idle, wander, stroll or play in or
upon the public streets, highways, roads, alleys, parks,
playgrounds, public places and public buildings, places of
entertainment and amusement, vacant lots, and other
unsupervised places in the city, between the hours of 12:00
midnight and 5:00 a.m. the following morning. Provided,
however, that the provisions of this section do not apply to a
minor accompanied by his or her parent, guardian, or other
adult person having the care and custody of the minor, to a
minor who is upon an emergency errand, upon other
legitimate business directed by his or her parent, guardian,
or other adult person having the care and custody of the
minor, or where the presence of said minor in said Place or
places is connected with and required by some legitimate
business directed by his or her parent, guardian or other
adult person having the care and custody of the minor, or
where the presence of said minor in said place or places is
connected with and required by some legitimate business,
trade, profession or occupation in which said minor is
permitted by law to be engaged. (Ord. No. 124, § 2, 11-24-
69) '
~ Sec. 17-23. Duties of parents.
It shall be unlawful for the parent, guardian or other
adult having charge of a minor under the age of eighteen
(18) years to permit such minor to loiter, idle, wander, stroll,
' or play in or upon the public streeta, highways, roada,
alleys, parks, playgrounds or other public grounds, places
and public buildings, placea of entertainment and amuse-
' ment, vacant lots and other unsupervised places in the city
during the hours prohibited by this division; provided,
• however, that the provisions of this section do not apply
when the minor is accompanied by hia or her parent,
guardian, or other adult person having the care and custody
of the minor, where the minor is upon an emergency errand
or legitimate busineas directed by hia or her parent,
guardian, or other adult person having the care and custody
of the minor, or where the presence of said minor in said
988
1
.
i
OFFENSES § 17-36
place is connected with and required by some legitimate
business, trade, profession, or occupation in which said
minor is permitted by law to be engaged. (Ord. No. 124, § 3,
11-24-69)
Sec. 17-24. Minors in amusement places.
No person operating or in charge of any place of
amusement, entertainment or refreshment shall permit any
minor under the age of eighteen (18) years to remain in such
place during the hours prohibited by this division; provided
however, that the provisiona of this section shall not apply
when such minor is accompanied by his or her parent,
guardian or other adult person having the care and custody
of the minor. (Ord. No. 124, § 4, 11-24-69)
Secs. 17-25-17-36. Reserved.
AftTICLE III. WEAPONS
Sec. 17-36. Definition. '
The term "deadly weapons" as used in this article shall '
include the following:
~ (1) All firearms;
(2) Bows and arrows when the arrows are pointed or
tipped;
(3) All instruments used to expell at high velocity any
pellets of any kind, including, but not limited to, BB
guns and air rifles;
(4) Sling shots;
(5) Metal knuckles; and
(6) Switchblade knives, being knives with retractable
blades. (Ord. No. 96, § 1, 7-25-66)
989
§ 17-37 ARDEN HILLS CODE
Sec. 17-37. Prohibited generally.
Except as herein specifically authorized, the discharging
or use of deadly weapons within the city is hereby
prohibited. (Ord. No. 96, § 2, 7-25-66)
Sec. 17-38. Aiming prohibited.
The aiming of any deadly weapon, whether loaded or not,
at or towards any human being, is hereby prohibited. (Ord.
No. 96, § 3, 7-25-66)
Sec. 17-39. Furnishing to minors.
The selling, giving, loaning, or furnishing in any way of
any deadly weapon to a minor without the written consent
of his parents or guardian is hereby prohibited. (Ord. No.
96, § 4, 7-25-66)
Sec. 17-40. Use by minor.
No minor under the age of fourteen (14) years shall handle
or have in his posseasion or under his control, except while
accompanied by or under the immediate charge of his
parent or guardian, any deadly weapon. (Ord. No. 96, § 5,
7-25-66)
Sec. 17-41. Carrying concealed.
The possession by any persons other than a public officer
of any deadly weapon concealed on his or her person is
hereby prohibited. (Ord. No. 96, § 6, 7-25-66)
Sec. 17-42. Discharge restricted.
The firing of a gun or use of other deadly weapon in the
lawful defense of the person, property or family of the user
of said weapon is excepted from the prohibitions set forth in
this article and similarly, the firing of a gun or use of other
deadly weapons in the necessary enforcement of the law,
whether by a police officer or a private individual, is also
excepted from the prohibitions contained herein. (Ord. No.
96, § 7, 7-25-66)
990
~
_ I
I
OFFENSES § 17-43
Sec. 17-43. Permits.
The city council may promulgate regulations for the
suitable protection of peraons and property and, subject to
such regulations, the council may isaue special permits to
duly-organized clubs and their members for shooting or the
use of air rifles or bow and arrows on lands owned or leased
by such clubs. Such permita shall be isaued by the
clerk-administrator upon direction of the council, shall be in
writing, and shall be valid only when in the possession of
the person to whom isaued. (Ord. No. 96, § 8, 7-25-66)
I
[The nezt page ia 10411
991
`
Chapter 18
PEDDLERS*
Art. I. In General, §118-1-18-17
Art. II. Reserved, f$ 18-18-18-30
ARTICLE I. IN GENEftALt
Sec. 18-1. Uninvited peddling and solicitation a nuisance.
The practice of going in or upon private residences by solici-
tors, peddlers, hawkers, itinerant merchants or transient ven-
dors of inerchandise-not having been requested or invited to do
so by the owner(s) or occupant(s) of such private residences-for
the purpose of soliciting orders for the sale of goods, wares and
merchandise and/or disposing of, peddling or hawking the same,
is hereby declared to be a nuisance and punishable as a misde-
meanor. (Ord. No. 238, § 2, 8-12-85)
Secs. 18-2-18-17. Reserved.
~
AftTICLE II. RESERVED. ~
3ecs. 18-18-18-30. Reserved. .
Note-See the editor's note at Article I, In General.
i
'Cross reference-Licenees, Ch. 13.
3tate law references-Peddlere, traneient merchanta, M.S.A. Ch. 329;
authority to regulate traneient dealers, M.S.A. § 412.221(19).
tEditor'$ note-Ord. No. 238, § 1, adopted Aug. 12, 1985, amended the
Code by repealing Art. I, 18-1-18-6, comprising general regulations for
, peddlers, and Art. II, 18-18-18-30, pertaining to peddler permits, both of said
articlea deriving from the original codification and Ord. No. 121, 1-3, adopted
Oct. 13, 1969. Section 2 of Ord. No. 238 enacted a new § 18-1 to read as herein set
out.
Supp. No. 12 1041 [The next page is 10971
I
0 Chapter 19
I PERSONNEL POLICY FOR CITY EMPLOYEES*
I Sec. 19•1. Purpose.
(a) It shall be the purpose of this chapter to establish a uniform
and equitable system of municipal personnel administration for
' all employees of the city.
(b) Any term and condition of employment shall remain solely
~ within the discretion of the city to modify, establish or eliminate.
This chapter does not constitute and shall not be construed as an
employment contract between the city and any employee covered
herein. The city retains the full and unrestricted right to operate
and manage all manpower, facilities and equipment; to establish
functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organi-
zational structure; to select, direct and determine the number of
personnel; to establish work schedules and to perform any in-
herent managerial function not specifically referred to in this
chapter.
The personnel policies contained in the personnel chapter are
' subject to the laws of the United States, the State of Minnesota
and the city ordinances. In the event that any provision of this
chapter shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has
been taken within the time provided, such provisions shall be
*Editor's note-Ord. No. 275, adopted Jan. 2, 1991, amended former Ch. 19,
Arts. I-III, Divs. 1-3, in its entirety to read as herein set out in 19-1-19-27.
Former Ch. 19 pertained to similar subject matter and derived from the following
legislation:
Ord. No. Date Ord. No. Date '
83 2•22-65 207 4- 9-79
110 12- 9-68 209 9-24-79
I 177 2-25-74 219 6- 8-81
180 10-28-74 242 9- 9-86 I,
187 5-12-75 257 4-25-88 ,
Cross reference-Administration, Ch.2. '
State law referenee-Personnel, MSA Ch. 418. ,
Supp. No. 21 I
1097
I
§ 19-1 ARDEN HILLS CODE
voided. All other personnel policies contained herein shall con-
tinue in full force and effect. (Ord. No. 275, 1-2-91)
Sec. 19-2. Application.
(a) The provisions of this chapter shall apply to all employees
of the city except the following:
(1) All elected officials.
(2) Temporary employees and parttime employees other than
regular parttime employees.
' (3) Consultants and others rendering professional services on
a fee basis.
(4) Volunteer personnel and personnel appointed to serve
without pay, including members of boards and commis-
sions.
(5) Emergency appointees serving with or without pay.
(b) In the event that strict compliance with the provisions of
this personnel chapter might produce practical difficulties or un-
usual hardships, the city council shall have the power to vary any
such provision(s) in light of the purpose and intent of this chapter
and to the extent consistent with governing law in order that the
interests of justice and fairness may be served. (Ord. No. 275,
1-2-91)
Sec. 19•3. Equal employment opportunity and sexual ha-
rassment policy.
(a) Equal employraent opportunity. It is the policy of the city to
provide equal employment opportunity to all persons. All employ-
ment policies and practices shall be nondiscriminatory in compli-
ance with federal laws, state statutes and local ordinances. No
individual shall, on the basis of race, color, creed, religious or
political affiliation or belief; national origin, sex, age (Minnesota
legal age to age seventy (70)), marital status, disability or status
with regard to public assistance, be excluded from employment or
be subjected to discrimination regazding any and all terms and
conditions of employment by the city.
Supp. No. 21
1098
PERSONNEL POLICY FOR CITY EMPLOYEES § 19-4
(b) Sexual harassment policy. It is the policy of the city to pro-
hibit sexual harassment. Action of an employee during working
hours or on city premises or otherwise in the course of employ-
ment which tends to humiliate, demean, intimidate, degrade or
harass another employee with reference to or because of that
employee's sex is prohibited and will not be tolerated. Verified
• evidence of such conduct will lead to disciplinary action which
may include suspension or discharge. Such infractions will be
considered significant elements of job performance for purposes of
consideration for salary action, job assignment and promotion.
Any employee who experiences sexual harassment is urged to
report such treatment immediately to their supervisor or to the
clerk administrator. (Ord. No. 275, 1-2-91)
Sec. 19•4. Definitions.
For the purposes of this chapter, the terms, used herein are
I defined as follows:
Anniversary date: The month and day of initial hiring or pro-
motion of an employee.
' Benefits: Indirect compensation and any privileges granted to
employees, including: Vacation leave, sick leave, holiday leave,
funeral leave, military leave, group insurance and any other ben-
efits approved by the council.
Class: A position or group of positions similar in respect to their
duties and responsibilities so that the same title can reasonably
be used for the position, and the same salary schedule may be
applied to the position.
Demotion: The placement of an employee in a position having a ~
lower pay and/or less responsibility than the position previously
held.
Fiscal year: January 1 through December 31, inclusive.
Grievance: A dispute or disagreement regarding the interpre- ,
tation or application of this chapter.
Immediate family: The spouse, parents, children, brothers and
sisters of an employee and parents of the spouse of an employee.
Supp. No. 21 1099
(
~
§ 19-4 ARDEN HILLS CODE
Layoff.• The temporary dismissal from employment of an em-
ployee for an unspecified length of time. During a period of layoff,
employees do not accrue benefits and are not credited with ser-
vice.
Municipal service: Employment with the city.
Parttime employee: Any person who is engaged in parttime,
seasonal or casual employment working less than twenty (20)
hours per week. No benefits shall be accrued.
Position: Employment calling for the performance of specified
tasks which constitute the total work assignment of a single em-
ployee. There are as many positions as there are employees.
Probationary period: The period of six (6) months after original
appointment of any regular fulltime or regular parttime em-
ployee. This period is a trial period considered as an integral part
of the examination process during which an employee is required
to demonstrate fitness for the position and ability to meet re-
quired performance standards of a position.
Probationary employee: One who has been assigned to a regular
fulltime or regular parttime position but who has not completed
the probationary period.
Promotion: The placement of an employee in a position having
a higher pay range and/or more responsibility than the position
previously held.
Regular emplayee: An employee who has completed the re-
quired probationary period and who serves in a position which is
provided in the budget on a regular basis.
Regular fulltime employee: A regular employee who has suc-
cessfully completed the required probationary period and is sched-
uled for that number of hours which make up the regularly sched-
' uled weekly or monthly period of service in the class.
Regular parttime employee: A regular employee who has suc-
cessfully completed the required probationary period and is em-
ployed on a schedule of twenty (20) or more hours per week but
less than forty (40) hours per week. Benefits will accrue on a I
prorated basis.
Supp. No. 21
1100
PERSONNEL POLICY FOR CITY EMPLOYEES § 19-5
Seruice Credit: The specified period of time required for an em-
ployee to be eligible for benefits.
Termination: The separation of an employee from the munic-
ipal service as a result of discharge, resignation, retirement or
death.
• Transfer: The placement of an employee in a different position
within the same class as the position previously held. A transfer
does not result in a change in pay range. (Ord. No. 275, 1-2-91)
Sec. 19-5. Appointments.
All appointments in the municipal service shall be made ac-
cording to job-relevant qualifications, merit and fitness as deter-
mined by the city council or clerk administrator. Appointments to
municipal service shall be made by the city council. If the council
desires, it may request the recommendations of the clerk admin-
istrator or department head. '
0 (1) By examination. When required by law, by the city council
or clerk administrator, job-relevant qualifications, merit
and fitness may be ascertained by administering job-
relevant written, oral, physical, psychological, medical or
examinations which will determine the relative
other
ability of the candidate to discharge efficiently all duties of
the position for which such examinations are held.
(2) Without examination. In case of appointment to positions
for which examinations are not required, the city council or
clerk administrator may appoint any person who appears
to meet the job-relevant requirements listed in the class
specifications and who is found to be qualified to perform
all duties of the position.
(3) Relationship to other city personnel. Whenever possible with
due regard for job-relevant qualifications, merit and fit-
ness, the city council or clerk administrator shall avoid the
appointment of any person within the immediate family of
elected or appointed officers or employees of the city. In the
event that a member of the family is appointed to a posi-
tion, the appointment shall not be made within the same
department in which an immediate family member works.
Supp. No. 21 1101
§ 19-5 ARDEN HILLS CODE
This provision does not apply to marital status as protected
under the Minnesota Human Rights Act. Employment of
the spouse of ari elected or appointed off"icer or employee is
not prohibited; however, appointment or assignment of an
employee's spouse in the same department in which the
employee works is prohibited.
(4) Status of employment. Appointment to a position in the
municipal service shall not be construed to be a property
right of the employee. All employees whose positions are
covered by this chapter are appointed by and serve at the
sole discretion of the city council.
' (5) Promotion from within. It shall be the policy of the city to
fill vacancies by promotion of current employees from within
where practicable. This policy shall not be construed to
preclude the city from external recruitment and/or selec-
tion of applicants outside the municipal service nor as a
waiver of job-relevant qualifications for a position nor as a
guarantee of promotion from within to any and/or all po-
' sitions for which job openings occur. All job openings shall
be filled based on consideration of job-relevant qualifica-
tions, merit and fitness. Job openings shall be posted in the
city hall for five (5) workdays prior to the filling of such
, vacancies. If a position is filled from within, length of ser-
vice in relevant job classification(s) shall be the deter-
mining factor only when job-relevant qualifications of em-
ployees being considered are equal.
(6) False information. Any applicant or employee giving false'
or misleading information on an application form, cheating
on an examination or falsifying a statement, certificate or
evaluation shall not be considered for employment or shall
be subject to immediate dismissal. Fraud or attempts to
commit fraud which would preclude the city from impar-
tially executing the provisions of this chapter shall be cause
for the city to refuse to appoint an applicant or to dismiss
an employee. I
(7) Bribery. No person seeking employment or promotion shall
either directly or indirectly, attempt to influence the clerk
Supp. No. 21
1102
'
I PERSONNEL POLICY FOR CITY EMPLOYEES § 19-6
administrator or city council in any way with money, ser-
vices or other renumeration. (Ord. No. 275, 1-2-91)
Sec. 19•6. Probationary period.
(a) Purpose. The probationary period shall be regarded as an
' integral part of the examination process and shall be utilized for
closely observing the employee's work, for securing the most ef-
fective adjustment of the employee to the position and for re-
jecting any employees whose performance does not meet all re-
quired work standards. At any time during the probationary period
I of an employee, the clerk administrator or employee's depart-
ment head may recommend to the city council that an employee
be transferred or dismissed if their position is discontinued or if
their performance does not meet the required standards.
(b) Application. Original and promotional appointments for all
positions shall be probationary and subject to a probationary pe-
riod of six (6) months service after appointment.
(c) Reuiew. At least three (3) week prior to completion of the
probationary period, the clerk administrator or department head
shall review the performance of a probationary employee and
make a recommendation to the city council. The matter shall be
placed on the council agenda for the negt regular meeting at
which time to council shall consider the recommendation and
make a determination as to whether the employee shall be con-
tinued as a regular fulltime or regular parttime employee or be
terminated. If the employee is not to be continued beyond the end
of the probationary period, the employee shall be so notified be-
fore the end of such period.
(d) Credit for benefits during probationccry period. During the
probationary period, an employee will receive paid holidays. Upon
successful completion of a probationary period, an employee's ser-
vice credit for the purpose of computing benefits hereunder shall
be determined from the commencement of his probationary em- ,
ployment. After six (6) months (one hundred eighty (180) days) of
continuous service, a newly hired probationary employee will be
entitled to use sick leave accrued from the date of employment.
Newly appointed employees will accrue vacation leave during the
probationary period andj will be eligible to use accrued vacation
Supp. No. 21
1103
§ 19-6 ARDEN HILLS CODE
leave after six (6) months of continuous service. This provision
does not apply to employees serving a probationary period fol-
lowing promotion. Group insurance benefits shall atart in accor-
dance with any waiting perioda designated by the group insur-
ance carrier. (Ord. No. 275, 1-2-91)
Sec. 19-7. Position classification plan.
(a) Establishment. The council shall establish and maintain a
position classification plan for all positions covered by the.provi-
sions of this chapter. All positions shall be grouped in classes
having a definite range of difficulty and responsibility. For each
class of position, there shall be: A class title description of the
duties of positions within a class; a written nature of the work
and the relative responsibility of the positions in the class, exam-
ples of work which are illustrative of duties of positions allocated
to the class, requirements as to knowledge, ability and skills nec-
essary for performance of the work and a statement of job-relevant
qualifications necessary for recruitment into the class. Minimum
job-relevant requirements may be added for any position.
(b) Allocation. When a new position is created for which no
appropriate class exists or when the duties of an existing position
are sufficiently changed so that no appropriate class exists, the
clerk administrator shall create a new class and shall cause an
appropriate class specification to be submitted to the council for
approval.
I (c) Plan reuiew. As often as is necessary to assure continued
correct classification, the position classification plan shall be re-
viewed by the clerk administrator, and necessary adjustments
shall be made subject to council approval.
(d) Filing of plan. The position classification plan shall be filed
by the clerk administrator. The plan so filed and subsequently
adjusted shall have the same effect as though it were a part of this
chapter. (Ord. No. 275, 1-2-91)
Sec. 19-8. Compensation plan.
There shall be established a compensation plan for all positions
subject ta this chapter. ~
(1) Establishment. The calendar year of pay for each position
shall be established on an annual basis by resolution of the
Supp. No. 21
1104
i
PERSONNEL POLICF FQR CITY EMPLOYEES § 19-8
council following adoption of the annual budget. The com-
pensation plan shall be filed with the clerk administrator
and shall have the same effect as though it were a part of
this chapter. Such resolutions shall state the starting salary
and the maximum salary for each position classification.
i (2) Salary range. Any salary range established for a class shall
represent the total direct remuneration for fulltime em-
ployment in the class but shall not be considered as reim-
bursement for official travel pr other expenses which may
be allowed for conduct of oMcial business. No employee
shall receive pay from the municipality in addition to the
salary authorized for any position to which the employee
has been appointed. This shall not prevent employees from
working in more than one (1) position when authorized by
the city council or clerk administrator.
(3) Overtime pay. Overtime work is work in addition to the
established sehedule for hours of work and shall only be
performed with the apgroval of the employee's supervisor
or the clerk administrator. Employees shall be paid at one
and one-half (11/z) tirnes their basic hourly rate of compen-
I sation for all hours worked in excess of established sched-
ules in accordance with the provisions of the Fair Labor
Standards Act.
(4) Travel expenses. An employee shall be reimbursed for trav-
eling expenses incurred when traveling on city business
only upon approval of such expenses by the city council. In
order to receive such reimbursement, the employee shall
fill out the appropriate claim form and submit it to the
clerk administrator with all reasonable promptness after
completion of the travel.
(5) Workday/week. The normal workday for regular city em- I
ployees shall be eight (8) hours. The work hours shall be
established by the clerk administrator with the consent of
the city council.
~ a. The normal workweek for regular city employees shall
be five (5) days, Monday through Friday. The normal
workweek shall consist of forty (40) hours.
Supp. No. 21
1105
~
§ 19-8 ARDEN HILLS CODE
b. Employees shall be granted a rest break not to exceed
fifteen (15) minutes away from job duties on two (2)
separate occasions during each work shift and one-half
(1/2) hour unpaid lunch break.
' (6) Hourly and daily rates. The appointing authority may au-
thorize the payment of hourly rates of pay for classes of
positions when conditions of employment warrant such ac-
tion. Such hourly rate shall be determined by dividing the
annual salary by the actual number of work hours in the
calendar year. (Ord. No. 275, 1-2-91)
Sec. 19-9. Conflict of interest.
It is expected that every employee shall exercise good judgment
in avoiding involvement with conflicting outside business inter-
ests or the business interests of coworkers or subordinates such
that these interests conflict with the conduct of city business.
These include but are not limited to the following:
(1) Those in which an employee has afinancial interest in or
receives benefits from a business which they may be able to
favor with city business by reason of their employment
with the city.
(2) Employees and department heads conducting personal busi-
, ness on city time and department heads who knowingly
allow subordinates to conduct personal business on city
time.
(3) Those in which an employee accepts full or parttime work
elsewhere where such activity interferes with their duties
and performance of their job with the city. (Ord. No. 275,
' 1-2-91)
Sec. 19•10. Performance evaluation.
(a) There shall be a minimum of one (1) written performance '
review on an annual basis for all regular fulltime, regular part-
time and probationary employees. The evaluation will include a
review of the employee's major responsibilities, an appraisal of
the employee's job performance, identification of any problem azeas
Supp. No. 21
1106
PERSONNEL POLICY FOR CITY EMPLOYEES § 19-11
' and an action plan for correction or improvement, including the
establishment of future performance objectives.
(b) A personal interview between the immediate supervisor and
the employee shall be conducted by the supervisor within a rea-
sonable time period after receipt by the employee of the supervi- '
sor's written evaluation. A copy of the written evaluation for each
regular and probationary employee shall be submitted to the clerk
administrator for review and shall be filed in each employee's _
personnel file. An overall evaluation of satisfactory performance
will be required prior to the granting of any salary increase. (Ord.
No. 275, 1-2-91)
I Sec. 19-11. Service credit.
(a) Service credit is credit given a city employee for employ-
ment by the city as a regular fulltime or regular parttime em-
ployee commencing with the date of original employment. This
includes a probationary period, if any, before employment.
(b) Employees must earn six (6) months' (one hundred eighty
(180) days) service credit before they are eligible for any benefits
hereunder except holiday pay. Six (6) month's service credit is one
thousand forty (1,040) hours of total employment. No more than
one (1) year's service credit shall be given an employee for each
year of their employment even though more than two thousand
' eighty (2,080) hours are worked during any one (1) year. A tem-
porary employee transferred to a regular position will be given
service credit for continuous service prior to such transfer.
(c) A regular parttime employee will receive service credit by
converting their parttime employment to equivalent adjusted full-
time service. In the event such employee has been employed for a
full year from the anniversary date marking the commencement
of their employment, their service credit shall be based on such
full year.
I (d) Temporary employees shall not be entitled to paid holidays,
vacations, sick leave or group insurance coverage.
(e) Regular parttime employees shall be entitled to paid holi-
days, sick leave and vacations computed by converting their part-
I time employment to eqnivalent adjusted fulltime service. Reg-
Supp. No. 21
1107
§ 19-11 ARDEN HILLS CODE
ular parttime employees shall not be entitled to group insurance
coverage. (Ord. No. 275, 1-2-91)
Sec. 19-12. Vacations.
(a) Application. Vacation leave is intended as a period of rest
and relaxation and may not be waived by an employee for the
purpose of receiving double pay. No regular employee shall carry
over into the next calendar year any more accrued vacation leave
benefits than forty (40) hours in excess of the total hours the
employee has actually accrued during that year.
(b) Approval. Vacations will be subject to the prior approval of
the clerk administrator. An employee having the most contin-
uous service will be given preference in the choice of vacation
time. All vacations must be arranged at least ten (10) days in
advance. If, during vacation leave, an employee becomes ill and is
confined to a hospital or to bedrest, sick leave benefits may be
' used. The clerk administrator may require that such illness be
verified by medical certification before aPProving the payment of
sick leave benefits.
(c) Probationary period. Newly appointed employees will ac-
crue vacation during the probationary period and will be eligible
to use accrued vacation after the completion of six (6) months (one
hundred eighty (180) days) of continuous service. This provision
does not apply to employees serving a probationaxy period fol-
lowing promotion.
(d) Separation. An employee who leaves the municipal service
after a minimum of one (1) complete year of continuous service
shall be compensated for vacation accrued to the date of separa-
tion.
(e) Vacation accrual. Commencing with the date on which an
employee first became employed by the city and continuing
through the fifth year of their employment, a regular fulltime
employee shall accrue paid vacation leave benef"its at the rate of
three and five-tenths (3.5) hours for each biweekly pay period
they have been an employee of the city; provided, however, no
probationary employee shall be entitled to avail themself of such
benefits. Temporary employees are not eligible for vacation leave.
(1) Commencing with the sixth year of employment and con-
tinuing through the eleventh year, a regular employee shall
Supp. No. 21
1108
I
PERSONNEL POLICY FOR CITY EMPLOYEES § 19-13
accrue paid vacation leave benefits at the rate of f"ive (5.0)
hours for each biweekly pay period they have been em-
ployed by the city.
(2) Commencing in the twelfth year and continuing through
the thirteenth year, a regular employee shall accrue paid
vacation leave benefits at the rate of five and five-tenths
~ (5.5) hours for each biweekly pay period they have been
employed by the city.
(3) Commencing in the fourteenth year and wntinuing through
the fifteenth year, a regular employee shall accrue paid
vacation leave benefits at the rate of six (6.0) hours for each
biweekly pay period they have been employed by the city.
(4) Commencing in the sixteenth year and continuing through
the nineteenth year, a regular employee shall accrue paid
vacation leave benefits at the rate of six and five-tenths
(6.5) hours for each biweekly pay period they have been
employed.
(5) Commencing in the twentieth year of employment and
thereafter, a regular employee shall accrue paid vacation
Ieave benefits at the rate of seven (7.0) hours for each bi-
weekly period they have been employed by the city.
When an official holiday as provided herein falls on the working
day during an employee's vacation, the day of the holiday will not
be counted as a day of vacation. Similarly, official holidays as
provided herein falling on Saturday or Sunday, when they have
the effect of converting a Friday or Monday to a holiday, shall not
be counted as a day of vacation. (Ord. No. 275, 1-2-91)
Sec. 19-13. Sick leave.
(a) Purpose. Paid sick leave may be granted by the city when
an employee is unable to perform work duties due to: Illness,
disability, including temporary disability due to pregnancy and
childbirth, legal quarantine, serious illness of a spouse, child,
parent or legal guardian residing in the same household as the
employee; the necessity of obtaining medical or dental care or
I other emergencies. Paid sick leave shall not be granted unless it
has been requested by an employee for the purposes previously
Supp. No. 21 1109
I
§ 19-13 ARDEN HILLS CODE
stated, previously earned by the employee in accordance with the
accrual schedule and approved by the employee's immediate su-
pervisor.
(b) Eligibility. The supervisor or administrator shall determine
whether an employee is eligible for benefits under the sick leave
plan and in connection with such determination may determine
in their discretion whether an employee's absence from work is
actually due to illness or injury. In the event the supervisor deems
it proper to make an inquiry into an employee's absence, the
employee shall cooperate in authorizing the supervisor or admin-
istrator to obtain any necessary medical or hospital records.
' Claiming sick leave for reasons other than those stated shall be
, cause for disciplinary action or discharge.
(c) Accrua.l. Sick leave shall be earned by all regular fulltime
employees at the rate of eight (8) hours per month or twelve (12)
days per year. Temporary employees are not eligible for sick leave.
Employees using earned vacation leave or paid sick leave shall be
considered to be working for the purpose of accumulating addi-
tional vacation or sick leave.
(d) Accumulation. Sick leave may be accumulated to a max-
imum of one hundred (100) days. Probationary employees who are
new hires may not use sick leave until satisfactory completion of
six (6) months (one hundred eighty (180) days) of continuous ser-
vice. Probationary employees who have been promoted may use
sick leave; however, if sick leave used exceeds a total of five (5)
days, the probationary period shall automatically be extended by
the same number of days as sick leave days used. When accumu-
lated sick leave reaches the maximum, the employee will con-
tinue to be credited with one (1) day per month banked sick leave
which may be used after depletion of their accumulated sick leave
to protect the employee in the event of a lengthy illness or acci-
dent. (Ord. No. 275, 1-2-91)
Sec. 19•14. Emergency and funeral leaves of absence.
(a) In the case of the absence of an employee due to a serious
emergency, including a serious illness of a member of such em-
ployee's immediate family but excluding the death of a member of
such immediate family, the clerk administrator in their discre-
Supp. No. 21
1110
I PERSONNEL POLICY FOR CITY EMPLOYEES § 19-15
tion may authorize use of sick leave bene~ts up to a maximum of
i three (3) days for each emergency within the limits to which the
employee is entitled by their service credit.
(b) In the case of the death of a member of an employee's im-
~ mediate family, such employee shall be entitled to three (3) days'
funeral leave with pay, which funeral leave shall not be credited
against such employee's accrued sick leave benefits. (Ord. No.
~ 275, 1-2-91)
Sec. 19•15. Extension of leave.
(a) In order to receive paid sick leave, an employee must report
as soon as practicable to their supervisor or the clerk adminis-
trator the reason for such absence, keep their immediate super-
visor informed on a daily basis if the absence exceeds more than
three (3) workdays' duration and submit a medical certificate
I stating the cause of the employee's absence if required by the
clerk administrator.
(b) An employee who is eligible to receive sick leave and who is
eligible to receive worker's compensation payments shall be
granted accrued sick leave pay only in the amount of the differ-
ence between the employee's regular salary and the worker's com-
pensation payments. An employee cannot receive more than their
normal take-home pay as a result of any city pay supplement to
worker's compensation bene~ts.
(c) The council may in its discretion grant additional sick leave
pay to an employee in the event the council finds that extension
of the normal sick leave allowance is justified becauae of hardship
to the employee. The council shall determine the existence of the
hardship, which deterxnination shall be final. In addition to the
particular hardship, the council shall consider the length of ser-
vice of the employee, and emergency extensions of the sick leave
allowance shall not be granted unless the employee has been in
the employ of the city at least one (1) calendar year whether
I parttime or fulltime. The council shall also determine in the par-
ticular case whether such emergency sick leave as may be granted
shall be charged against later accumulations of sick leave by the
I employee. (Ord. No. 275, 1-2-91)
Supp. No. 21 1111
I
I ~
§ 19-16 AR.DEN HILLS CODE }
Sec. 19•16. Military leave.
(a) Military leaves of absence and reemployment rights of em-
ployees returning from active service with the armed forces shall
be subject to applicable federal and state legislation.
(b) Upon return from a military leave of absence, a regular
employee shall be reinstated to the employee's former position or
to a position of like status and pay provided that the employee is
competent to perform all duties of the position to which assigned.
(c) If the position which the employee formerly held no longer
exists, the employee shall be reinstated to a position of like status
and pay provided that it is practicable ta do so and that the em-
ployee is competent to perform all duties of the position to which
assigned.
(d) Employees eligible to receive military leave compensation
while participating in required training exercises shall be com-
pensated as required by federal and state regulations. (Ord. No.
275, 1-2-91)
Sec. 19•17. Unpaid leave of absence.
(a) Upon consideration of a formal written request by an em-
ployee, leave of absence without pay may be granted at the dis-
cretion of the clerk administrator with approval of the city council
based on consideration of the following factors:
(1) Municipal service needs;
(2) The employee's performance record and length of service;
(3) The reason(s) for the request;
(4) Any other relevant information.
(b) If granted, unpaid leave of absence may not exceed a period
of ninety (90) continuous calendar days. An extension beyond that
period may be granted at the discretion of the clerk adminis-
trator; however,'an unpaid leave of absence shall not exceed one
(l) calendar year except when the employee is in the military
service or has been disabled while performing job duties in the
municipal service. Benefits, including vacation, holidays, sick '
leave or other forms of indirect compensation, shall not accrue
Supp. No. 21
1112
~
I
PERSONNEL POLICY FOR CITY EMPLOYEES § 19-20
during a period of unpaid Ieave of absence. Employees shall not
be credited with service accrual while on unpaid leave of absence.
During the first calendar month or portion thereof during which
an employee began an unpaid leave of absence, the employee may
elect to be covered by group health insurance but will be respon-
sible for paying one hundred (100) per cent of the premium costs.
Any exceptions to this policy will require the approval of the city
council.
(c) Unpaid leave of absence shall require the advance written
approval of the clerk administrator based upon the recommenda-
tion of the employee's department head. (Ord. No. 275, 1-2-91)
Sec. 19-18. Jury duty.
(a) An employee required to serve as a juror or under subpoena
as a witness in court shall be granted leave of absence with pay
while serving such capacity. Such employee shall receive the
amount of the difference between the employee's regular salary
and jury duty pay.or fees received for service. An employee cannot
receive more than the employee's normal take-home pay as a
I result of any city pay supplement to jury duty pay.
(b) If the jury is dismissed prior to the end of the employee's
workday, the employee will report to work if practicable. (Ord.
No. 275, 1-2-91)
Sec. 19-19. Parental leave. '
Parental leave in conjunction with the birth or adoption of a
child shall be in accordance with state statutes. (Ord. No. 275,
1-2-91) '
Sec. 19•20. Holidays.
~ (a) The following eleven (I1) eight-hour days shall be observed ~
as paid holidays for regular fulltime employees and prorated for
regular parttime employees. Temporary employees are not eli-
gible for paid holidays. No holiday pay shall be given any em-
I ployee working less than twenty (20) hours a week. New em-
ployees working at least twenty (20) hours a week shall receive I
Supp. No. 21
1113
§ 19-20 ARDEN HILLS CODE
holiday pay based on the work schedule for which they have been
hired:
(1) New Year's Day, January 1;
(2) Martin Luther King's Birthday, observed the third Monday
in January (hourly employees are not paid for this holiday);
(3) President's Day, the third Monday in February;
(4) Memorial Day, the last Monday in May;
(5) Independence Day, July 4;
(6) Labor Day, the first Monday in September;
(7) Veterans Day, November 11;
(8) Thanksgiving Day, the fourth Thursday in November;
(9) The Friday after Thanksgiving Day;
(10) One-half (1(2) day on Christmas Eve; one-half (1/2) day on
New Year's Eve;
(11) Christmas Day, December 25;
(12) One (1) floating holiday (except probationary employees).
(b) When New Year's Day, Independence Day, Veterans Day or
Christmas Day fall on Sunday, the following Monday shall be a
holiday. When New Year's Day, Independence Day, Veterans Day
or Christmas Day fall on Saturday, the preceding Friday shall be
a holiday. Floating holidays must have prior approval of the em-
ployee's supervisor. (Ord. No. 275, 1-2-91)
Sec. 19-21. Severance pay.
Regular fulltime employees who have completed ten (10) or
more years of continuous service with the city and who are leaving
the city's employment in good standing will receive a percentage
of their unused accumulated sick leave upon retirement or layoff.
This severance pay benefit will be thirty-three and one-third (331/3)
per cent of the employee's unused accumulated sick Ieave to a
maximum benefit of forty (40) days (three hundred twenty (320)
hours) of pay. (Ord. No. 275, 1-2-91)
Supp. No. 21
1114
PERSONNEL POLICY FOR CITY EMPLOYEES § 19•24
Sec. 19•22. Resignation.
(a) An employee leaving the municipal service in good standing
sha11 give fourteen (14) calendar days' advance written notice of
resignation to the employee's immediate supervisor. The em-
ployee shall be compensated for accumulated unused vacation
leave provided that the employee has a minimum of one (1) com-
plete year of continuous service. Failure to give the required ad-
vance notice may be cause for denying future employment in the
municipal service.
(b) Unauthorized absences from work for a period of three (3)
consecutive workdays shall be considered resignation without
proper notice unless extenuating circumstances preclude the em-
ployee from notifying their supervisor. (Ord. No. 275, 1-2-91)
Sec. 19-23. Retirement.
The retirement of city employees shall be in accordance with
federal and state statutes. (Ord. No. 275, 1-2-91)
Sec. 19-24. Grievance procedure. ~
(a) It is the policy of the city to prevent the occurrence of griev- ~
ances insofar as practicable and to provide an orderly, efficient '
and timely procedure for dealing with those which do occur. A i
grievance is defined as a dispute or disagreement regarding the ~
interpretation or application of this chapter, ~
i
(b) The procedure established herein shall be followed by an ~
employee in presenting a grievance to the city. Failure to follow I
the steps within the stated time limits may result in a denial of
the grievance on procedural grounds: ~
Step 1. An employee claiming a violation concerning the in- i~
terpretation or application of this chapter may, within
ten (10) workdays after such alleged violation has oc- j
curred, present the written grievance to the employ- '
ee's immediate supervisor or department head. The
immediate supervisor shall provide a written response
to the grievance within ten (10) workdays of presenta- ~
tion of the grievance by the employee. ,
Supp. Na 21 1115 '
I
J
§ 19-24 AR,DEN HILLS CODE
Step 2. If the grievance is not resolved in Step 1, the employee
may appeal the grievance in writing to the clerk ad-
ministrator or supervisor within ten (10) workdays of
receipt of the department head's written response in
Step 1. Any grievance not appealed in writing to Step
2 by the employee within ten (10) workdays shall be
considered resolved.
If appealed, the written grievance shall be presented
by the employee and discussed with the clerk admin-
istrator. The clerk administrator shall provide a
written response to the grievance within ten (10) work-
days of receipt of the written grievance.
Step 3. If the grievance is not resolved in Step 2, the employee
may appeal the grievance in writing to the city council
within ten (10) workdays of receipt of the clerk admin-
istrator's written response in Step 2. Any grievance
not appealed in writing to Step 3 by the employee
within ten (10) workdays shall be considered resolved.
If appealed, the city council may, at its discretion, es-
tablish a date for the purpose of hearing the employ-
ee's grievance. Following determination by the city
council, a written response shall be provided to the
employee within twenty (20) workdays of receipt of the
written grievance or of the hearing. The written re-
sponse of the city council shall constitute the city's
final response to the employee's grievance.
(Ord. No. 275, 1-2-91)
Sec. 19•25. Layoff and demotion.
(a) An employee may be laid off at the recommendation of the
clerk administrator with the approval of the city council. Job-
relevant qualification factors shall be the primary basis for de-
termining layoffs. Length of continuous service within a given job
classification and total length of continuous service will be con-
sidered when job-relevant qualifications of employees are equal.
The clerk administrator shall give a minimum of fourteen (14)
calendar days' advance written notice to any employee to be laid '
off.
Supp. No. 21
1116
~
PERSONNEL POLICY FOR CITY EMPLOYEES § 19-26
(b) At the recommendation of the clerk administrator and with
the approval of the city council, an employee may be demoted
from one position to another in a lower classification at a lower
level of pay. (Ord. No. 275, 1-2-91)
Sec. 19-26. Discipline for just cause and discharge.
' Discipline and discharge will be for just cause. Evidence of just
cause will provide the basis for all disciplinary action. Cause for
discipline and discharge includes but is not limited to:
(1) Incompetence or inefficiency in performance of duties.
(2) Conviction of a criminal offense.
(3) Violation of any lawful or official work rule, regulation or
city ordinance.
(4) Reporting for work and/or working while under the influ-
ence of alcohol, drugs or other controlled substances.
(5) The use of offensive conduct or Ianguage toward the public,
municipal officers or employees.
(6) Carelessness and/or negligence in handling or control of
municipal property or property entrusted to the employee
by the city.
(7) Inducing or attempting to induce a person, officer or em-
ployee of the city to commit an unlawful act or to act in
violation of any lawful and reasonable official regulation
or order.
(8) Dishonesty in the performance of duties.
(9) Violation of or fraud regarding the provisions of this
chapter.
(10) Failure to report to work, refusal to work as assigned and
directed or other insubordination.
(11) Acceptance of a gift under circumstances from which it
could be inferred that the giver expected or hoped for pre-
ferred or favorable treatment in conduct of city business.
(12) Unapproved use of paid work time and/or equipment in
outside employment or for personal benefit.
Supp. No. 21 1117
§ 19-26 ARDEN HILLS CODE
(13) Claiming paid sick leave for reasons other than those pro-
vided.
(14) Other incidents which constitute cause.
(Ord. No. 275, 1-2-91)
Sec. 19•27. Supervisory authority regarding discipline and
discharge.
(a) Supervisors have the authority to impose oral and written
reprimands without the prior approval of the clerk administrator.
(b) Upon the recommendation of the clerk administrator and
with the approval of the city council, an employee may be sus-
pended without pay to a maximum of thirty (30) continuous work-
days in any given calendar year.
(c) An employee may be demoted or discharged by the city
council. Employees shall be notified in writing of suspension
without pay, demotion or discharge. Such notice shall include the
, cause for such action.
(d) The employee may grieve disciplinary action or discharge
in accordance with the established grievance procedure. Griev-
ances of disciplinary action may be initiated at Step 2 of the
procedure. If the grievance is upheld, the employee shalI receive
all payments, benefits and service accrual which the employee
would have earned during the period of suspension without pay,
demotion or discharge. In case of demotion or discharge, an em-
ployee shall be reinstated to the position formerly held if the
grievance is upheld. (Ord. No. 275, 1-2-91)
Supp. No. 21 1118 [The next page ie 11611
I
Chapter 20
PLANNING AND ZONING*
I Art. I. In General, 20-1-20-15
Art. II. Planning Commission, 20-16-20-29
~ ARTICLE I. IN GENERAL
Secs. 20•1-20•15. Reserved.
~
~ ARTICLE II. PLANNING COMMISSIONt
Sec. 20•16. Appointment.
At the first council meeting of the calendar year, the mayor
shall appoint a planning commission consisting of seven (7) mem-
bers subject approval by a majority vote of the entire council.
(Ord. No. 131, § 2, 5-11-70; Ord. No. 276, 1-2-91)
I
Sec. 20-17. Reserved.
I Editor's note-Former § 20-17 pertained to designation of alternates, was
repealed by Ord. No. 276, adopted Jan. 2, 1991, and originated from Ord, No. 131,
i adopted May 11, 1970.
' Sec. 20•I8. Terms.
' The term of each member of the planning commission shall be
for the calendar year or the balance thereof following the mem-
~ ber's appointment. (Ord. No. 131, § 2, 5-11-70; Ord. No. 276,1-2-91)
*Cross references-Administration, Ch. 2; buildings, Ch. 6; excavations, Ch.
8; fire protection and prevention, Ch. 9; mobile homes, Ch. 14; signs, Ch. 21;
subdivisions, Ch. 22; swimming pools, Ch. 23; utilities, Ch. 28; zoning, App. A.
State law reference-Housing, redevelopment, planning, zoning, M.S.A. Ch.
462.
#Gross reference-Boards and commissions, § 2-72 et seq.
Supp. No. 21
zlsl
I
~
§ 20-19 ARDEN HILLS CODE
Sec. 20-19. Filling vacancies.
Vacancies on the planning commission occurring during the
calendar year shall be filled by the mayor as soon as conveniently
possible with the approval of the majority of the entire city council.
(Ord. No. 131, § 2, 5-11-70) ,
Sec. 20•20. Chairman.
One (1) of the regular rnembers of the planning commission
sha11 be designated by the mayor as chairman. (Ord. No, 131, § 2,
5-11-70)
Sec. 20•21. Other officers.
The members of the planning commission may elect a vice
chairman, a secretary and such other officers as they shall deem
I appropriate. (Ord. No. 95, § III, 6-27-66)
Secs. 20-22, 20-23. Reserved.
Editor's note-Former 20-22 and 20-23 pertained to quorum and partici-
pation by aiternates, respectively, were repealed by Ord. No. 276, adopted Jan. 2,
1991, and originated from Ord. No. 131, adopted May 11, 1970.
I Sea 20•24. Powers and duties.
(a) Generally. The planning commission shall fulfill the func-
~ tions of the city's planning agency and its board of adjustments
and appeals. It shall exercise the duties conferred on it by the city
council and shall have the powers prescribed for such agencies
and boards pursuant to MS 462.351 through 462.364 as amended,
including but not limited to the following:
(1) Comprehensive plan. The planning commission shall pre-
pare the city's comprehensive municipal plan, periodically
review the plan and make recommendations to the city
council regarding the adoption or amendment of the plan.
(2) Public property. The planning commission shall review the
proposed public acquisitions and disposals of real property
and proposed public improvements to real property and
shall advise the city council in writing whether such ac-
quisitions, disposals or improvements are in compliance
Supp. No. 21 I
1162
I
PLANNING AND ZONII+1G § 20-24
with the city's comprehensive plan. Failure of the planning
commission to report on the proposal within forty-five (45)
days after referral by the city council or within such other
reasonable period as may be designated by the city council
shall be deemed to have satisfied this review requirement.
The city council may, by resolution adopted by an affirma,
tive vote of four (4) councilmembers, dispense with this
review requirement if in its judgTnent the city council de-
termines that sucb proposal has no relationship to the city's
comprehensive municipal plan.
(3) Public hearings, The planning commission shall conduct
public hearings as required by state law or the provisions
of the city Municipal Code.
(4) Appeals frarrz administrextiae decisions. The planning com-
mission shall hear and decide appeals where it is alleged
that there is an error in any order, requirement, decision or
determination made by an administrative officer in the
enforcement of the city's offycial controls.
(5) Variances. The planning commission shall hear requests
for variances pursuant to the requirements containecl in
the city's official controls.
(6) Building permits. When a building permit for the construc-
tion of a building is not issued because the building is to be
constructed within the limits of a mapped street, outside of
any building Iines that may have been established upon an
existing street or within an area identified for public pur-
poses on an official map adopted by the city, the planning
commission, upon appeal filed with it by the affected prop-
erty owner, may authorize the issuance of a building permit
for said building in such location in any case in which the
planning commission finds that:
a. The entire property of the appellant, part of which is
included within or is located outside of one (1) or more
of the above-described areas, cannot yield a reasonable
return to the appellant unless the building permit is
granted; and
b. Justice and equity require the issuance of the building
permit when the city's interest in preserving the in-
Supp. No. 21 1163
§ 20•24 ARDEN HILLS CODE
tegrity of its official map and comprehensive plan is
balanced against the appellant's interest in the use
and enjoyment of the property.
If the planning commission authorizes the issuance of a
building permit as herein provided, the city shall have sux
(6) months from the date of the decision of the planning
commission to institute proceedings to acquire such land or
interest therein. If no such proceedings are started within
that time, the building permit shall be issued in accor-
dance with the applicable city regulations if the applica-
tion for said permit otherwise conforms to city regulations.
(b) Recommendations. The recommendations and findings of
the planning commission, except as provided in subsection (a)(6),
shall be advisory to the city council which may take such action
thereon as it deems proper. (Ord. No. 95, § II, 6-27-66; Ord. No.
276, 1-2-91)
Sec. 20•25. Rules of procedure.
The planning commission shall prescribe its own rules of pro-
cedure to the extent permissible under statute and to the extent
that such rules are consistent with this Code. (Ord. No. 95, § III,
6-27-66)
Sec. 20•26. Records.
The planning commission shall provide a written record of its
proceedings, including the minutes of its meetings, findings and
the action taken by the commission on each matter referred to it
or heard by it, including the final recommendation. (Ord. No. 95,
§ III, 6-27-66)
Sec. 20•27. Hearings.
Hearings shall be held by the planning commission in all mat-
ters where public hearings are required by state law, or this Code;
and hearings may be afforded to any interested parties on any .
other matter where the commission deems it appropriate. (Ord.
No. 95, § III, 6-27-66)
Supp. No. 21
1164
I
I PLANNING AND ZONING § 20-29
Sec. 20-28. Reports.
The planning commission shall submit reports directly to the
I city council, which reports shall contain the findings, conclusions
and recommendations of the commission as to action to be taken
by the council. In addition thereto, the commission shall send
I copies of its report on variances of the zoning ordinance to the
board of appeals. (Ord. No. 95, § III, 6-27-66)
Sec. 20•29. Reserved.
~ Editor's note-Former § 20-29 pertained to assumption regarding variances,
was repealed by Ord. No. 276, adopted Jan. 2, 1991, and originated from Ord. No.
95, adopted June 27, 1966.
I
I
I
Supp. No. 21 1165 [The next page is 11851
I
~
Chapter 20.5
SHORELANDS MANAGEMENT*
Art. I. 1itle, Purpose and Statutory Authorization, 20.5-1-20.6-10
Art. II. General Provieions, H 20.5-11-20.5-20
Art. III. ftules and Definitions, 20.5-21-20.5-26
t1rt. IV. 3horeland Management Diatricts, H 20.5-28-20.640
Art. V. District Provisions, §¢20.541-20.5-66
Art. VI. Administration, g§ 20.6-66-20.545
Art. VII. Enforcement, 4 20.6-66
ARTICLE I. TITLE, PURPOSE AND STATUTORY
AUTHORIZATION
Sec. 20.5-1. Title.
This chapter shall be known, cited as and referred to as the
"Arden Hills Shoreland Management Ordinance" or the "Shoreland
Management Ordinance" except as referred to herein where it
shall be known as "this chapter". (Ord. No. 237, § 1.A, 9-30-85)
Sec. 20.5-2. Purposes and intents.
The uncontrolled use of shorelands of the City of Arden Hills
affects the public health, safety and general welfare not only by
contributing to pollution of public waters, but also by impairing
the local tax base. Therefore, it is in the best interests of the
public health, safety and welfare to provide for the wise devel-
opment of shorelands of public waters. The Legislature of Minne-
sota has delegated responsibility to the municipalities of the
state to regulate the subdivision, use and development of the
•Editor's note-Ord. No. 237, 1-7, adopted Sept. 30, 1985, did not apecifi-
cally amend the Code; hence, the provisions of said Ord. No. 237 have been
, included herein aa Ch. 20.5, 20.5-1-20.5-3, 20.5-11-20.5-14, 20.5-21, 20.5-22,
20.5-26-20.5-34, 20.5-41-20.5-50, 20.5-56-20.5-58, and 20.6-66. At the editor's dis-
cretion, oertain minor, nonsubstantive changes have been made in order to pxeserve
Code format.
Croes references-Buildings, Ch. 6; excavations, Ch. 8; floodplain manage-
ment, Ch. 9.5; lakes, Ch. 12; planning and zoning, Ch. 20; subdivisions, Ch. 22;
treea and vegetation, Ch. 27; utilities, Ch. 28; zoning ordinance, App. A.
Supp. No. 12 1185
$ 20.5-2 AR.DEN HILLS CODE
shorelands of public waters and thus preserve and enhance the
quality of surface waters, preserve the economic and natural
environmental values of shorelands, and provide for the wise
utilization of waters and related land resources. This responsibil-
ity is hereby recognized by the City of Arden Hills. (Ord. No. 237,
§ 1.B, 9-30-85)
Sec. 20.5-3. Statutory suthorization.
This chapter is adopted pursuant to the authorization contained
in the Laws of Minnesota 1973, Chapter 379, and in furtherance
of the policies declared in Minnesota Statutes 1976, Chapters
105, 115, 116 and 462. (Ord. No. 237, § 1.C, 9-30-85)
Secs. 20.5-4-20.5-10. Reserved.
AftTICLE II. GENERAL PROVISIONS
Sec. 20.5-11. Interpretation.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be
liberally construed in favor of the city, and its city council, and
shall not be deemed a limitation or repeal of any other powers
granted by state statutes. (Ord. No. 237, § 6.A, 9-30-85)
Sec. 20.5-12. Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However,
where this chapter imposes greater restrictions, the provisions of
' this chapter shall prevail. (Ord. No. 237, § 6.B, 9-30-85)
Sec. 20.5-13. Repeal of inconsistent ordinances.
All other ordinances inconsistent with this chapter are hereby
repealed to the extent of the inconsistency only. (Ord. No. 237, §
6.C, 9-30-85) i
Supp. No. 12 1186
SHOREI,ANp9 MP?NAGENIZNT § 20.5-22
Sec. 20.5-14. Severability,
If any section, clause, provision or portipn of this chapter is
adjudged unconstitutional or invalid lay a. court of competent
jurisdiction, the remainder of this chagter shall nat be affected
thereby. (Ord. No. 237, § 6.D, 9-80-85)
Secs. 20.5-15-24.5-20. Reserved.
ARTICLE I11. RULES AND DEFINITIQNS
Sec. 20.5-21. ftules of construction.
For the purpose of this chapter, certain terins or words used
hgrein shall be interpreted as follows:
(1) The singular num ber includes the plural and the plural
includes the singular.
(2) The present tense includes the past, and future tenses and
the future includes the present.
(3) The word "shall" is mandatory vvhile the word "may" is
permissive.
(4) The masculine gendex includes thQ feminine and neuter.
(5) All distances, unless otherwise speeiflied, shfill be measured
horizontally. (Ord. No. 237, § 2.A, 9-30-85)
Sec. 20.5-22. Definitions.
[Unless specifically defined below, words anci
r,aees used in
ph
this chapter shall be interpreted so as to giYo, them the same
, meanings as they have in common usage aild tao as to give this
chapter its most reasonable application:]
I (1) BaathAUSe. A structure used solely for t,he atorage Qf boats
or boating equipment.
(2) Building line. That Iine measured across the width of the
I lot at the point where the PrinciPal structure is Placed in
accordance with setback provisions fram the ordinary high
I water mark.
Supp. No. 12 1187
~ 20.5-22 AR.DEN HILLS CODE
(3) Clear-cutting. The removal of an entire stand of trees.
(4) Special use. A use which, because of unique characteris-
tics, cannot be classif'ied as a permitted use in a shoreland
management district, and which, after due consideration
by the planning commission and council, pursuant to the
applicable procedures contained in Section VII of Appen-
dix A(Zoning) of the Arden Hills Code, may nevertheless
be allowed on a site by special use permit granted by the
council.
(5) Lot (of record). A parcel of land described by metes and
bounds measurements, reference to a registered land sur-
vey or plat, or other means, and separated from other
parcels or portions by said description, as of the effective
date of this chapter or approved by the city as a lot subse-
quent to such date, and which is occupied by or, under this
chapter and other applicable ordinances is suitable for
occupancy by one principal building, or used together with
any accessory buildings or uses and such open spaces as
are required by this chapter.
(6) Nonconforming use. A building, structure or use of a build-
ing, structure or parcel of land, or a portion thereof, law-
fully existing as of the effective date of the adoption of this
chapter or amendment hereto, as a matter of right or by
permit, which is not permitted in the zoning district in
which it is located.
(7) Ordinary high water rriark. A mark delineating the high-
est water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape. The
ordinary high water mark is commonly that point where
the natural vegetation changes from predominantly aquatic
to predominantly terrestrial.
(8) Planned unit deuelopment. The development of a tract of
land in a unified manner, pursuant to a development plan
specifically approved by the city.
(9) Plcznning :,ommissian. The planning cornmission as created
by the city council by Chapter 20 of the Arden Hills Code.
Supp. No. 12 1188
1
' SHORELANDS MANAGEMENT § 20.5-22
(10) Protected waters. Any waters of the state as defined in
Minnesota Statutes 1980, Section 105.37, Subdivision 14.
However, no lake, pond or flowage of less than ten (10)
acres in size and no river or stream having a total drain-
age area less than two (2) square miles shall be regulated
for the purposes of these regulations.
(11) Setback. The minimum horizontal distance between a struc-
ture and the ordinary high water mark or between a struc-
ture and a road, well, highway, or property lines.
(12) Shoreland. Land located within the following distances
from protected waters:
a. One thousand (1,000) feet from the ordinary high water
mark of a lake, pond, or flowage; and
b. Three hundred (300) feet from a river or stream, or the
landward extent of a floodplain on such rivers or streams,
whichever is greater.
The practical limits of shorelands may be less than the
statutory limits where such limits are designated by natu-
ral drainage divides at lesser distances, as shown on the
off"icial zoning map of the city.
(13) Structure. Any building (including mobile homes) or ap-
purtenance thereto, except aerial or underground utility
lines such as sewer, electric, telephone, telegraph or gas
lines, including towers, poles, and other supporting
appurtenances.
(14) Subdivision. Improved or unimproved land or lands which
are divided for the purpose of ready sale or lease, or di-
vided successively within a five-year period for the purpose
of sale or lease, into three (3) or more lots or parcels of less
than five (5) acres each, contiguous in area and which are
~ under common ownership or control. (15) Substandard use. Any use of or structure situated upon
, shorelands which existed prior to the date of the enact-
ment of this chapter and which is permitted within the
applicable zoning district but does not meet the minimum
lot area or length of water frontage, structure setbacks, or
other dimensional standards of the chapter.
, Supp. No. 12 1189
i
$ 20.5-22 ARDEN HILLS CODE
(16) Variance. Any modification or variation of official controls
were it is determined that, because of hardships, strict
enforcement of the official controls is impractical. (Ord.
No. 237, § 2.B, 9-30-85)
Secs. 20.5-23-20.5-25. Reserved.
AftTICLE IV. SHORELAND MANAGEMENT DISTRICTS
Sec. 20.5-26. Classification of lakes.
In order to guide the wise development and utilization of
shorelands of protected waters for the preservation of water qual-
ity, natural characteristics, economic values and the general health,
safety and welfare, certain protected waters in the city have been
, given a shoreland management classification. These protected
waters of the city have been classified by the commissioner of
natural resources as follows: DNR I.D. No.
(1) General deuelopment lakes:
Josephine 62-57
I Johanna 62-78
Little Johanna 62-58
Karth 62-72
(2) Recreational development lakes:
Round Lake 62-70
(3) Natural environment lakes:
Sunfish 62-65
Valentine 62-71
(Ord. No. 237, § 3.A, 9-30-85)
Sec. 20.5-27. Establishment of shoreland management dis-
tricts; zoning map.
The boundaries of the shoreland management districts are hereby
established as shown on the map entitled "Official Zoning Map of
Arden Hills, Minnesota," which map is properly approved and
filed in the office of the city clerk-administrator. The shoreland
Supp. No. 12 1190
_ I
SHORELANDS MANAGEMENT § 20.5-30
management districts overlay existing zoning districts of the city
also shown on the official zoning map pursuant to Appendix A
(Zoning) of the Arden Hills Code. As indicated in the previous
section hereof, certain portions of the shorelands in the shoreland
management districts are classified "general development lakes,"
others "natural environment lakes" and a third area "recrea-
tional development lakes." Said map and all of the notations,
references and other information shown thereon shall have the
same force and effect as if set forth herein at length. (Ord. No.
237, § 3.B, 9-30-85)
.
Sec. 20.5-28. Applicability.
This chapter shall apply to all lands located within the bound-
aries of the shoreland management districts. (Ord. No. 237, § 3.C,
9-30-85)
Sec. 20.5-29. Boundaries of shoreland management districts.
The boundaries of the shoreland management districts shall be
determined by scaling distances on the official zoning map. Where
interpretation is needed as to the exact location of the boundaries
of a shoreland management district shown on the official zoning
map, for example where there appears to be a conflict between a
mapped boundary and actual field conditions, the city council
shall make the necessary interpretation based upon topographic
elevations and other available tiechnical data. Persons contesting
the location of the shoreland management district boundaries
shall be given a reasonable opportunity to present their case to
the city council and to submit technical evidence. (Ord. No 237, §
3.D, 9-30-85)
Sec. 20.5-30. Permitted uses.
All permitted uses allowed and regulated by the applicable
zoning district underlying the shoreland management districts
as indicated on the official zoning map of the city shall be permit-
ted in a shoreland management district. (Ord. No. 237, § 3.E,
9-30-85)
Supp. No.12 1191
§ 20.5-31 ARDEN HILLS CODE
Sec. 20.5-31. Special uses.
(a) All special uses and applicable attached conditions allowed
and regulated by the applicable zoning district underlying shoreland
management districts as indicated on the official zoning map of
the city shall be specially permitted uses therein.
(b) Although boathouses are permitted in certain zoning dis-
tricts, subject to certain restrictions, in Appendix A(Zoning) of
the Arden Hills Code, the commissioner of natural resources
requires that they be treated as special uses when they are lo-
cated in shoreland management districts. Accordingly, boathouses
located in shoreland management districts shall be subject to the
special use permit procedures contained in Appendix A(Zoning)
of the Arden Hills Code. (Ord. No. 237, § 3.F, 9-30-85)
Cross reference-Special use permits, App. A, § VIII. C. Sec. 20.542. Substandard uses.
(a) Substandard uses or structures within the shoreland man-
agement districts which were in existence prior to the enactment
of this chapter shall be allowed to continue. However, any struc-
tural alteration, addition, or other modification which increases
or extends the substandard conditions shall not be allowed except
as permitted by the variance procedure more particularly de-
scribed in section 20.5-50 hereof.
(b) The expansion, reconstruction, or restoration of a substan-
dard structure shall not be permitted if the cost of such expan-
sion, reconstruction, or restoration exceeds fifty (50) percent of
the fair market value of the existing structure to be modified.
(Ord. No. 237, § 3.G, 9-30-85)
Sec. 20.5-33. Nonconforming uses.
No nonconforming use within the shoreland management dis-
trict shall be expanded or reconstructed except as permitted by
Section X of Appendix A(Zoning) of the Arden Hills Code. (Ord.
No. 237, § 3.H, 9-30-85)
Sec. 20.5-34. Prohibited uses.
Any uses which are not permitted or special uses as regulated
by the applicable zoning district underlying the shoreland man-
Supp. No. 12 1192
1
ii
SHORELANDS MANAGEMENT § 20.541
agement districts as indicated on the official zoning map of the
city shall be prohibited in a shoreland management district. (Ord.
No. 237, § 3.I, 9-30-85)
Secs. 20.5-35-20.540. Reserved.
ARTICLE V. DISTRICT PROVISIONS
Sec. 20.541. District requirements.
The following standards shall apply to all shorelands of the
protected waters listed in section 20.5-26 of this chapter within
the city. Where the requirements of the underlying zoning dis-
trict as shown on the official zoning map are more restrictive
than those set forth herein, then the more restrictive standards
shall apply:
Natural Recreational General
Environment Deuelopment Deuelopment
W¢ters W¢ters Waters
Lot area (sq. ft.):
Riparian lot 40,000 20,000 14,000
Nonriparian lot 14,000 14,000 14,000
(for R-1 District)
11,000
(for R-2, R-3 and
R-4 Districts)
Minimum water fron-
tage and width at
building line (ft.) 125 75 75
Structure minimum
aetback from ardi-
nary high water
mark (ftJ 150 75 75
Structure minimum 40 for R-1, R-2, R-3, and R-4 Districts
setbacks from streets 50 for B-1, B-2, and I-2 Districts
and highways (ft.) 55 for I-1 District
Structura maximum 35 for R-1, &2, R-3, R-4, S-1, B-2 and I-1 Districts
height (ft.) 45 for I-2 District
Supp. No.12 1193
~
.
§ 20.5-41 ARDEN HILLS CODE
Naturat Recreational Geaeral
Enuironment Deuelopment Development
Waters Waters Waters
Maximum lot area 35 for R-1, R-2, R-3 nd R-4 Districts
covered by imper- 65 for I•1, District
vious surface 75 for B-1, B-2, and I-2 Districts
(Ord. No. 237, § 4.A, 9-30-85)
Sec. 20.5-42. Substandard lots.
Lots of record in the office(s) of the Ramsey County Recorder
and/or Registrar of Titles prior to the date of enactment of this
chapter which do not meet the requirements of section 20.5-41
may be allowed as building sites provided:
(1) Such use is permitted in the zoning district;
(2) The lot is in separate ownership from abutting lands; and
(3) All other sanitary and dimensional requirements of this
chapter are complied with insofar as practical. (Ord. No. 237, §
4.B, 9-30-85)
Sec. 20.5-43. Roads and parking areas.
Roads and parking areas shall be located to retard the runoff of
surface waters and nutrients in accordance with the following
criteria:
(1) Where feasible and practical, all roads and parking areas
shall meet the setback requirements established for struc-
tures in section 20.5-41 of this chapter.
(2) In no instance shall these impervious roads or parking
surfaces be placed less than fifty (50) feet from the ordi-
nary high water mark.
(3) Natural vegetation or other natural materials shall be
used to screen parking areas when viewed from the water.
(Ord. No. 237, § 4.C, 9-30-85)
Sec. 20.5-44. IIevation of lowest floor.
(a) Structures shall be placed at an elevation consistent with
the city's floodplain management controls as set forth in Chapter
9.5 of the Arden Hills Code.
Supp. No. 12 1194
SHORELANDS MANAGEMENT 4 20.5-46
(b) In areas not regulated by floodplain management controls,
the elevation to which the lowest floor, including basements,
shall be placed shall be determined as follows: ,
(1) For lakes, ponds, and flowages, by (i) an evaluation of
available flood information and consistent with "Statewide
Standards and Criteria for Management of Flood Plain
Areas of Minnesota," or (ii) placing the lowest floqr at a
level at least three (3) feet above the highest known water
level. In those instances where suff'icient data on known
high water levels are not available, the ordinary high
water mark shall be used.
(2) For streams, by an evaluation of available flood informa-
' tion and consistent with "Statewide Standards and Cri-
teria for Management of Flood Plain Areas of Minnesota."
(Ord. No. 237, § 4.1), 9-30-85)
Sec. 20.5-45. Exceptions to structure setback requirements.
(a) Setback requirements from the ordinary high water mark
shall not apply to boathouses, piers, and docks. Location of piers
and docks shall be controlled by applicable state and local regu-
lations. Boathouses may be allowed as a special use provided
they are not used for habitation and do not contain sanitary
facilities.
(b) On undeveloped shoreland lots that have two (2) adjacent
lots with existing principal structures on both such adjacent lots,
any new residential structure may be set back the average set-
uack of the adjacent structures from the ordinary high water
mark or fifty (50) feet, whichever is greater, provided all other
provisions of the shoreland management districts are complied
with. (Ord. No. 237, § 4.E, 9-30-85)
Sec. 20.5-46. On-site sewage treatment systems.
All permitted uses and special uses within the shoreland man-
agement districts shall be served with public sewer. No private
on-site sewage treatment systems shall be permitted. (Ord. No.
237, § 4.F, 9-30-85)
Supp. No.12
1195
I
$ 20.5-47 ARDEN HILLS CODE
Sec. 20.547. Shoreland alterations.
(a) The removal of natural vegetation shall be restricted to
prevent erosion into protected waters, to consume nutrients in
the soil, and to preserve shoreland aesthetics. Removal of natural
vegetation in the shoreland management districts shall be sub-
ject to the following provisions:
(1) Selective removal of natural vegetation is allowed, pro-
vided that sufficient vegetative cover remains to screen
cars, dwellings and other structures when viewed fxQm the
water.
' (2) C1ear-cuttin of natural ve
g getation is prohibited.
~ (3) Natural vegetation shall be restored insofar as feasible
after any construction project is completed to retard sur-
face runoff and soil erosion.
(b) Gradin and filling in shoreland management distri
g cts or
any alteration of the natural topography where the slope of the
land is toward a protected water or a watercourse leading to a
protected water must be authorized by a permit. If the amaunt of
grading, excavation, or filling is less than four hundred (400)
cubic yards per single parcel or four hundred (400) cubic yards
per acre of land, whichever is greater, an administrative permit
shall be required. If the amount of grading, excavation, or filling
exceeds four hundred (400) cubic yards per acre of land, which-
ever is greater, a special use permit shall be required. Such
permits shall be applied for and apgroved in accord.an.ce with
Article II of Chapter 8(Excavation) and Section VIZ Qf A,p,pendix
A(Zoning) of the Arden Hills Code.
Any such permit may be granted subject to the conditions that:
(1) The smallest amount of bare ground is exposed fox as short
a time as feasible.
(2) Temporary ground cover, such as mulch, is used and per-
manent ground cover, such as sod, is established.
(3) Methods to prevent erosion and trap sediments are employed.
(4) Fill is stabilized to accepted engineering standards, ap-
proved by the city engineer.
Supp. No. 12 \
1196
`
SHOKELANDS MANAGEMENT § 20.549
(c) Any work which will change or diminish the course, cur-
rent or cross section of a protected water or wetland shall be
approved by the commissioner of natural resources, and such
approval shall be construed to mean the issuance by the commis-
sioner of natural resources of a permit under the procedures of
Minnesota Statutes, Section 105.42 and other related statutes.
(Ord. No. 237, § 4.G, 9-30-85)
Sec. 20.5-48. Subdivisions.
No land shall be subdivided which is held unsuitable by the
city for the proposed use because of flooding, inadequate drain-
age, soil and rock formations with severe limitations for develop-
ment, severe erosion'potential, unfavorable topography, inade-
quate water supply or sewer access, or any other feature likely to
be harmful to the health, safety, or welfare of future residents of
the proposed subdivision or of the community. (Ord. No. 237, §
4.H, 9-30-85)
Sec. 20.549. Planned unit developments.
Planned unit developments may be permitted in accordance
with Section VIII.G of Appendix A(Zoning) of the Arden Hills
Code, provided that preliminary plans are approved by the com-
missioner of natural resources prior to their approval by the city,
and further provided that:
(1) Open space is preserved through the use of restrictive deed
covenants, public dedications, or other methods.
(2) The following factors are carefully evaluated to ensure the
increased density of development is consistent with the
resource limitations of the protected water:
a. Suitability of the site for the proposed use;
b. Physical and aesthetic impact of increased density;
c. Level of current development;
d. Amount and ownership of undeveloped shoreland;
e. Levels and types of water surface use and public accesses;
£ Possible effects on over-all public use.
(3) Any commercial, recreational, community, or religious fa-
cility allowed as part of the planned unit development
Supp. No.12 1197
$ 20.5-49 ARDEN HILLS CODE
shall conform to all applicable federal and state regula-
tions including, but not limited to, the following:
a. Licensing provisiona or procedures;
b. Building codes;
c. Safety regulations;
d. Regulations concerning the appropriation and use of
"protected waters" as defined in Minnesota Statutes
1974, Chapter 105;
e. Applicable regulations of the Minnesota Environmen-
tal Quality Board.
(4) The final plan for a planned unit development shall not be
modified, arnended, repealed, or otherwise altered unless
approved in writing by the developer, the municipality,
and the commissioner.
(5) There are centralized shoreline recreation facilities such
as beaches, docks and boat launching facilities. (Ord. No.
237, § 41, 9-30-85)
Sec. 20.5-50. Variances.
Variances to the requirements of this chapter may be granted
in accordance with the provisions of Section VIII.D (Variances) of
Appendix A(Zoning) of the Arden Hills Code and section 20.5-58(a)
of this chapter. (Ord. No. 237, § 44, 9-30-85)
Secs. 20.5-51-20.5-55. Reserved.
ARTICLE VI. ADMINISTRATION
Sec. 20.5-56. Construction projects; developments.
All applications for building permits, special use permits, vari-
ances, and planned unit development permits for projects located
within shoreland management districts shall be subject to, in
addition to the provisions of this chapter, all applicable provi-
I sions of Appendix A(Zoning) of the Arden Hills Code and shall be
administered as described in said Appendix A. (Ord No. 237,1
5.A, 9-30-85)
Supp. No.12 1198 I
r
SHORELANDS MANAGEMENT § 20.5-66
Sec. 20.5-57. Subdivisions.
All applications for preliminary and final plats and minor sub-
divisions located within shoreland management districts shall be
subject to, in addition to the provisions of this chapter, all appli-
cable provisions of Chapter 22 (Subdivisions) of the Arden Hills
Code and shall be administered as described in said Chapter 22.
(Ord. No. 237, § 5.B, 9-30-85)
Sec. 20.5-58. Notification of the commissioner of natural
resources.
(a) A copy of any request for a variance to the provisions of this
chapter or plats which propose any lots which require variances
to the lot area and dimensional requirements of this chapter or
the notice of a public hearing to consider a special use permit or
planned unit development permit shall be sent to the commis-
sioner of natural resources such that notice is received by the
commissioner at least ten (10) days prior to such hearing or
action on such request.
(b) A copy of all amendments to this chapter and final deci-
sions granting variances or special uses within the shoreland
management districts shall be sent to the commissioner of natu-
ral resources within ten (10) days of the amendment or final
action.
(c) Copies of all plats within the shoreland management dis-
tricts shall be submitted to the commissioner of natural resources
within ten (10) days of final approval by the city. (Ord. No. 237, §
5.C, 9-30-85)
Secs. 20.5-58-20.5-65. Reserved.
I
ARTICLE VII. ENFORCEMENT
Sec. 20.5-66. Enforcement; fees; violations and penalties.
The provisions of Section XII of Appendix A(Zoning) of the
I Arden Hills Code are incorporated herein by reference and are
made a part hereof. (Ord. No. 237, § 7, 9-30-85)
i
Supp. No.12 1199 [The next page is 12151
I
~I
I
Chapter 21
SIGNS*
Sec. 21-1. Title.
This chapter shall be known, cited and referred to as the
Arden Hills Sign Ordinance, except as referr,ed to herein,
where it shall be known as "this chapter." (Ord. No. 216, §
1(A), 12-8-80)
Sec. 21-2. Purpose and intent.
This chapter is established to protect health, safety,
general welfare and order within the City of Arden Hills
through the establishment of a comprehensive and impar-
tial series of standards, regulations and procedures govern-
ing the type, number, size, structure, location, height,
lighting, erection, use and/or display of devices, signs or
symbols serving as a visual communication media to
persons situated within or upon public rights-of-way or
properties.
The provisions of this chapter are intended to encourage
opportunity for effective, orderly communication by reducing
confusion and hazards resulting from unnecessary and/or
indiscriminate use of communication facilities. (Ord. No.
216, § 1(B), 12-8-80)
Sec. 21-3. Separability.
It is hereby declared to be the intention of the city that the
several provisions of this chapter are separable in accord-
ance with the following:
'Editor's note-Section 11 of Ord. No. 216, enacted Dec. 8, 1980,
repealed former Ch. 21, 21-1-21-21, which pertained to signs and
derived from 1-6, 8, 9 and 11-13 of Ord. No. 76, enacted Jan. 13, 1964
and 1 and 2 of Ord. No. 170, enacted Feb. 26, 1973.
Inasmuch as 1-10 of said Ord. No. 216 did not specifically amend this
Code, the substantive provisions thereof have been codified as a new Ch. 21
at the diacretion of the editor.
Cross references-Buildings, Ch. 6; mobile homes, Ch. 14; planning
and zoning, Ch. 20; subdivisions, Ch. 22; zoning, App. A.
Supp. No. 3
1215
§ 21-3 ARDEN HILLS CODE
(a) If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such
judgement shall not affect any other provisions of this
chapter not specifically included in said judgement.
(b) If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this
chapter to a particular property, building or other
structure, such judgement shall not affect the applica-
tion of said provision to any other property, building
or structure not specifically included in said judge-
ment. (Ord. No. 216, § 1(C), 12-8-80)
Sec. 21-4. Rules and definitions.
(A) Rules. The language set forth in the text of this
chapter shall be interpreted in accordance with the
' following rules of construction:
(1) The. singular number includes the plural and the
plural the singular;
(2) The present tense includes the past and the future
~ tenses and the future includes the present;
(3) The word "shall" is mandatory while the word "may"
is permissive;
(4) The masculine gender includes the feminine and
neuter.
(B) Definitions. [For the purpose of this chapter, the
following words and terms shall have the meanings
respectively ascribed]:
(1) Administrator. The clerk administrator of the City of
Arden Hills, or that person's duly authorized deputy.
(2) Alteration. Any major alteration to a sign, but shall
not include routine maintenance, painting or change
of copy of an existing sign.
(3) Billboard. See "Sign, advertising."
(4) Building. Any structure erected for the support, shelter
or enclosure of persons, animals, chattels or movable
Supp. No. 3
1216
SIGNS § 21-4
property of any kind. In addition, when said structure
is divided by party walls without openings, each
portion of such building so separated shall be deemed
a separate building.
(5) Building facade. That portion of any exterior elevation
of a building extending from the ground surface at the
base of the wall to the top of the parapet wall or eaves
and for the entire width of the building: For the
purpose of calculating permitted area for wall signs,
the facade shall include all walls of an exterior
elevation within an eight-foot horizontal distance of
the plane upon which the sign is located.
(6) Business. Any establishment, occupation, employment
or enterprise wherein merchandise is manufactured,
exhibited or so2d, or where services are offered for
compensation.
(7) Canopy or marquee. A permanent roof structure
attached to and supported by a building and
projecting over public or private property, not
including projecting roof eaves.
(8) District. Refers to a specific zoning district as defined
by the Arden Hills zoning ordinance [Appendix A of
this Code], as amended.
(9) Dwelling. A building or portion thereof, designed
exclusively for residential occupancy, including one-
family, two-family and multiple family dwellings, but
not including motels, hotels and boardinghouses.
(10) Frontage. That portion of a lot abutting a public
right-of-way.
(11) Marquee. See "Canopy."
(12) Multiple-occupancy structure. A principal building
housing two (2) or more independent businesses or
industrial uses.
(13) Setback. The minimum horizontal distance between a
sign or other structure and a street right-of-way line
Supp. No. 3
1217
§ 21-4 AR,DEN HILLS CODE
or lot line. Setbacks shall be measured from the most
outwardly extended portion of the sign or structure.
(14) Sign. Any identification, description, display, illustra-
tion or device affixed to or painted upon a building,
structure or surface, including the ground, which
directs attention to a business, place, activity, object,
product, person, institution or organization, and which
is intended to be viewed.
(15) Sign, area of. The area of the smallest geometric
figure which entirely encloses a sign, including the
copy, graphic elements, background, borders and
frame.
(16) Sign, height of. The vertical distance from the
elevation of the street upon which the sigri fronts,
measured at the centerline, to the top of the sign or its
support structure, whichever is higher. For signs
fronting on Interstate Highway Nos. 35-W and 694
and State Trunk Highway No. 51, the height of a sign
, shall be measured from the elevation of the ground
surface at the base of the sign to the top of the sign or
its support structure, whichever is higher.
(17) Sign, nonconforming:
(a) Legal. A sign which lawfully existed at the time
of the passage of this chapter or amendments
thereto, but which does not conform with the
regulations of this chapter.
(b) Illegal. A sign which was constructed after the
passage of this chapter or amendments thereto
and which does not conform with the regulations
of this chapter.
(18) Sign, width of. The horizontal distance from the outer
edges of the smallest rectangle which entirely encloses
a sign, including the copy, graphic elements, back-
ground, borders and frame. _
(19) Support structure. The uprights, bracing and frame-
work required to support a sign. This definition shall
not include a building to which a sign is attached.
Supp. No. 3
1218
SIGNS § 21-4
(20) Wall graphics. A design or illustration painted directly
upon an exterior wall surface intended to create a
decorative effect. The wall graphic may or may not be .
of an advertising nature.
(21) Types of signs by Tunction:
(a) Aduertising signs. A billboard, sign or other
communicative device which directs attention to a
business, product or service not exclusively related
to the premise upon which the sign is located.
(b) Area identification sign. A freestanding sign
located on the identified premises which identifies
the name of a residential subdivision consisting of
thirty (30) or more lots; a multiple residential
complex consisting of three (3) or more principal
structures; an office, business or industrial struc-
ture containing two (2) or more independent
concerns; a single business and/or industrial
complex consisting of three (3) or more separate
structures existing on individual platted lots or as
a planned unit development; or any integrated
combination of the above.
(c) Business sign. A sign which identifies a business
or profession conducted or promotes a product or
service offered or sold upon the premise where the
sign is located.
(d) Construction sign. A temporary sign placed at a
construction site identifying the project, name of
the architect, engineer, contractor, financier or
other involved parties.
(e) Directional sign. Incidental signs designed to
guide or direct pedestrians or vehicular traffic on
the premises upon which the sign is located. Such
sign may include the identification of the busi-
ness, industry, institution or residential complex
to which it applies, but shall not include
advertising copy.
(f) Garage sale sign. A temporary sign advertising a
garage sale or rummage sale occurring on the
premises upon which the sign is located.
Supp. No. 3
1219
I
§ 21-4 ARDEN HILLS CODE
(g) Informational sign. A sign giving information to
employees, visitors or delivery vehicles on the
premises upon which the sign is located. Such
sign may include the identification of the busi-
ness, industry, institution or residential complex
to which it applies, but shall not include
advertising copy.
(h) Institutional sign. A sign which identifies the
name and other characteristics of a public or
semi-public institution on the site where the sign
is located.
(i) Personal identification sign. A sign which iden-
tifiea the name(s), address(es), and/or occupa-
tion(s) of the occupant(s) of the premises on which
the sign is located.
(j) Political sign. A temporary sign promoting the
interests of bona fide candidates for elective,
political office or for promoting an election issue.
(k) Public sign. A sign erected by a governmental
Z unit for directing traffic, issuing warnings,
identifying locations or for other official identifi-
cation.
(1) Real estate sign. A temporary sign erected for
purposes of advertising for sale, rent or lease a
particular building and/or parcel of property.
(m) Special euents sign. A temporary sign advertising
an event or program sponsored by the city, a
school, a church, or civic organization; a tem-
porary sign for a grand opening, special sale or
similar event related to a commercial establish-
ment.
(n) Street directory sign. A sign identifying the
addresses of five (5) or more dwellings which are
located on a cul-de-sac or other dead-end street.
(22) Types of signs by structure or design:
(a) Animated sign. A sign which creates an effect of
action or motion. This definition shall not include
banners, pennants, flags, or flashing signs or
rotating signa.
Supp. No. 3
1220
SIGNS § 21-4
(b) Banners, pen?tants and streamers. A temporary
sign or attention-getting device generally made of
flexible materials, such as paper, cloth or plastic.
National and state flags shall not be included in
this definition.
(c) Changeable copy sign. A sign which is designed
to allow for periodic changes in copy or symbols,
either by manual or electronic means. This
definition shall include time and temperature
signs.
(d) Flashing sign. A sign which contains light which
is not maintained in a stationary position or at a
constant intensity or color. This definition shall
not include changing copy of a time and
temperature sign.
(e) Freestanding sign. A sign which is independ-
ently supported by a support structure in or upon
the ground and is not affixed to any part of a building. This definition shall include ground
signs.
(f) Ground sign. A sign which is attached to or is an
integral part of an independent architectual wall
or feature which is attached directly to the
ground.
(g) Multiple-faced sign. A sign which contains
information on two (2) or more separate faces or
planes.
(h) Portable sign. A sign which is constructed or i
placed upon a chassis with wheels or skids in
order to be movable from one location to another,
such as may be mounted on an automobile or
trailer. This definition shall not include perma-
nent identification signs painted directly on
vehicles which are principally used for transporta-
tion.
(i) Projecting sign. A sign with a face perpendicular
to the wall of a building upon which it is
attached.
Supp. No. 6
1221
I
. ~
121-4 ARDEN HILLS CODE
(j) Rotating sign. A sign which revolves or rotates on
its axis either by wind or other mechanical means
or produces a rotating effect through use of
illumination.
(k) Roof sign. A sign erected upon or above a roof or
parapet wall of a building and which is wholly or
partially supported by said building.
(1) Temporary sign. A sign which is intended to
advertise community or civic projects; construction
projects; real estate for sale, rent or lease; garage
sales; candidates for political office; or special
events on a temporary - basis, with a specified
period of time for use.
(m) Wall-mounted sign. A sign attached to, erected
against, painted upon or constructed as an
integral architectual feature of a wall of a building
or surface of a canopy or marquee.
(n) Window sign. A sign mounted within the window
area of a building and intended for viewing from
the exterior of the building. (Ord. No. 216, § 2,
j 12-8-80; Ord. No. 223, § 1, 4-12-82)
i
I Sec. 21-5. Permitted signs.
All permitted signs listed in this section shall be
' constructed, installed, erected, placed, located, altered,
reconstructed or relocated in accordance with the provisions
of section 21-8 of this chapter.
(A) Signs not requiring a sign permit. The following signs
shall not require a sign permit:
(1) Public signs;
Per
(2) sonal identification signa;
(3) Window signs;
(4) Temporary signs:
(a) Real estate signs;
(b) Political signs;
(c) Garage sale signs.
(B) Signs requiring sign permit. The following signs shall
be allowed only after the city has issued a sign
Supp. No. 6 1222
~
~ _ ,
SIGNS § 21-5
permit. Planning commission review and council
approval shall not be required.
(1) Business signs;
(2) Construction signs;
(3) Directional signs (magimum of two (2) per site);
(4) Informational signs (magimum of two (2) per
site);
(5) Advertising signs (billboards).
(C) Signs requiring planning commission review and
council approaal. The following signs shall require
planning commission review and council approval
before a permit will be issued:
(1) Area identification signs;
(2) Institutional signs;
(3) Street directory signs;
(4) Directional signs (if more than two (2) per site);
(5) Informational signs (if more than two (2) per site);
(6) Flags containing logos, symbols or names of a
private business or institution;
(7) Groupings of three (3) or more flags, including
national and state flags;
(8) Sign plans for:
(a) Multiple occupancy business and industrial
structures;
(b) Shopping centers;
(c) Office and industrial parks;
(d) Planned unit developments consisting of two
(2) or more structures.
(D) Signs requiring special use permit. The following
signs shall require a special use permit:
(1) Roof signs;
(2) Wall graphics;
(3) Signs not specifically permitted by this ehapter.
(E) Signs requiring council approual only. The following
temporary signs and advertising devices shall require
city council approval without planning commission
review:
Supp. No. 3 1223
§ 21-5 AftDEN HILLS CODE
(1) Special event signs and advertising devices;
(2) Emergency temporary signs as described in sec-
tion 21-7(e). (Ord. No. 216, § 3(A), 12-8-80)
Sec. 21-6. Prohibited signs.
The following signs and advertising devices shall be
prohibited:
(a) Any sign which obstructs the vision of drivers or
pedestriana or detracts from the visibility of a
traffic-control device;
(b) Signs that resemble official markers or traffic-control
signs, except for on-site directional signs;
(c) Flashing, rotating or animated signs;
(d) Projecting signs;
(e) Signs painted on or attached to trees, rocks or other
natural surfaces, or attached to public utility poles,
bridges or similar public structures;
(f) Signs created by the arrangement and/or forming of
plants or other landscaping materials;
(g) Signs consisting of banners, pennants, ribbons,
streamers, strings of light bulbs, except as special
event signs as allowed by council approval;
(h) Portable signs, except as special event signs as
allowed by council approval; and
(i) Searchlights. (Ord. No. 216, § 3(B), 12-8-80)
Sec. 21-7. General restrictions.
(a) Public signs shall be permitted in all districts.
(b) All signs as required by the Occupational Safety
Hazards Act shall be permitted in all districts.
(c) No signs other than public signs shall be erected or I
temporarily placed within any street rights-of-way or upon
any public lands or easements or rights-of-way.
3upp. No. 3
1224 '
' SIGNS § 21-7
(d) No sign permitted by this chapter shall, by reason of its
location, color or intensity, create a hazard to the safe, efficient
movement of vehicular or pedestrian traffic. No private sign
shall contain words which might be construed as traffic controls,
such as "Stop," "Caution," "Warning," etc., unless such sign is
intended to direct traff'ic on the premises.
(e) The city council may approve the construction of a tempo-
rary sign not specifically defined in this chapter if a valid need is
shown to exist by virtue of an emergency or special situation,
such as highway construction. The duration, location, size and
other conditions upon the sign shall be established by the council
at the time of approval.
(f) For the purpose of calculating the area of a sign under this
chapter, the following rules shall apply:
(1) Sign area shall include the copy, graphic elements, back-
ground, borders and frame.
(2) Changeable copy signs shall be considered as part of the
allowable area for a business sign.
(3) The maximum area for multiple-faced signs shall be twice
the allowable area indicated in section 21-8 of this chapter.
(4) The area of a ground sign shall include the architectural
wall or feature to which it is attached.
(5) Sign support structures which are an integral part of the
design of the identification device shall be calculated as
part of the allowable sign area and may be permitted only
by planning commission review and council approval.
(g) A business sign consisting solely of changeable copy shall
not be permitted. Changeable copy signs shall be allowed only
when designed and constructed as part of a business sign con-
taining permanent copy identifying the business to which it re-
lates. The changeable copy portion shall not exceed fifty (50) per
cent of the total area of the business sign of which it is a part.
(h) No more than three (3) special events signs shall be allowed
per building (as defined in subsection 21-4(B)(21xm) in a com-
mercial/industrial district per calendar year. Each special events
sign shall be permitted to be placed for a maximum period of ten
Supp. No. 15 1225
p
§ 21-7 AftDEN HILLS CODE
(10) consecutive days, with a minimum period of a thirty-day
interval. (Ord. No. 216, § 4, 12-8-80; Ord. No. 223, 2, 3, 4-12-$2;
Ord. No. 252, § 1, 1-25-88)
Sec. 21-8. Schedule of district provisions.
The following is a schedule of the substantive and procedural
requirements for the construction, installation, erection, place-
ment, location, alteration, reconstruction and relocation of signs
within the various districts of the city and the special sign dis-
tricts designated and established in section 21-9 hereof. The re-
quirements set forth below are subject to the additional general
and specific regulations and procedures contained in sections
21-7, 21-9, 21-10 and 21-11 through 21-13:
Supp. No. 15 1226
~
RESIDENTIAL ZONES-Continued
.
C C
0 o p
:3., ~ U04 U o
. .
~
'K ct H ,~a„o • y a d tl
~~p tl i d°' tf ~ o w y:V~ ~
1. Peraor 6 SF 4' NA 25' 10' N4
Signs 6 SF 6' NA NA NA N4
2. Area T
Signs
~ 3. Institti 32 SF 6' NA 25' 10' Nc
cation 32 SF 8' NA NA NA Nc
4. Street
5. Direct
4 SF 4' NA 10' 10' N<
6. Inforn
32 SF 6' NA 10' 10' Nc
32 SF 8' NA NA NA Nc
7• Wall lr) 4 SF 4' NA NA NA Nc
8. Temp
a. R
, di
irr
le
di
fa
ta
di
b. R
di
lo
m
cc
d,
Supp. Na
1228 ?
;
. ~
i
. J
~ b C~
~
~ . e o, i
n
o N o~i y y ~ .
~ Initial and Not required To be removed when 85 °lo
' annual of the units are cecupied
Initial and Not required To be removed when 85%
' annual of the units aze occupied
None Not required To be permitted for a period
of not more than 45 days
before, and 7 days
after an election
Initial Not required To be permitted for a period
only of not more than 10 days
None Not required To be permitted for a period
of not more than 3 days
I
v
~
~
~
0.~
1. Busiq
2. Direc
3. Inforl
' 4. Wall 5. Area ~
Signa
6. Temp
a. VI
b. R
c. C
d. S
(Ord
Notes-7
FS
M `
NA
40 SF VV
'In the
Supp. No.
f
SIGNS § 21-9
Sec. 21-9. Special sign districts and regulations.
(A) Service Stations. Signs for automobile service stations
shall be regulated by the sign provisions for the zoning
district in which the station is located. In addition,
automobile service stations may display signs which
identify current fuel prices and car wash facilities. Said
signs shall be limited to a maximum of twelve (12) square
feet each and shall be limited to a maximum height of ten
(10) feet. This additional sign area, however, shall be
considered part of the maximum allowable sign area for the
subject property. Where possible, the additional signs shall
be attached to the primary business sign structure.
(B) Multiple Occupancy Business and Industrial Struc-
tures, Shopping Centers, Office and Industrial Parks, and
Planned Unit Deuelopments. A sign plan shall be required
for multiple occupancy business and industrial buildings,
shopping centers, office and industrial parks, and planned
unit developments consisting of three (3) or more principal
structures. The plan shall be reviewed by the planning
commission and approved by the city council. No sign shall
be constructed for an individual use unless it is consistent
with the approved sign plan.
(1) The above-described developments may display area
identification signs consistent with applicable district
provisions of this chapter.
(2) Individual tenants of a multiple occupancy business
or industrial structure shall be allowed a separate
identification sign only if the tenants' business has an
exclusive exterior entrance. The signs shall be limited
to one wall-mounted sign per entrance. If four (4) or
less signs are provided, the composite area shall not '
exceed the maicimum area allowed for wall-mounted
signs in the district. If five (5) or more signs are
provided, the maximum size of each sign shall be fifty
(50) square feet.
(3) For any multiple occupancy business or industrial
structures, directory signs shall be permitted for each
Supp. No. 3
1231
_
§ 21-9 ARDEN HILLS CODE
common public entrance. Each directory sign area
shall not exceed a total of fifty (50) square feet and
shall be located within fifty (50) feet of the common
public entrance being served.
(4) An office or industrial planned unit development or
shopping center consisting of two (2) or more
individual structures shall be allowed, in addition to
the area identification sign, one (1) sign per structure.
The area of such individual signs shall not exceed the
maximum area allowed by the applicable district
provisions of this chapter.
(5) A residential planned unit development shall be
allowed, in addition to the temporary area identifica-
tion sign, personal identification signs for individual
dwellings or for multiple dwelling structures with
individual entrances. Multiple dwelling structures with
comrnon entrances shall be allowed building identifi-
cation signs not exceeding twelve (12) square feet in
area.
(C) Highway Aduertising District. Advertising signs
(billboards) shall be permitted within all L-I, limited
industry districts with frontage upon Interstate Highway
35W, subject to the following requirements:
(1) The height of any sign shall not exceed thirty-five
(35) feet.
(2) The area of any sign face shall -not exceed seven
hundred (700) square feet.
(3) The maximum aggregate area of advertising signs
within the highway advertising district shall not
exceed a ratio of point sixty (.60) square feet of sign
area per lineal feet of interstate highway frontage.
(4) The width of any sign shall not exceed fifty (50) feet.
(5) Signs shall be set back a minimum of forty (40) feet
from the interstate highway right-of-way line. (Ord.
No. 216, § 6, 12-8-80)
Supp. No. 3
1232
SIGNS § 21-10
I
Sec. 21-10. Construction, maintenance and iuspec-
tion.
(A) Construction:
(1) The construction of all signs permitted by this chapter
shall be made in accordance with the provisions of the
Uniform Sign Code published by the International
Conference of Building Officials.
(2) No sign or sign structure shall be erected in such a
manner that any portion of its surface or supports
will interfere in any way with the free use of any fire
escape, exit or standpipe. No sign shall obstruct any
window. Signs shall be so located as to maintain all
required clearances from overhead power and service
lines. '
(3) The source of light for illuminated signs shall be
shielded and directed in such a manner that it is not
directly visible from adjoining property and will not
create a traffic hazard.
(4) Sign support structures for all freestanding signs
except ground signs shall be limited to posts or
columna not in excess of that commonly required to
support the size and weight of the sign.
(B) Maintenance. All signs and sign structures shall be
properly maintained and shall be kept in a safe orderly
condition. In addition, all parts and supports shall be
properly painted. Any sign or sign structure which is rotted,
unsafe, deteriorated, defaced or otherwise altered, shall be
repainted, repaired or replaced by the licensee, owner or
agent of the owner of the property upon which the sign
stands, upon written notice of the administrator.
(C) Inspection:
(1) Every sign hereafter erected shall have painted or
designated in a conspicuous place thereon, the permit
number of the City of Arden Hills. '
(2) All signs for which a permit is required shall be I
subject to inspection by the administrator. The
3upp. No. 3
1233
'
~
§ 21-10 AR,DEN HILLS CODE
administrator is hereby authorized to enter upon any
property or premises to ascertain whether the
provisions of this chapter are being obeyed. Such
entrance shall be made during business hours unless
an emergency egists.
(3) If the administrator determines that a sign is
dilapidated or a public nuisance, he shall submit to
the city council and the owner of the sign such finding
in writing, enumerating the conditions and reasons
for his finding. Thereupon, the city council shall
notify the owner and hold a hearing at which the
owner of the sign shall be heard. If the city council
upholds the finding of the administrator, it may order
immediate removal by providing the owner with
writteri notice of such order setting forth the reasons
therefor. (Ord. No. 216, § 7, 12-8-80)
Sec. 21-11. Sign permits-Generally.
(A) Application Procedure:
(1) Any person proposing to erect, place, reconstruct, alter
or relocate any sign except those listed in section
21-5(A) shall make application for a sign permit.
(2) The application shall be submitted on forms
prescribed or required by the adminiatrator and shall
be accompanied by the following information plus
whatever additional information or documentation the
administrator shall require:
(a) The dimensions of the sign and, where applicable,
the dimensions of the wall surface of the building
to which it is to be attached.
(b) The maximum height and clearance of the sign.
(c) The proposed location of the sign in relation to the
face of the building, in front of which or above
which it is to be erected.
(d) The proposed location of the sign in relation to the
boundaries of the lot upon which it is to be
situated.
Supp. No. 3
1234
~
SIGNS § 21-i1
(e) If the sign is to be illuminated, the technical
means by which this is to be accomplished.
(f) Where the sign is to be attached to an existing
building, a description or photograph of the face
of the building to which the sign is to be attached.
(g) The name and address of the user of the sign and
the location of the sign.
(B) Issuance of Sign Permit:
(1) Upon filing of an application, the administrator shall
examine the plans and accompanying data and
determine if it is in compliance with the provisions of
this chapter. If it is found to be in conformance, the
administrator shall issue the requested sign permit for
signs not requiring council approval.
(2) For signs requiring planning commission review
and/or council approval, the administrator shall refer
the application to the appropriate body. For signs
requiring planning commission review, the building
permit procedure described in the zoning ordinance of
the City of Arden Hills shall be followed. Upon
planning commission review and/or council approval,
the administrator shall issue the requested sign
permit.
(C) Permit Fees:
(1) An initial application fee shall be required with the
application for any sign permit. The amount of such
fee shall be as established from time to time by
resolution adopted by the city council.
(2) An annual sign permit fee shall be required for all
signs except the following:
(a) Signs listed in section 21-5(A);
(b) Directional signs;
(c) Informational signs. '
The amount of said annual sign permit fee shall be as
established from time to time by resolution adopted by
the city council. (Ord. No. 216, § 8(A), 12-8-80)
Supp. No. 3
1235
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I
§ 21-12 ARDEN HILLS CODE
Sec. 21-12. Same-Special use permits.
For signs requiring a special use permit, the special use
permit procedure described iri the Zoning Ordinance
[Appendix A of this Code] of the City of Arden Hills shall be
followed. (Ord. No. 216, § 8(B), 12-8-80)
Sec. 21-13. Variances.
In order to provide additional flexibility in the enforce-
ment of this chapter and to alleviate hardship and injustice,
the city council may grant variances from the dimensional
requirements of this chapter. Upon application from the
person seeking a permit for the erection or installation of a
~ sign, the request for variance shall be processed in
accordance with applicable provisions of Arden Hills Zoning
Ordinance [Appendix A of this Code], as amended. Such
variance shall require a finding of fact that an undue
hardship exists if the chapter were strictly enforced and
shall be based upon the following considerations:
(a) That the hardship is attributable to the particular
physical surroundings, topographical conditions or
shape of the specific parcel of land involved; or
(b) That the granting of the variance would not be
materially detrimental to the public welfare or
injurious to the property or improvements in the
vicinity or zone in which the property is located. (Ord.
No. 216, § S(C), 12-8-80)
Sec. 21-14. Nonconforming signs.
(a) Any nonconforming temporary or portable sign
existing at the time of adoption of this chapter shall be
made to comply with the requirements set forth herein or
shall be removed within sixty (60) days after the adoption of
this chapter.
(b) Nonconforming permanent signs lawfully existing at
the time of adoption of this chapter shall be allowed to
continue in use, but shall not be rebuilt, altered other than
to change the message, or relocated without being brought
Supp. No. 3
1236
SIGNS § 21-15
into compliance with the requirements of this chapter. After
a nonconforming sign has been removed, it shall not be
replaced by another nonconforming sign.
(c) Whenever use of a nonconforming sign has been
discontinued for a period of three (3) months, such use shall
not thereafter be resumed unless in conformance with the
provisions of this chapter.
(d) Existing signs which will require special use permits
after the enactment of this chapter but are otherwise in
conformance with the provisions of this chapter shall apply
for a special use permit within one year of the effective date
of this chapter.
(e) Nothing in this section shall relieve the owner or user
of a legal nonconforming sign or owner of the property on
which the legal nonconforming sign is located from the
provisions of this chapter regarding safety, maintenance
and repair of signs, provided that any repainting, cleaning
and other normal maintenance or repair of the sign or sign
structure shall not modify the sign structure or copy in any
way which makes it more nonconforming. (Ord. No. 216, §
9, 12-8-80)
Sec. 21-15. Enforcement; compliance.
This chapter shall be administered and enforced by the
administrator who is appointed by the city council. The
administrator may institute in the name of the City of
Arden Hills any appropriate actions or proceedings against
a violator as provided by statute or ordinance. In the event
that a sign or billboard in violation of the provisions of this
chapter is not removed, repaired or licensed, if eligible for a
license, within the time stated in the violation notice, the
same may be removed by the city after condemnation in the
same manner as provided for the condemnation and
destruction of buildings or structures in the building code,
and the expense of such condemnation and destruction,
including the expense of necessary legal proceedings, shall
be imposed as a lien upon said premises. (Ord. No. 216, §
10(A), 12-8-80)
Supp. No. 3
1237
§ 21-16 AR.DEN HILLS CODE
Sec. 21-16. Penalties for violations deemed misde-
meanors.
Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with, or resists the
enforcement of any of the provisions of this chapter shall,
upon conviction thereof, be fined or penalized not more than
the maximum levels established by the State of Minnesota
for misdemeanor offenses. (Ord. No. 216, § 10(B), 12-8-80)
4k
[The next page ia 12751
Supp. No. 3
1238
f
Chapter 22
SUBDIVISIONS*
Sec. 22-1. Purpose and interpretation.
Each new subdivision becomes a permanent unit in the
basic physical structure of the future community, a unit to
which the future community will of necessity be forced to
adhere. Piecemeal planning of such subdivisions without
correlation to the city plan, will bring a disastrous
disconnected patchwork of plats and poor circulation of
traffic. In order that new subdivisions will contribute toward
an attractive, orderly, stable and wholesome community
environment, adequate municipal services, and safe streets,
all subdivisions hereafter platted within the incorporated
limits of the city shall, in all respects, fully comply with the
regulations hereinafter set forth in this chapter. In their
interpretation and application the provisions of this chapter
shall be the minimum requirements adopted for the
protection of the public health, safety and general welfare.
(Ord. No. 98, § 2, 3-27-67)
Sec. 22-2. Scope.
Except i% the case of a resubdivision, this chapter shall
not apply to any lot or lots forming a part of subdivision
plats recorded in the office of the register of deeds or
registrar of titles prior to March 27, 1967, nor is it intended
by this chapter to impair or interfere with existing
provisions of other lawa or provisions of this Code except
those specifically repealed by, or in conflict with, this
chapter, or with private restrictions placed upon property by
deed, covenant or other private agreement, or with
restrictive covehants running with the land to which the
city is a party; provided however, that such private
~ restrictions or restrictive covenants may impose atricter
requirements than established by this chapter, but may not
decrease the requirements imposed herein.
•Cross references-Building, Ch. 6; mobile homea, Ch. 14; planning
and zoning, Ch. 20; utilitiea, Ch. 28.
State law reference-Subdivision regulationa, M.S.A. § 462.358.
1275
§ 22-2 ARDEN HILLS CODE
In any case where the division of a parcel of land into two
(2) or more lots or parcels for the purpose of transfer of
ownership or building development does not come within the
definition of subdivision as defined by this chapter, a
description of such land division shall be filed with the
clerk-administrator who shall submit copies of such division
of land to the city engineer and the planning commission.
No building permit for such lots or parcels shall be issued
until said description has been filed with the city. (Ord. No.
98, § 3, 3-27-67)
Sec. 22-3. Definitions.
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the
meaning given in this section.
Butt lot: A lot at the end of a block and located between
two (2) corner lots.
City plan: A comprehensive plan adopted by the city
council indicating the general locations recommended for
the various functional classes of public works, places and
structures, and for the general physical development of the
city, and includes any unit or part of such plan separately
adopted and any amendment to such plan or pasts thereof.
Final plat: The final map, drawing or chart on which the
subdivider's plan of subdivision is presented to the city
council for approval and which, if approved, will be
submitted to the county register of deeds or registrar of
titles.
Lot: A parcel of land in a subdivision, or plat of land,
distinguished form other parcels by description as on a
subdivision or record-of-survey map or by metes and
bounds, for the purpose of sale or lease or separate use
thereof.
Easement: A right granted by an owner of land for the
specific use of said land by. the public generally, or to a
person or persons.
1276
i
SUBDIVISIONS § 22-3
Minimum subdivision design standards: The guides,
I principles and specifications for the preparation of subdivi=
sion plans indicating, among other things, the minimum
and maximum dimensions of the various elements set forth
in the preliminary plan.
Owner: Any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity
having sufficient proprietary interest in the land sought to
be subdivided to commence and maintain proceedings to
commence and maintain proceedings to subdivide the same
under this chapter.
Pedestrian way: A way, public or private, running across
or located within a block for use by pedestrian traffic,
whether designated as a pedestrian way, crosswalk or
however otherwise designated.
Planning commission: The person or persons designated
by the city council to advise it on planning matters.
Preliminary plan: The preliminary map, drawing or chart
indicating the proposed layout of the subdivision to be
submitted to the city council for its consideration.
Protectiue couenants: Contracts entered into between
private parties and constitute a restriction on the use of all
private property within a subdivision for the benefit of the
property owners, and to provide mutual protection against
undesirable aspects of development which would tend to
impair stability of values.
Setback line., building: A required open space on a lot,
which space is unoccupied and unobstructed by a structure
from its lowest ground level to the sky, except as expressly
permitted in this chapter and other city ordinances.
Streets: A"street" is a public way for the conveyance of
vehicular traffic, whether designated as a street, highway,
I thoroughfare, parkway, throughway, road, avenue, lane,
place or however otherwise designated.
(a) "Collector street" is a street which carries traffic
from local streets to streets and highways of
1277
§ 22-3 ARDEN HILLS CODE
higher classificatioris. It provides for both land
access service and local traffic movements within
residential neighborhoods, commercial areas and
industrial areas.
(b) "Cul-de-sac" is a street with only one outlet.
(c) "Local street" is a street of limited continuity used
primarily for access to the abutting prop-
erties and the local needs of a neighborhood.
(d) "Major arterial" is usually a divided highway
with four or more lanes and serves the major
centers of activity of a metropolitan area, the
highest traffic volume corridors, and the longest
trip desires. The major arterial carries a high
proportion of the total urban area travel on a
minimum mileage. Almost all fully and partially
controlled access facilitiea are a part of this class.
(e) «Minor arterial» street system interconnets with
and augments the urban major arterial system
and provides service to trips of moderate length at
j somewhat lower level of travel mobility than
~ major arterials. This system distributes travel to
i
geographical areas smaller than those identified
I~ with the higher system.
(f) "Street width" is the shortest distance between the
lines delineating the right-of-way of a street.
(g) "Thoroughfare" is a fast or heavy traffic street of
considerable continuity and used primarily as a
traffic artery for intercommunication among large
areas.
Subdivider: Any person commencing proceedings under
this chapter to effect a subdivision of land hereunder for
himself or for another.
Subdivision: The division of a parcel of land into two (2)
or more lots or parcels, any of which resultant parcels is less
than five (5) acres in area or is lesa than three hundred
(300) feet in width. In addition "subdivision" shall include
1278
~
SUBDIVISIONS § 22-4
the division of a parcel of land in such manner that any of
the resultant parcels have less than twenty (20) feet thereof
abutting on a public right-of-way. The term "subdivision"
includes resubdivision and, when appropriate to the context,
shall apply to the process of subdividing or to the land
subdivided.
The acquisition of land by any means for purposes of
erecting or installing utility lines, including underground
gas lines, overhead power lines, transmitting towers, or
similar utility sites, or easements shall be considered a
subdivision when such utilities are designed to serve more
than one lot. (Ord. No. 98, § 4, 3-27-67)
Sec. 22-4. Procedure.
(a) Preliminary plan:
(1) Before dividing any tract of land into two-(2) or more
lots or parcels, an owner or subdivider ahall, unless a
variance is authorized, irile with the clerk-administra-
tor:
a. Four (4) copies of the preliminary plan.
y b. Such lump sum fee in cash for the entire
subdivision, plus such cash fee for each lot in the
subdivision, as have been established in a
resolution adopted by the council. This fee will be
used for expenses of the city in connection with
approval or disapproval of said plan and any
final plat which may thereafter be submitted.
c. If the subdivider requeats that any esisting
special assessments which have been levied
against the premises described in the subdivision
be divided and allocated to the reapective lots in
the subdivision plat, the clerk-administrator shall
estimate the clerical coat of preparing the revised
assessment roll, filing the same with the county
auditor, and making such division and allocation,
and upon approval by the council of such
estimated coat the same shall be paid to the city
Supp. No. 3 1279
f
_ J
r § 22-4 ARDEN HILLS CODE
treasurer in addition to the fee mentioned in
subparagraph b above, to cover the cost of
preparing and filing such revised asaessment.
(2) At its negt regular meeting following the filing of such
preliminary plan, the city council ahall:
a. Set a public hearing on the preliminary plan,
which hearing date ahall be not more than
forty-five (45) days after the date of such setting.
The city council may authorize the planning
commission to conduct the hearing. The coupcil
shall cause notice of said hearing to be publiahed
in the official city newspaper at least five (5) days
prior to the hearing.
b. Refer two (2) copies of the preliminary plan to the
planning commission for ita egamination and
report and one copy to the city engineer for his
esamination and report. Copiea of the report of the
city engineer shall be given to the city council and
planning commission at least ten (10) days prior
to the date of public hearing.
(3) In the event the council has provided that the public
hearing ahall be conducted by the planning commis-
sion, the planning commission ahall make ita report to
the city council at the first regular meeting of the
council following such public hearing.
' In the event the council dces not refer the public
, hearing to the planning commisaion, the the report of
~ the planning commission shall be given to the council
before the time set for such public hearing.
(4) The city council shall act on the preliminary plan by
resolution approving or adopting it within thirty (30)
days after receipt of the report of the planning
commisaion, if the planning commission is designated
to conduct the public hearing. If the planning
commission dces not conduct the public hearing, then
the council shall take action by resolution within
thirty (30) days after the public hearing.
3upp. No. 3 1280
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SUBDIVISIONS § 22-4
If the report of the planning commisgion has not
been received within seventy-five (75) days, after
referral of said matter to the planning commiasion,
the council may act on the preliminary plan without
such report.
(5) If the preliminary plan ia not approved by the city
council, the reasona for such action shall be recorded
in the proceedings of the council and transmitted tb
the applicant. If the preliminary plan is approved,
such approval shall not constitute final acceptance of
the subdivision.
(b) Final plat:
(1) The owner or subdivider shall file with the clerk-ad-
ministrator seven (7) copies of the final plat not later
than three (3) months after the date of approval of the
preliminary plan; otherwise, the preliminary plan and
final plat will be considered void unless an estenaion
is requested in writing by the subdivider and for good
cause granted by the city council. The owner or
subdivider shall also submit at thia time an up-to-
date certified abstract of title or registered property
report and such other evidence as the city attorney
may require showing title or control in the applicant.
The final plat shall have incorporated therein all
changes or modifications required by the city council;
in all other respecta it ahall conform to the prelimi-
nary plan. It may conatitute only that portion of the
approved preliminary plan which the subdivider
proposes to record and develop at the time, provided
that such portion conforms with afl the requirements
of this chapter.
(2) The city council shall conaider the final plat officially
filed after the planning commisaion, the city engineer
and the city attorney have esamined it and advised
the council that it is in proper form.
(3) Within five (5) days after the final plat is filed the
clerk-administrator shall refer two (2) copiea of the
Supp. No. 3
I 1281
§ 22-4 ARDEN HILI S CODE
. final plat to the planning commission, one copy to the
city engineer, and one copy to the city attorney and a
copy each to the telephone and power and other utility
cqmpanies. The abatract of title or registered property
report ahall be referred to the city attorney for his
esamination and report. The attorney's report shall be
given to the city council within fifteen (15) days. The
reports of the planning commission and engineer
shall also be given to the council within fifteen (15)
days. The council ahall either approve or disapprove
said final piat at its next regular meeting following
receipt of such reports.
(4) If the final plat is approved by the city council, the
subdivider ahall record it with the county recorder or
regiatrar of titles within sigty (60) days after the date
of approval; otherwise, the approval of the final plat
shall be conaidered void. In the event that the plat is
disapproved, the grounda for such disapproval must be
reported in proceedinga of the council and be duly
transmitted to the applicant.
(5) The subdivider ahall, immediately upon recording,
furnish the clerk-administrator with a tracing and
three (3) prints of the final plat showing evidence of
the recording. (Ord. No. 98, § 5, 3-27-67; Ord. No. 217,
§ 25, 12-29-80)
3ec. 22-5. Neceesary data for preliminary plan.
The preliminary plan shall be clearly and legibly drawn.
The size of the map shall not be less than twelve (12) inchea
by eighteen (18) inches. All subdivision mapa shall be drawn
at a acale of one inch equals one hundred (100) feet, unlesa
otherwise required by the city council.
The preliminary plan shall contain the following informa-
tion:
(a) Identification and description:
(1) Proposed name of subdivision, which name shall
not duplicate or be alike in pronunciation or
3upp. No. 3
1282
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SUBDIVISIONS § 22-5
deceptively similar to the name of any plat
theretofore recorded in the county.
(2) Location by section, town, range or by other legal
description.
(3) Names and addreases of the owner, subdivider,
surveyor and designer of the plan.
(4) Graphic scale.
(5) North-Point.
(6) Date of preparations.
(b) Existing conditions:
(1) Boundary line of proposed subdivision, clearly
indicated.
(2) Egisting zoning classifications.
(3) Total approximate acreage.
(4) Location, widths and namea of all egisting or
previously platted streets or other public ways,
showing type, width and condition of improve-
ments, if any, railroad and utility right-of-way,
parks and other public open spaces, permanent
buildings and structurea, easements, and section
and corporate lines within the tract and to a
diatance of one hundred (100) feet beyond the
tract.
(5) Location and size of exiating sewers, water mains,
culverts or other underground facilities within the
tract and to a distance of one hundred (100) feet
beyond the tract. Such data as grades of atreets,
invert elevations, and locations of catch basins
and manholes shall also be shown.
(6) Boundary lines of adjoining unsubdivided or
subdivided land within one hundred (100) feet,
identifying by name and ownerahip.
I (7) Topographic data, including contoura at vertical
intervals of not more than two (2) feet, egcept that
1283
§ 22-5 ARDEN HILLS CODE
contour linea ahall be no more than one hundred
(100) feet apart. Watercourses, marshes, wooded
areas rock outcrops, power transmission poles and
lines, and other significant features ahall also be
shown.
(c) Subdivision design features:
(1) Layout of proposed streets, showing right-of-way
widths and proposed names of streets. The name
of any street heretofore used in this county shall
not be used, unless the proposed atreet is an
extenaion of an already-named street, in which
event the name shall be used.
(2) Location and widths of proposed alleys, pedestri-
an ways and utility easements.
(3) Typical cross-sections of proposed improvements
upon streets and alleys, together with an indica-
tion of the proposed atorm water runoff.
(4) Approximate center line gradients of proposed
streets and alleys, if any.
(5) Location, size and approximate gradient of
proposed sewer lines and water maina if any.
(6) Layout identification numbers and typical dimen-
sions of blocks and lots. (7) Minimum front and side-atreet building setback
lines, indicating dimensions.
(8) Areas, other than streeta, alleys, pedestrian ways
and utility easements, intended to be dedicated or
reserved for public use, including the size of such
area or areas in acres.
(d) Other information:
(1) Statement of the proposed use of lots stating type
of residential buildinga with number of proposed
dwelling units; type of businesa or induatry so as
to reveal the effect of the development on traffic,
fire hazards or congestion of population.
1284
~
~ -
I
SUBDIVISIONS § 22-6
(2) Proposed protective covenanta, if any.
(3) Source of water supply.
(4) Provisions for sewage disposal, drainage and
flood control.
(5) If any zoning changes are contemplated, the
proposed zoning plan for the areas, including
dimensions.
(6) In the event lots in the proposed plat are substantially in excess of the minimum size required by zoning reg-
ulations, a preliminary resubdivision plan shall be sub-
mitted showing a potential and feasible way in which
the excess size lot or lots may be resubdivided in future
years to permit more intensive use of the land. (Ord.
No. 98, § 6, 3-27-67; Ord. No. 175, § 4, 10-29-73; Ord.
No. 281, 5-22-91)
Sec. 22-6. Qualifications governing approval of pre-
liminary plan.
(a) The city council may require such changes or revisiona
as it deems necessary for the health, safety, general welfare
and convenience of the city.
(b) The approval of a preliminary plan by the council ia
tentative only, involving merely the general acceptability of
the layout as submitted.
(c) Subsequent approval will be required of the engineer-
ing proposals pertaining to water supply, storm drainage,
sewerage and sewage disposal, gas and electric service,
grading, gradients and roadway widths and the surfacing of
streets by the city engineer, and other public officials
having juriadiction, prior to the approval of the final plat by
the city.
(d) No plan will be approved for a subdivision which
covers an area subject to periodic flooding or which containa
extremely poor drainage facilities which would make
adequate drainage of the streets and lots impossible, unless
the subdivider agrees to make improvements which will, in
Supp. No. 22
1285
§ 22-6 ARDEN HILLS CODE
the opinion of the city engineer, make the area completely
safe for occupancy, and provide adequate street and lot
drainage. (Ord. No. 98, § 7, 3-27-67)
Sec. 22-7. Necessary data for einal plat.
(a) General. The final plat shall be prepared by a
registered surveyor and shall conform to all state and
county requirements and the requirements of section (b)
hereunder. All information required on the preliminary
plan, except that contained in subdivision (d) of section 22-5
and topographic data and zoning information, shall be
accurately shown.
(b) Additional delineation.
(1) The final plats shall include accurate angular and
lineal dimensions for all lines, angles, and curvatures
used to describe boundaries, streets, alleys, easements,
areas to be reserved for public uae, and other
important features. Dimensions of lot lines ahall be
shown in feet and hundredtha.
(2) When lots are located on a curve or when side lot lines
are at angles other than ninety (90) degrees, the wrdth
at the building setback line shall be shown.
(3) All blocks shall be identified by consecutive numbera.
Lots within each block shall bear consecutive
numbers. ,
, (4) The final plat ahall include true angles and diatances
, to the neareat established street linea or official
monuments (not lesa than three (3)) which shall be
accurately described in the plat.
(5) Municipal, township, county or section lines accurate-
i ly tied to the lines of the subdivision by distances and
angles.
(6) Radii, internal angles, points and, curvaturea, tangent
bearinga, and lengths of all ares.
Supp. No. 22 1286
I
I
SUBDIVISIONS § 22-8
(7) Accurate location of all monuments.
(8) Accurate outlines and legal description of any areas to
be dedicated or reserved for public use.
(9) Certification by a registered surveyor in the form
required by Section 505.03 Minnesota Statutes.
(10) Execution by all ownera of any interest in the land
and any holders of a mortgage thereon of the
certificate required by Section 505.03 Minnesota
Statutes, which certificate shall include a dedication
of the utility easements and any other public areas in
such form as shall be approved by the city attorney.
(11) Certifications showing that all taxea and apecial
assessments currently due on the property to be
subdivided have been paid in full.
(12) Form of approval of city council as followa:
Approved by the City Council of the City of Arden
Hills, Minnesota, this day of , 19_.
City Clerk
(13) Form for approval by county authorities as required.
(Ord. No. 98, § 8, 3-27-67; Ord. No. 171, § 3, 4-30-73)
Sec. 22-5. Minimum subdivision design standards.
(a) Conformity with city plan. The proposed subdivision
shall conform to the city plan.
(b) Street plan. The arrangement, character, egtent,
width, grade and location of all streets ahall conform to the
city plan and ahall be considered in their relation to esiating
and planned streeta, to reasonable circulation of traffic, to
topographical conditions, to runoff of storm water, to public
convenience and safety, and in their appropriate relation to
the proposed uses of the land to be served by such streets.
The arrangement of atreets in new subdivisions shall
make provision for the appropriate continuation of the
egisting streets in adjoining areas.
1287
§ 22-8 AftDEN HILLS CODE
Where adjoining areas are not subdivided, the arrange-
ment of streets in new subdivisions shall make provision for
the proper projection of the streets.
(c) Streets:
(1) Widths. All street widths shall conform to the
following minimum dimensions:
. Major Arterial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 '
t Minor Arterial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Collector 70
Local 60
Cul-de-sac 60
(2) Street deflections. When connecting atreet lines 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 leas
than three hundred (300) feet for local and collector
streets, and of such greater radii as the city council
shall determine for special cases.
(3) Reverse curves. Tangents of at least fifty (50) feet in
length shall be introduced between reverse curves on
collector streets.
(4) Street grades. All center line gradients shall be at
least 0.5 per cent, and shall not egceed the following:
Major Arterial . . . . . . . . . . . . . . . . . . . . As agreed upon
with the city
engineer
Minor Arterial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 %
Collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4%
Local 6%
(5) Vertical curves. Different connecting atreet gradients
ahall be connected with vertical parabolic curves.
Minimum length, in feet, of these curves shall be
fifteen (15) times the arithmetical difference in the per
cent of grade of the two (2) adjacent slopes.
(6) Local streets. Local streets shall be so aligned that
their use by through traffic will be diacouraged.
1288
SUBDIVISIONS § 22-8
(7) Street jogs. Street jogs with centerline offaets of less
than one hundred twenty-five (125) feet shall be
avoided.
(8) Safe intersections. It must be evidenced that all street
intersections encourage safe and efficient traffic flow.
The angle formed by the intersecting of streets shall
not be less than sixty (60) degrees with ninety (90)
degrees preferred.
(9) Alleys. Alleys will not be permitted in residential
areas unless there is no other reasonable solution for
access.
(10) Cul-de-sac. Maximum length for cul-de-sac streets
shall be five hundred (500) feet measured along the
center line from the intersection of origin to end of
right-of-way, unless there are eighteen (18) or less lots
abutting the cul-de-sac. Each cul-de-sac shall be
provided at the closed end with a turnaround having
an outside roadway diameter of at least one hundred
(100) feet, and a street property line diameter of at
least one hundred twenty (120) feet.
(11) Streets abutting Arterial Streets. Where a subdivision
abuts or contains an existing or planned arterial
street, the city council may require local streeta
parallel and adjacent to the arterial street or other
such treatment as may be necessary for adequate
protection of residential properties and to afford
separation of through and local traffic.
(12) Half streeta. Half streets shall be prohibited, except
where essential to the reasonable development of the
subdivision in conformity with the other requirements
of these regulations; and then only when the city
council finds it will be practicable to require the
dedication of the other half when the adjoining
property ia subdivided. Wherever there is an egisting
half street adjacent to a tract which is to be
subdivided, the other half of the atreet ahall be platted
within such proposed tract.
1289
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§ 22-8 ARDEN HILLS CODE
(13) Reserve strips. Reserve atrips controlling acceas to
streets shall be prohibited except under conditions
approved by the city council.
(14) Railroad or limited access highways abutting subdivi-
sion. Where a subdivision borders on or contains a
railroad right-of-way or limited access highway
right-of-way, the city council may require a street
approximately parallel to and on each side of such
right-of-way at a distance suitable for the appropriate
use of the intervening land, as for park purposes in
residential diatricts, or for commercial or industrial
purposes in appropriate districts. Such distances shall
also be determined with due regard for the require-
ments of approach grades and future grade separa-
tions.
(15) Private streets. Private streets ahall not be approved
nor shall public improvements be approved for any
private street.
(16) Hardship to owners of adjoining property avoided.
The street arrangements ahall not be such as to cause
hardship to owners of adjoining property in platting
their own land and providing convenient access to it.
(17) Street interval. In general, provisions ahall be made
at intervals not exceeding one-half mile for through
streets (streets running through the subdivision in a
fairly direct manner).
(d) Alleys and pedestrian ways:
(1) Alleys shall be at least twenty (20) feet wide in
commercial and industrial areas. The city council may
require alleys in nonresidential areas where adequate
off-street loading space is not available.
(2) Pedestrian ways shall be at least ten (10) feet wide.
(e) Easements:
(1) Provided for utilitiea. Easements at least twelve (12)
feet wide, centered on rear and other lot linea, ahall be
provided for utilities where necessary and shall be
1290
SUBDIVISIONS § 22-8
dedicated to the city by appropriate language in the
owner's certificate. They shall have continuity of
alignment from block to block, and at deflection points
easements for pole-line anchors shall be provided
where necessary. All utility lines for telephone and
electrical service shall be placed in rear lot line
easements when carried on overhead poles.
(2) Provided for drainage. Where a subdivision is
traversed by a watercourse, drainage way channel or
stream, there shall be provided a stormwater ease-
ment or drainage right-of-way conforming substan-
tially with the lines of such watercourse, together with
such further width or construction or both, as will be
adequate for storm water run off.
(f) Blocks:
(1) Factors governing dimensions. Block lengths and
width or acreage within bounding roads shall be such
as to accommodate the size of residential lots required
in the area by the zoning ordinance and to provide for
convenient access, circulation control and safety of
street traffic.
(2) Nonresidential blocks. Blocks intended for commer-
cial, institutional and industrial use muat be desig-
nated as such.
(3) Length. Block lengths shall not exceed one thousand
eight hundred (1,800) feet nor be leas than five
hundred (500) feet in length.
(4) Arrangement. A block shall be so designed as to
provide two (2) tiera of lots, unless it adjoins a railroad
or limited access highway or lake or backs on other
subdivisions where it may have but a single tier of
lots.
(5) Pedeatrian ways. In blocks over nine hundred (900)
feet long, pedestrian crosswalks may be required by
the city council in locations deemed necessary to
public health, convenience and necessity.
~ 1291
§ 22-8 ARDEN HILLS CODE
(g) Lots.
(1) Location. All lota shall abut by their full frontage on a
publicly dedicated street or a street that has received
legal statua as such or will receive such status upon
approval of the subject plat.
(2) Size. The lot dimensions in subdivisions shall not be
less than the minimum dimensions required to secure
the minimum lot area apecified in the zoning
ordinance of the city.
(3) Butt lots. Butt lota shall be platted at least five (5) feet
wider than the average width of interior lots in the
block.
(4) Side lot lines. Side lines of lots shall be substantially
at right angles or radial to the street line.
(5) Watercourses. Lots abutting upon a watercourae,
drainage way, channel or stream shall have an
additional depth or width as required, to assure house
sites that are not subject to flooding.
(6) Features in the subdividing of any land, due regard
shall be ahown for all natural features, such as tree
growth, watercouraes, historic apots or similar condi-
tions, which if preserved will add to the attractiveness
' of the proposed development.
(7) Lot remnants. All remnants of lots below minimum
size left over after subdividing of a larger tract must
be added to adjacent lots, rather than allowed to
remain as unuseable parcels.
(S) Corner lots ahall be platted at least ten (10) feet wider
than the minimum requirement for interior lots as
designated in the zoning ordinances.
' (9) Corner lot grading and street intersection gradea
shall be such that there shall be no blocking of vision
at street intersectiona over three (3) feet in height
above street pavement level within fifteen (15) feet of
intersecting street right-of-way lines. (Ord. No. 98, §
9, 3-27-67)
1292
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SUBDIVISIONS § 22-9
I Sec. 22-9. Public use dedications.
(a) Streets utilities and storm water. The developer of a parcel of
land shall dedicate to the public all streets, sewers, electric, gas,
and water facilities; storm water drainage and holding ponds; and
similar utilities and improvements, as reasonably required by the
I city council, in order to integrate the proposed development with
the city's current and anticipated utility systems. The area to be
dedicated for public use shall be delineated on the proposed plat
or otherwise conveyed by easement to the city prior to the issu-
ance of any development permits.
(b) Recreation and conservation. Based upon a review of its
comprehensive plan and utility systems, the city council has de-
termined that all development of property within the city will
glace a greater demand on the city's need to acquire land for
parks, playgrounds, trails, wetlands or open space if the city's
physical environment is to be preserved and enhanced. Therefore,
in addition to the dedica.tions required by Section 22-9(a), the
developer of a parcel of land shall dedicate to the public for use as
parks, playgrounds, trails, wetlands or open space, a reasonable
percentage of the tract to be developed. In determinYng the per-
centage of dedication, the city council shall take into consider-
ation the amount of open space, park, recreational or commons ~
areas and facilities which the developer has designed into the I
proposed development for use by occupants of the development.
The city council shall be guided by the following criteria in es-
tablishing a particular percentage dedication requirement:
(1) ftesidential projects.
Gross Density In Percentage
Dwelling Units Per Acre Dedication
0 to 2 6
Over 2 to 3 7
Over 3 to 4 8
In excess of 4 10
I (2) Nonresidential projects or combination residential and com-
mercial projects. The percentage of dedication for nonresi-
dential projects or combination residential/commercial
projects shall not exceed ten (10) per cent.
, Supp. No. 22 1293
J
§ 22•9 ARDEN HILLS CODE
(3) Delineation of area to be dedicated. The area to be dedi-
cated for recreation and conservation uses shall be delin-
eated on the proposed plat or otherwise conveyed by ease-
ment to the city prior to the issuance of any development
permits.
(4) Cash in lieu of dedication. In lieu of the dedication of land
for recreational and conservation purposes, the city council
may require the developer to pay to the city, as an equiv-
alent contribution, an amount in cash equal to the per-
centage of the land required to be dedicated, multiplied by
the fair market value of the property at the time of final
approval of the development applieation. The fair market
value of the property shall be determined by reference to
current appraisal data or sales information. When ap-
praisal data is utilized, the developer shall reimburse the
city for the cost of the appraisal prior to the issuance of any
development permits.
(5) Installment payment. The city council, at its option, may
permit the developer to submit two-thirds (2/s) of the cash
equivalency payment over a period of time pursuant to an
installment payment agreement approved by the city's at-
torney.- The agreement shall require the payment of in-
terest on.the unpaid principal; shall require final payment
within eighteen (18) months; and shall require security for
the unpaid principal portion thereof. The city may with-
hold development or building permits for any portion of the
project if the developer does not comply with the terms of
the installment payment agreement.
(6) Restriction of use of cash contributions. All cash contribu-
tions received by the city pursuant to this provision shall
be placed in a special fund and used only for the acquisition
of land for parks, playgrounds, trails, wetlands or open
space; for development of existing parks, playgrounds, trails,
wetlands or open space areas; or for debt retirement in
connection with land previously acquired for such pur-
poses. (Ord. No. 98, § 10, 3-27-67; Ord. No. 175, § 5, 10-
29-73; Ord. No. 281, 5-13-91)
Supp. No. 22 1294
SUBDIVISIONS § 22-10
Sea. 22-10. Required improvements.
(a) No final plat shall be approved by the city council
unless the owner or subdivider:
(1) Shall have placed and installed survey monuments at
all block cornera, angle pointa, points of curves in
streets and at intermediate points as shown on the
final plat required by the city engineer; such
monumenta shall be cast iron; as approved by the
county surveyor, and shall be set at each corner or
angle on the outside boundary. Pipes or ateel rods
shall be placed at the corners of each lot and at each
intersection of atreet centerlines. All United States,
state, county, or other official bench marks, monu-
' Supp. No. 22 1295
, ~
SUBDIVISIONS § 22-10
ments or triangulation stations in or adjacent to the
property shall be preserved in precise position, and
(2) Shall have determined the most feasible method of
obtaining water for the subdivision, be in a position to
demonatrate such feasibility, to the satisfaction of the
city council or such technical agenta as it may
designate, and be willing and able to contract with the
city (as a condition of subdivision plat approval) to
produce the type of water supply demonstrated most
feasible for the subdivision; water may be provided by
individual house wells or by a system consisting of
central well(s) and pumping station(s) and piping to
supply individual homes. It is the announced policy of
the city that a central well system for each new
subdivision is favored on the basis of greater
assurance of public health, reliability of supply,
economy in installation of purification equipment if
necessary, more effective fire fighting through hy-
drants, etc., and probable lowered insurance and
maintenance costa to individual owners.
Accordingly, the city strongly recommends central
deep well systems for subdivisions, with cost of
equipment prorated to the number of parcels served
and the equipment itself, including the well, pumps,
tanks, etc., and the lateral feeders as may be
appropriate, to be deeded to the city. A pattern of such
well systems, if developed over the years, will simplify
and make more economical the construction of any
future city-wide water syatem.
(3) Shall have deposited with the clerk-administrator a
sum equal to one hundred twenty-five per cent (125%)
of the eatimated coat as determined by the city
engineer of the following improvements to be con-
structed and furnished within the subdivision, or
shall have given a performance bond in the same
amount to the city to cover the cost of said
improvements. Said improvementa ahall be installed
and completed in accordance with the plana and
1297
§ 22-10 ARDEN HILLS CODE
specifications prepared by the city engineer, and at
the time of such approval of the final plat the city
council may insert a time limit for the completion of
said improvements, and the performance bond or
deposit made by the owner or subdivider shall be in
accordance with such time limitation. Said improve-
ments to be constructed and finished by the owner or
subdivider shall include the following:
a. Street grading of the full width of the right-of-
way, including boulevard, and sidewalk benches
of each street dedicated in the plat.
b. Street surfacing:
1. All streets shall be improved with pavements
constructed to apecification of the city engi-
neer to over-all width in accordance with the
following minimum dimensions:
Type of street Pauement width
(in between face of curba)
Major Arterial . . . . . . . . . . . . . . . . . . . . As agreed upon
with the city
engineer
Minor Arterial . . . . . . . . . . . . . . . . . . . . 44 feet
Collector 38 feet
Local,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 34 feet
2. Pavementa in cul-de-sac turnarounds shall
have a minimum outside diameter of one
hundred (100) feet.
c. Provide turf between pavement edge and lot line.
d. Tree planting. Street trees ahall be planted no
more than eighty-five (85) feet apart with a
minimum of one per lot. They ahould preferably be
placed sig (6) to twenty (20) feet inside the
property line rather than in the boulevard. The
minimum size and type to be planted ahall be as
approved by the city council.
1298
SUBDIVISIONS § 22-10
e. Street markers.
(b) It is hereby declared to be the policy of the city to
proceed as soon as practicable after final approval of a
subdivision plat with inatallations within the subdivision of
I such improvements as may be determined to be necessary
by the city council, such as central wells, water mains,
street grading, street surfacing, sanitary and storm sewers,
water pumping, and storage facilities and hydrants. The city
engineer shall be directed to prepare plans and specifica-
tions for the same upon acceptance of the final plat and
shalI submit his recommendations for such improvements,
together with estimated costa, to the city council. The
council may authorize preparation of such plans and
specifications by an engineer employed by the subdivider at ,
his sole expense and under the direction and subject to the
approval of the engineer. Upon acceptance of the final plat
the council may commence assessment proceedings for the
furnishing and construction of said improvementa within
the subdivision, and may order such of said improvements
as it deems expedient and necessary.
In the alternative, the city council may authorize the
execution of a contract between the city and the subdivider
requiring the subdivider to furnish and to construct said
improvements at the sole cost of the subdivider, in ~
accordance with plans and specifications and usual contract
conditions approved by the council, which shall include
provision for supervision of details of construction by the
city engineer, and grant to the engineer authority to
correlate the work to be done under said contract with other
improvements in the subdivision which may be constructed
by the city under contract with others. The subdivider as
contractor shall furnish a surety bond with penalty equal to
125 times the cost of the improvements to be made under
the contract as estimated by the city engineer, which bond
will be in form required by statute for public contractors
bonds and will identify the improvements and the time
schedule for their completion.
40 1299
~
§ 22-10 ARDEN HILLS CODE
(c) All utilitiea be installed underground as provided in
sections 28-152 through 28-161 of this Code. All under-
ground work shall be completed prior to atreet surfacing.
(d) Sidewalks may be required along both sides of all
streets; pedestrian ways shall be paved and fenced as
approved by the city council.
(e) Concrete curb and gutter ahall be required.
(f) Where on-site sanitary sewer facilities are proposed to
be utilized, soil percolation tests shall be made with the
results presented to the city engineer. The engineer shall
then present a report thereon to the city council, which may
prohibit the use of individual sewer systems, require larger
lot sizes, or otherwise act to protect the public health and
welfare. (Ord. No. 98, § 11, 3-27-67)
Sec. 22-11. Building permit.
, No building permit shall be issued for the construction of
any building, structure or improvement on any land
required to be subdivided by this chapter until all
requirements of thia chapter have been fully complied with.
(Ord. No. 98, § 12, 3-27-67)
Sec. 22-12. Variances and egemptions.
(a) Generally. The city council may grant a variance from
I these regulations following a finding that all of the
f following conditions exiat:
f
' (1) There are special circumstances or conditions affect-
, ing said property such that the strict application of
' the provisions of this chapter would deprive the
applicant of the reasonable use of his land.
(2) The variance ia necessary for the preservation and
, enjoyment of a substantial property right of the
applicant.
(3) The granting of the variance will not be detrimental
to the public welfare or injurious to other property in
the territory in which said property is situated.
1300
L
SUBDIVISIONS § 22-12
In making this finding the council ahall consider the
nature of the proposed use of land and the existing use ol'
land in the vicinity, the number of persons to reside or work
in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions in the vicinity.
In granting a variance as herein provided the council shall
prescribe only sizch conditions that it deems desirable or
necessary to the public interest.
(b) Residential planned unit deuelopment.
(1) Definition and exemptions. For the purpose of this
chapter a"residential planned unit development" is
defined to include a planned development as defined
by the zoning ordinance, as amended, and shall also
include, without limiting the foregoing, town house
developments, apartment projects involving more than
one building, and mixed commercial and residential
developments which are primarily residential in
character. In recognition of the probability that more
attractive residential developments may be fostered by i
the use of varied design techniques available with a ~
planned unit development, the following provisions of !
this section are hereby exempted for residential
planned unit developments when it is proposed that
the dwelling units of such developments are to be
sold, but such exempted developmenta shall continue
to be subject to the remaining provisions of this
paragraph (b). The exempted provisions are as
follows: !
a. Section 22-4. Procedure.
b. Section 22-8(c)(15). Private streets.
c. Section 22-8(d)(2). Pedestrian ways.
d. Section 22-8(e). Easements. e. Section 22-8(f). Blocks.
f. Section 22-8(g). Lots.
g. Section 22-10(a)(3)d. Tree planting.
h. Section 22-10(c). Utilities.
i. Section 22-10(d). Sidewalks.
j. Section 22-11. Building permits.
~ 1301
~
I
I
§ 22-12 ARDEN HILLS CODE
(2) Rules.
a. Streets that are to be dedicated to the public for
public use shall be designed and constructed in
conformity with applicable regulations of the city.
All collector streets and thoroughfares shall be
dedicated.
b. There shall be no minirnum lot size, no minimum
setbacks, no minimum percentage of lot coverage
and no minimum lot width. However, every
single-family dwelling ahall have access to a
street, court or walkway. No structure and no
group of structures (such as semidetached dwell-
ings or a row of town housea) shall be erected
' within twenty-four (24) feet of any other structure
or group of atructures.
c. There shall be no continuous structure of town
houses, attached dwellings, or apartments which
exceed one hundred fifty (150) feet in length unless
the design for structures longer than one hundred
fifty (150) feet is acceptable to the city.
d. The location and arrangement of structures shall
not be detrimental to egisting or prospective
adjacent structures or to e$isting or prospective
development of the neighborhood.
e. Open spaces between structures, including those
spaces being used as public or private recreational
areas, ahall be protected by adequate covenants
running with the land or by conveyances or
! dedications, as the city council ahall specify.
I f. All watercourses, drainage ways, channels,
I streams, lakes and ponding areas ahall be
contained within the common area and no
structure or active facility shall be placed in such
a manner that it will be subject to flooding.
g. Due regard shall be shown for all natural
features, such as tree growth, watercourses,
1302
~
SUBDIVISIONS § 22-12
historic spots, or similar conditions, which if
preserved will add to the attractiveness of the
development.
h. All utilities shall be placed underground and a
blanket easement to the city shall be dedicated
over the common areas.
i. Sidewalks and pedestrianways shall be located at
the discretion of the city.
I j. Trees shall be planted throughout the develop-
ment, with the minimum size and types to be
planted approved by the city, at a minimum of
two (2) per dwelling unit.
(3) Procedure.
a. Preliminary plan.
. 1. Before the developer proceeds to obtain
council approval of the preliminary plat and
final plat of his residential planned unit
development pursuant to the provisiona here-
inafter set forth, he shall firat obtain a special
use permit purauant to the provisions pertain-
ing thereto in the zoning ordinance, as
amended. The documents which the developer
shall submit to the zoning administrator to
obtain a apecial use permit sha1T be those
required, in the discretion of the zoning
administrator, by the zoning ordinance, as
amended, and in addition thereto such of
those documents and information specified in
section 22-5 of thia chapter as the zoning
administrator, in the egercise of his discre-
tion, may require. All of the documents so?,
required and submitted shall constitute, for
purposes of this paragraph, the developer's rf
preliminary plan.
2. The council's approval of the developer's
I ' application for a apecial use permit shall be
deemed likewise to be ita approval of his
1303
~
i
§ 22-12 ARDEN HILLS CODE
preliminary plan. In approving the prelimi-
nary plan, the council may require such
changes, revisions, or modifications thereof as
it deems necessary to protect the health,
safety, convenience, and general welfare of the
city. Such approval is tentative only, involv-
ing merely the general acceptability of the
uses, site, and layout thereof as proposed and
submitted.
3. The date on which the council grants ap-
proval of the developer's application for a
apecial use permit shall, for purposes of this para-
graph, be considered to be the date on which
it has approved his preliminary plan.
b. Preliminary plat.
1. Not later than three (3) months after the
council has approved the preliminary plan for
the developer's residential planned unit de-
velopment, he shall file with the zoning
administrator seven (7) copies of a preliminary
plat for the first phase of such development.
The same number of copies of the preliminary
plat for each succeeding phase shall be filed
with the zoning administrator no later than
the date specified in the preliminary plan, as
approved by the council, for the completion of
the previous phase. If the preliminary plat for
the first phase of the development or that for
any succeeding phase thereof has not been
properly filed by the deadline provided herein
or in the preliminary plan, the council's
approval of the preliminary plan shall be
automatically withdrawn and said plan shall
be considered void unless an egtension of time
is requested in writing by the developer and
for good cause granted by the council.
2. At the time the owner or developer submits
the preliminary plat for the firat phase of his
1304
1
~
SUBDIVISIONS § 22-12
residential planned unit development, he shall
furnish the zoning adminiatrator with an
up-to-date certified abstract of title or regis-
tered property report for the entire tract of
land encompassed by the proposed develop-
I ment and such other evidence as the city
attorney may thereafter require to ahow title
I or control of the tract in the applicant.
i 3. Also at the time of submission of the
preliminary plat for each phase of the
residential planned unit development, the
developer shall pay in cash to the zoning
administrator such application fee for the
entire planned unit development, plus such fee
for each dwelling unit in each particular
phase thereof, as have been established in a
resolution adopted by the council. This fee
shall be used for expenses of the city in
connection with approval or disapproval of
the preliminary plat and any final plat which
may thereafter be submitted.
4. The preliminary plat for each particular phase
shall have incorporated therein all the chang-
' es, revisions, or modifications required by the ,
council in its approval of the preliminary
~ plan. In all other respect, it shall conform
~ with the preliminary plan. The data required
for each preliminary plat shall be the same as '
~ that which is required for a final plat in '
section 22-7 of this chapter; with the eacep- '
~ tion, however, that the developer ahall comply
with the provisiona of subparagraphs 10, 11, ~ and 12 of paragraph (b) of said section 22-7 '
I by providing the items required therein on a ~separate document(s), j
i
I 5. If, at the time he submits the preliminary plat '
for the first phase of his development, the
developer requests that any eaisting special
assessments which have been levied against ~
Supp. No. 3
1305
1
~
~
~
§ 22-12 ARDEN HILLS CODE
the entire tract to be developed be divided and
allocated to the respective lots in the proposed
development, the clerk-adminiatrator ahall
estimate the clerical cost of preparing the
revised asaeasment roll, filing the same with
the county department of property taxation,
and making such division and allocation, and
upon approval by the council of such estimated
cost the same shall be paid to the city treasurer
in addition to the fees required hereinabove to
cover the cost of preparing and filing such
revised assessment.
6. The zoning administrator ahall refer two (2)
copies of the preliminary plat for each phase
of the residential planned unit development to
the planning commission, one copy to the city
engineer, and one copy to the city attorney
and a copy each to the telephone and power
and other utility companiea. The abatract of
title or regiatered property report ahall be
~ referred to the city attorney for his examina-
tion and report.
7. Within sixty (60) days the planning commis-
sion, city attorney, city engineer, and utility
companies ahall report to the council concern-
ing their respective interests in the prelimi-
nary plat. Included in the engineer's report
shall be a cost eatimate for the required
improvements.
8. Within thirty (30) days of its receipt of the last
of the reports required in the previous
provision, the council ahall act upon the
preliminary plat by either approving it,
denying it in whole or in part, tabling it for a
apecified period of time, or referring it back to
the planning commission for further consider-
ation and report back to the council within a
specified period of time. If the preliminary
plat is not approved by the council, the
3upp. No. 3
1306
I
SUBDIVISIONS ; 22-12
factual bases and reasons for such action
ahall be set forth in a written document wluch
shall be transmitted to the developer. If the
preliminary plat is approved, such approval
ahall not conatitute final acceptance of the
proposed development. Furthermore, any ap-
proval of prelirninary plat shall be subject to
the receipt of security in the form and amount
reqaired by section 22-10(a)(3) hereof.
9. Upon certification by the zoning administra-
tor that the required performance bond has
been received and approved by the city
attorney, building permits may be issued for
the conatruction of the buildings, structures,
and improvements in the particular phaae of
the development encompassed by the prelimi-
nary plat so approved.
c. Final plat.
.1. The developer shall file with the zoning
adminiatrator seven copies of the final plat
for each particular phase of his development {
not later than three (3) months after the date +
of the council's approval of the preliminary '
plat therefor; otherwise, the preliminary plat '
ahall be considered void unless an eztenaion
of time to file the final plat ia requeated in
writing by the developer and for good cause ~
granted by the counciL
2. The zoning administrator shall refer two (2)
copies of the final plat to the planning '
commisaion, one copy to the city engineer, and
one copy to the city attorney, and a copy each
to the telephone and power and other utility
companies. Within fifteen (15) days of their ,
receipt of the final plat, the planning commis- '
sion, engineer, and attorney ahall ezamine the '
same and report their recommendations in
~ regard thereto to the council.
Supp. No. 3 '
1307
~
I
§ 22-12 ARDEN HILLS CODE
3. The council shall either approve or disapprove
said final plat at its next regular meeting
following receipt of the reporta required by the
previous provisions hereof. If it is approved by
the council, the developer shall record it with
the county register of deeds or registrar of
titles within sizty (60) days of such approval;
otherwise, the approval of the final plat shall
be considered void. In the event that the plat
is disapproved, the grounds for such disap-
~ proval must be reported in the proceedings of
i the council and duly transmitted in writing to
the developer.
4. The developer shall, immediately upon re-
cording, furniah the zoning adminiatrator with
a tracing and three (3) prints of the final plat
showing evidence of the recording thereof.
(c) Applications required. Application_ for any such
variance shall be in writing by the subdivider at the time
when the preliminary plat is filed for the consideration of
the city council, stating fully and clearly all facts relied
upon by the petitioner, and shall be supplemented with
maps, plans or other additional data which may aid the
council in the analysis of the proposed project. The plana for
such development shall include such covenanta, reatrictions
or other legal provisions necessary to guarantee the full
achievement of the plan.
(d) Minor subdiuisions of unplatted property. In the case
of a proposed subdivision of an unplatted tract of land,
which subdivision is amall in size and of minor importance
and which tract is located in an area where conditions are
. well-defined, the city council, upon review and after report
of the planning commisaion, may eaempt the subdivider
from compliance with some of the provisions of this
chapter. The provisiona from which such subdivision may
be eaempted shall be specified by the planning commission
at its firat meeting at which the subdivider's application
under thia paragraph is presented.
3upp. No. 3
1308 '
~
I
SUBDIVISIONS § 22-12
' Such subdiviaion may even be exempted from the platting
requirements of this chapter and may be allowed to be
accomplished by means of a survey or regiatered land
survey provided that the following requirementa have been
met:
(1) The resultant parcels abut on and have access to an
existing public atreet, road, thoroughfare, or highway;
(2) The subdivision will not involve the opening, widen-
ing, or extension of any public or private atreet, road,
thoroughfare, or highway and will not involve the
dedication, reservation, or construction of any type of
public utility;
(3) The subdivision will not obstruct future streets which
have been planned by the city;
(4) The subdivision will not be detrimental to the public
welfare or injurious to adjacent tracts in the area in
which the subdivision tract is located;
(5) The registered land survey conforms in all respects to
the provisions of Section 508.47, Subdivision 4 of
Minnesota Statutes, as amended, the terms of which
are incorporated herein by reference, or the survey
contains at least the following items:
a. Graphic scale;
b. North-Point;
c. Date of preparation; i
d. Names and addressea of the owner, and registered
land surveyor who prepared the survey;
e. Legal descriptions of the tract as a whole and the
resultant parcels;
f. Location, width, and names of all esisting or
, previously platted streets, roada, thoroughfares, or
highways adjacent to the subdivision tract;
g. Location of all monument, atakes, benchmarks, or
triangulation stations in or adjacent to the
subdivision tract;
Supp. No. 3 1309
I _
§ 22-12 ARDEN HILLS CODE
h. Location and size of existing sewers, water mains,
culverts or other underground facilities within the
subdivision tract and to a distance of one hundred
(100) feet beyond the outer limits of said tract;
i. Boundary lines of adjoining unsubdivided or
subdivided tracts within one hundred (100) feet of
the subdivision tract, identifying the same by
name and ownership;
j. Exiating zoning classification of the district within
which the subdiviaion tract ia located;
k. Total approximate acreage of the subdivision
tract and acreage or square footage of the
resultant parcels;
1. Topographic data, including contours at vertical
intervals in not more than two (2) feet and
depiction of significant featurea on or within the
subdivision tract such as watercoursea, marahes,
wooded areas, rock outcrops, and powers trans-
mission poles and lines;
m. Certification by the registered land surveyor who
prepared the survey.
(6) Monuments or stakes ahall be placed and installed at
all corners and angle points of the resultant parcels;
(7) The resultant parcels will not have setbacks and
dimensions less than those required in the zoning
ordinance, as amended; and
(8) The subdivider has complied with the requirements of
this chapter which the planning commiasion or city
council have made the subdivision by registered land
survey or survey specifically subject to.
Such filing fee as has been established in a resolution
adopted by the council shall be paid the zoning administra-
tor with every application for an exemption under this I
paragraph.
(e) Division or consolidation of platted lots of record. In
the case of an application to divide one or more lota platted
Supp. No. 3
1310
~
SUBDIVISIONS § 22-12
into lots and blocks and designated in a subdivision plat on
file and of record in the office of the recorder or registrar of
titles for the county, into one or more separately described
parcels, or an application for the consolidation of two or
more such platted lots or parts thereof into one or more
tracts, the city council, upon review and after report of the
planning commisaion, may approve such division or
consolidation, upon compliance with the following condi-
tions:
(1) The owner(s) of such platted lot(s) to be so divided or
consolidated ahall file with the zoning administrator a
survey or registered land survey of the lot(s) to be
divided or conaolidated. If a survey is submitted, it
shall comply with the requirements specified in (d)5
above; if a registered land survey is submitted, it ahall
conform to the requirements therefor specified in
Section 508.47, Subdivision 4, of Minnesota-Statutes, as
amended.
(2) The parcels or tracts resulting from such division or
conaolidation, as depicted in said survey or registered
land survey, shall not have an area, dimensiona, or
setbacks which are less than the aninimum require-
menta specified for the zoning district in which the
parcels or tracts are located in the zoning ordinance.
(3) It is determined that the proposed division or
consolidation will not be detrimental to the public
welfare or injurious to adjacent tracts in the area in
which the subdivision tract is located.
(4) The proposed division or consolidation shall conform
to such other requirements of this chapter, including
any of the requirements in paragraph (d) hereinabove,
which the planning commisaion has apecifically made
such division or consolidation subject to at its first ,
meeting at which the application for such division or '
consolidation is submitted. The city council may add
i to or subtract from such requirementa specified by the
planning commiasion additional requirements of this
chapter which it deems necessary for the protection of
Supp. No. 3 ~
1311
I
_
§ 22-12 ARDEN HILLS CODE
the health, safety, general welfare, and convenience of
the city and to secure the objectives of this chapter.
Prior to the city council's granting the owner(s) an
egemption pursuant to this paragraph, the owner(s)
shall comply with all the requirements of this chapter
which the planning commission or city council have
specifically made the division or consolidation sub-
ject.
Such filing fee as has been established in a resolution
adopted by the council shall be paid the zoning administra-
tor with every application for an exemption under this
paragraph. (Ord. No. 98, § 13, 3-27-67; Ord. No. 171, § 1,
4-30-73; Ord. No. 175, § 3, 10-29-73; Ord. No. 217, 26-28,
12-29-80)
Sec. 22-13. Copies of plats.
, Copies of all of such plats of subdivisions, after the same
have been submitted and approved as provided in this
chapter, shall be filed and kept by the clerk-administrator
among the records of the city. (Ord. No. 98, § 14, 3-27-67)
[The ne:t pege is 13631
Supp. No. 3
1312
Chapter 23
SWIMMING POOLS*
Sec. 23-1. Definition.
For the purposes of this chapter a"swimming pool" is
defined as a pool with the capacity referred to in section
23-7 hereof, above or below ground, located on private
property, and not located or proposed to be located within a
building. This definition shall exclude public swimming
pools, defined as pools designed and proposed for general
nonresidential use, not limited to the family and guests of
the residents of the property upon which the pool is located.
(Ord. No. 143, § 2.2, 5-10-71)
Sec. 23-2. Compliance.
No new swimming pool or renovated exiating pool shall be
used until it complies with the provisions of this chapter.
(Ord. No. 143, § 2.6, 5-10-71)
Sec. 23-3. Variances.
The procedures and requirements for variances from the
provisions of this chapter are the same as those prescribed
by the zoning ordinance. (Ord. No. 143, § 5.1, 5-10-71)
Sec. 23-4. Permitted accessory structure.
A swimming pool may be permitted within the city only
as an acceasory structure to a principal building used for
residential purposes. (Ord. No. 143, § 22, 5-10-71)
Sec. 23-5. Use restricted.
A swimming pool shall be for the egclusive use of the
occupants of the principal building and their guests. (Ord.
No. 142, § 2.2, 5-10-71)
•Cross reference-Buildings, Ch. 6.
i 1363
I
7
§ 23-6 ARDEN HILLS CODE
Sec. 23-6. Building code applicable.
A swimming pool is deemed to be a structure under the
. zoning ordinance of the city and all work must be done in
accordance with the city's building code. (Ord. No. 143, §
2.1, 5-10-71)
Crose reference-Building code, § 6-16.
Sec. 23-7. Capacity.
A 1~uild~t shall be required for any awimming
pool wit~ a capacity of
(Ord. No. 143, § 2.3,
5-10-71)
Sec. 23-8. Building permit required.
A building permit ahall be required for any enlargement
or other major alteration of a swimming pool coming within
this chapter or one that will come within thia chapter
because of said enlargement or alteration. (Ord. No. 143, §
2.4, 5-10-71)
Sec. 23-9. Accessory structures.
A separate building permit unleas included in the
swimming pool permit, shall be required for any pump
house, filter house, enclosure for the pool or any other
structure erected in conjunction with a swimming pool. Such
structures shall conform to all provisions of the building
code. (Ord. No. 143, § 2.5, 5-10-71)
Sec. 23-10. Special use permit.
A special use permit purauant to the zoning ordinance
shall be required for the construction of any structure
designed to cover a swimming pool or for the construction of
any accessory structure such as a bathhouse, or other
structure large enough to enclose persons and designed for
the accommodation of persons. Other augiliary atructures,
such as those defined in section 23-9 hereof, ahall require
only a building permit. (Ord. No. 143, § 2.7, 5-10-71)
1364
SWIMMING POOLS § 23-13
Sec. 23-11. Applications.
The application for a building permit to construct or erect
a swimming pool shall be accompanied by plans of
sufficient detail to show:
(a) The proposed location and size of the pool, the house
and garage, fencing and other. features egisting on the .
lot, such as utility locations and trees. Included with
this plan shall be the location of the above features on
all adjacent lots.
(b) The location, size and a statement as to the typea of
equipment to be used in connection with the pool,
including but not limited to, filter unit, pump, wiring,
heating unit, backflush and drainage outlet, fencing
and the pool itself.
(c) The finished elevations and final treatment around
the pool. (Ord. No. 143, § 3, 5-10-71)
Sec. 23-12. Fee.
The normal building permit fee shall be charged for ~
applications made pursuant to this chapter. (Ord. No. 143, §
5.2, 5-10-71)
Sec. 23-13. Location-Generally.
(a) Pools shall not be located beneath overhead utility
lines nor over underground utility lines of any type, and '
shall be located in such manner that it complies with the
provisions of the National Electrical Code, a copy of which
is incorporated herein by reference and is on file in the
office of the clerk-administrator.
(b) Pools shall not be located within any private or public
utility, walkway, drainage, or other easement. (Ord. No. 143,
§ 4.1(1), 5-10-71)
I
1365
§ 23-14 AftDEN HILLS CODE
See. 23-14. Same-Single-family pools.
(a) "Single-family pools" as used herein are defined to be
swimming pools located on single-family residential proper-
ty used for single-family residential purposes.
(b) The outside perimeter of all swimming pool atructures,
including all accessories, ahall not be located within ten (10)
feet of any side or rear lot line. Such single-family pools
shall not be located within any required front yard. (Ord.
No. 143, § 4.1(2), 5-10-71)
Sec. 23-15. Same-Multi-family poots.
(a) "Multi-family pool" as used herein are defined to be
swimming pools conatructed or proposed to be constructed
on residential property used or proposed to be used for
multi-family residential purposes, such as apartment houses
and the like.
(b) The outside perimeter of all awimming pool structures,
including all accesaories, ahall not be located within fifty
(50) feet of any side or rear lot line.
(c) Adequate screening including both fencing and land-
scape treatment shall be placed between awimming pool
structure and adjacent single-family lot lines. (Ord. No. 143,
§ 4.1(3), 5-10-71)
Sec. 23-16. Conatruction and equipment.
(a) The swimming pool shall be designed and conatructed
in such a manner so as not to endanger the health and/or
safety of its users and to not unduly interfere with the use
and enjoyment of adjacent property.
(b) The swimming pool shall have adequate provisions to
properly recirculate, filter, algacide and germicide the water
of the pool and instructions for maintenance of same. (Ord.
No. 143, § 4.2, 5-10-71)
1366
I
SWIMMING POOLS § Sec. 23-17. Water supply and drainage.
(a) Filling of pools via fire hydrants shall require
municipal approval.
(b) There shall be no fixed or direct connection of any
swimming pool to any potable water supply.
(c) Drainage of swimming pools onto public streets or ini public drainage ways shall not be permitted without
municipal approval.
(d) Pools shall be constructed and operated in such
manner that backflush water or water from pool drainage
shall pass into an approved public drainage way or shall
remain on the property of the owner, and water shall not be
permitted to drain from the pool, directly or indirectly onto
property other than that of the owner. (Ord. No. 143, § 4.3,
5-10-71)
Sec. 23-18. Electrical.
All electrical work shall conform to the National
Electrical Code. (Ord. No. 143, § 4.4, 5-10-71)
Sec. 23-19. Safety fencing.
(a) All pools shall be provided with safeguarda to prevent
children from gaining uncontrolled access. This can be
accomplished with fencing or screening or a combination
thereof of sufficient density as to be impenetrable.
(b) All fence openinga or points of entry into the pool area
enclosure shall be equipped with gates.
(c) All gates ahall be equipped with self-closing and
self-latching devices placed on the top of the gate or
otherwise inaccessible to small children. (Ord. No. 143, § 4.5,
5-10-71)
1367
§ 23-20 ARDEN HILLS CODE
Sec. 23-20. Lighting.
Lighting used in connection with swimming poola shall be
adjusted in such manner as not to interfere with the
reasonable use of adjacent property. (Ord. No. 143, § 2.8,
5-10-71)
Sec. 23-21. Noise.
Unreasonably loud noiae in connection with the operation
of a swimming pool is prohibited. (Ord. No. 143, § 2.8,
5-10-71)
[The neat page is 14191
1368
i
I
Chapter 24
TAXATION AND SPECIAL ASSESSMENTS'
Sec. 24-1. Collecting assessments-Purpose,
The council has noted that the Minnesota Legislature has
enacted Chapter 1095, Laws 1969, amending Seetion
429.061, Subdivision 3, providing thereby that the remaining
balance of an assessment, if paid in advance of the regular
scheduled procedure for payment, shall be paid to the
municipal treasurer. It is the purpose of this section to
authorize officials of the county to collect remaining
balances of assessments for improvements in order to afford
property owners and other members of the public the
convenience of making such payment in the same place and
in the same manner that they pay general taxes and
installments of assessments. (Ord. No. 127, § 1, 12-29-69)
Sec. 24-2. Same-Procedure.
Whenever any property owner or other peraon desires to
pay the remaining unpaid installments of any assessment
for improvement, the assesament roll for which has been
certified to the county department of property taxation for
collection with general taxes, the county department of
property taxation is hereby authorized to establish whatever
procedure is necessary to make possible the payment of
said balance to the said county officials in lieu of paying
same to the municipal treasurer as provided in Minnesota
Statutes 1967, Section 429.061, Subdivision 3, as amended.
The said county officials are hereby designated as agents for
the city to collect such assessments and the mechanics there-
of shall be set up by the county department of property
taxation and the city clerk-administrator so that the intent
and purpose of this section can be accomplished. (Ord. No.
127, § 2, 12-29-69)
I •Cross reference-Licenaea, Ch. 13.
3tate law referencea-Taaation end finance, M.S.A. 412.241 et seq.;
M.S.A. Ch. 426.
1419
I
§ 24-3 AR.DEN HILLS CODE
Sec. 24-3. Partial prepayment of assessments permit-
ted.
After adoption of an assessment roll pursuant to Chapter
429 of Minnesota Statutes Annotated, as amended, and
before certification of said assessment roll to the county
department of property taxation the proper officials of the
city are authorized and directed to accept partial prepayment
of said assessments, but not less than fifty (50) per cent
of the amount of any assessment, and reduce the amount
certified ta the county department of property taxation ac-
cordingly. As provided by law, such partial prepayments
may be accepted only during the thirty (30) day period follow-
ing approval of the assessment roll. (Ord. No. 137, § 1, 10-
26-70)
il
[The next page is 1471]
1420
Chapter 25
TAXICABS*
Sec. 25-1. Definitions.
For the purposes of this chapter, the following words and
~ phrases ahall have the meanings respectively ascribed to
them:
Doing business: The operator of a taxicab:
(a) Maintains a garage, office or place of busineas in the
city, or
(b) Regularly receives calls at any location in the city for
the dispatch of his taxicabs.
Operator: Any person owning or having control of the use
of one or more taxicabs.
Taxicab: Any motor vehicle used in the carrying of
persons for hire, whether over afixed route or not, and
whether operating from a street stand or subject to calls
from a garage or elsewhere, but excluding government-
owned vehicles, vehicles regularly used by undertakers in
carrying on their business, or vehicles controlled and
regulated by the state public service commiasion or other
regulatory body of the state. (Ord. No. 160, § 1, 11-13-72) '
Sec. 25-2. Operating order and equipment.
Any operator of a taxicab doing business in the city shall
cause such taxicab to be equipped, at all times he is doing
business, with taximetera plainly visible to riders thereon
and shall maintain any such taxicab in good running order
and in full conformance with all applicable federal and atate
laws and applicable provisiona of this code. (Ord. No. 160, §
5, 11-13-72)
'Cross references-License fee, § 13-69; motor vehiclea, Ch. 15.
3tate Iaw reference-Authority to regulate taaicabs, M.S.A. §
412.221(20).
1471 [The neat page is 1521]
~
Chapter 26
TR.AFFIC*
, Art. I. In General, 26-1-26-21
Art. II. Recreational Motor Vehiclea, 26-22-26-51
Div. 1. Generally, 26-22-26-30
Div. 2. Regulations, 26-31-26-51
ARTICLE I. IN GENER,AI.
Sec. 26•1. Highway Traffic Regulation Act adopted.
Chapter 169 of Minnesota Statutes, 1969, as amended is hereby
adopted by reference. (Ord. No. 157, § 2, 7-10-72)
Sec. 26-2. Penalty.
Any violation of Chapter 169, commonly referred to as the
Highway Traffic Regulation Act, which occurs within the limits
of the city is a violation of this chapter. Any person violating any
provision thereof shall be guilty of a misdemeanor and shall be
punished as provided in section 1-10 of this Code. (Ord. No. 157,
§ 3, 7-10-72)
Sec. 26-3. Winter parking regulations-Generally.
No person shall park any vehicle, except in compliance with the
directions of a law enforcement officer or in compliance with reg-
ulatory parking signs placed by a law enforcement officer, on the
improved portion of any street or highway in the city during the
following time periods:
(1) Between the hours of 1:00 a.m. to 6:00 a.m. from October
15th to April 15th; and
*Cross referenees-Traffic-control in mobile home courts, § 14-33; motor ve-
hicles, Ch. 15; abandoned vehicles, § 16-31 et seq.
State law references-Abandoned motor vehicles, M.S.A. Ch. 16813; highway
traffic regulations, M.S.A. Ch. 169.
Supp. No. 20 1521
I
§ 26-3 ARDEN HILLS CODE
(2) During a period of time commencing immediately after the
accumulation thereon of two (2) inches or more of snow and
continuing until snow removal or plowing has been com-
pleted.
(Ord. No. 129, § 2, 1-12-70; Ord No. 272, 9-24-90; Ord. No.
274, 11-13-90)
Sec. 26-4. Same-Impoundment of vehicle.
Any vehicle parked in violation of section 26-3 is hereby de-
clared to be a traffic safety hazard and nuisance, and the same
may be summarily abated by removing and towing away such
vehicle by or under the direction or at the request of any member
of the police department. Such vehicle shall be stored at such
place within or without the city as may be directed by the police
department; and within fourteen (14) days of such impounding,
the chief of police shall mail written notice thereof to the owner at
his last known address according to the vehicle registration records
of the secretary of state. Before the owner or his agent shall be
permitted to remove the vehicle from the custody of the police, he
shall furnish satisfactory evidence of identity and ownership of
the vehicle, pay all reasonable charges for the towing and storage
of said vehicle and sign a written receipt for said vehicle.
As an alternative to the foregoing, the police officer may re-
quire the owner of an illegally parked vehicle to remove said
vehicle from the subject street or highway during the times lim-
ited above. (Ord. No. 129, § 3, 1-12-70)
Sec. 26-5. Same-Prima facie evidence.
The operation, use or parking of a motor vehicle in violation of
section 26-3 shall be prima facie evidence that said motor vehicle
was at the time of such violation controlled, operated and used by
the owner thereof. (Ord. No. 129, § 4, 1-12-70)
Sec. 26•6. Unreasonable acceleration-Prohibited.
Unreasonable acceleration of any motor vehicle on any public
or private road or way within the city, as unreasonable acceler-
ation is herein defined, is hereby declared to be a public nuisance
and is prohibited. (Ord. No. 108, § 1, 7-29-68)
Supp. No. 20
1522
TRAFFIC $ 26-21
Sea 26-7. 3ame-Definition.
The words, "unreaeonable acceleration" of a mnotor vehicle
is hereby defined as acceleration without apparent reason,
and accannplished in such manner as to cause aquealing or
screeching sounds by the tires or the throwing of sand or
gravel by the tires of said vehicle or both.
Prima facie evidence of such unnecessary ;and unreason-
able acceleration shall be aquealing or acreeching sounds
emitted by the tirea or the throwing of sand or_gravel by the
tires of said vehicle or both. (Ord. No. 108, § 2, 7-29-68)
3ec. 26-8. R.emoval of key when parked-R.equired.
No peraon ahall leave a motor vehicle unattended on any
public road or public property in the city, or upon any
unattended Qarking lot generally held apen for the use of the
public and operated in connection with a commercial or
businesa establishment in the city, without first atopping the
engine, locking the ignition, removing the key from the
ignition of said motor vehicle, and taking'the said key with
him. (Ord. No. 78, § 1, 6-29-64)
Sea 26-9. Same-By police.
' Whenever any police officer of the city 'finds any such
motor vehicle atanding in violation of section 26-8 such
.
police offcer is authonzed and directed to remove therefrom
the ignition key left therein and to deliver the same to the
officer in charge of the police department. (Ord. No. 78, § 2,
6-29-64)
Sec. 26-10. Reserved.
Editor's note-Section 8 of Ord. No: 214, enacted April 27, 1981,
repealed former § 26-10 in its entirety. Said aection pertained to parking at
parks, beaches, etc., and derived from § l of Ord: No. 22, enacted July 29,
1957.
Secs. 26-11-26-21. Reserved.
$upp. No.14 1523
§ 26-22 ARDEN HILLS CODE
ARTICLE II. RECREATIONAL MOTOR VEHICLES
DIVISION 1. GENERALLY
Sea 26-22. Adoption and incorporation by referenco of stat-
utes and regulations.
Sections 84.1 through 84.90 of Minnesota Statutes, as now
constituted and as hereafter amended, together with the regula-
tions of the Minnesota Department of Natural Resources, includ-
ing specifically, but not limited to, Sections NR51 through 59 as
now constituted and as hereafter amended, are hereby adopted
by reference, made a part of this chapter as though completely
set forth herein, and shall regulate the operation of recreational
motor vehicles on lands not owned by the operator within the
city. At least three (3) copies of said statutes and regulations, as
so adopted, shall be marked as official copies and filed in the
office of the clerk-administrator in the city hall. (Ord. No. 190, §
1, 7-14-75; Ord. No. 246, 2, 3, 6-8-87)
Sec. 26-23. Effect of violation of statutes and regulations.
Any violation of the statutes and regulations adopted by refer-
ence in the previous section hereof shall be considered a violation
of this article of the Arden Hills Code when it occurs within the
limits of the city. Any person violating any provision thereof
shall be guilty of a misdemeanor and shall be punished as pro-
vided in section 1-10 of this code. (Ord. Np. 246, § 3, 6-8-87)
Sec. 26-24. Intent.
It is the intent of this article to supplement the laws of this
state with respect to the operation of recreational motor vehicles,
in particular, and Chapters 168 through 171 of Minnesota Stat-
utes, as amended, in general. This article is not intended to allow
what the state statutes prohibit nor to prohibit what the state
statutes expressly allow. (Ord. No. 246, § 5, 6-8-87)
Sec. 26-25. Definitions.
For the purposes of this article, the following words and phrases
shall have the meaning respectively ascribed to them:
3upp. No.14 1524
• TRAFFIC $ 26-31
(a) All-terrain uehicle• An off-road vehicle or motorized flotation-
tired vehicle of not less than three (3) low pressure tires, but not
more than six (6) tires, that is limited in engine displacement of
lesa than eight hundred (800) cubic centimeters and total dry
weight of less than six hundred (600) pounds.
(b) Operate: To ride in or on and control the operation of a
recreational motor vehicle.
(c) Operator: A person who operates or is in actual physical
control of a recreational motor vehicle.
(d) Owner: A person, other than a lien holder, having owner-
ship of or title to a recreational motnr vehicle and entitled to the
use or posaession thereof.
(e) Recreational motor vehicle: A self-propelled vehicle and any
vehicle propelled or drawn by a self-propelled vehicle used for
I recreational purposes including, but not limited to, any snowmo-
bile, trail bike, all-terrain vehicle, hovercraft and other motor
vehicle licensed for highway operation, which is being used for
off-road recreational purposes.
(fl Roadway: That portion of a highway improved, designed or
i ordinarily designed for vehicular traffic.
(g) Snowmobile: A self-propelled vehicle designed for travel on
snow or ice on a natural terrain, steered by wheels, skis or
runners. (Ord. No. 246, § 6, 6-8-87) ,
Secs. 26-26-26-30. Reserved.
DIVISION 2. REGULATIONS
Sec. 26-31. Compliance with statutes.
It sh
all be unlawful for any person to operate a recreationa1
motor vehicle upon the traveled portion of any public street or
highway except in compliance with all provisions and require-
ments of Chapter 169 of the Minnesota Statutes, except those
which by their nature have no application. (Ord. No. 246, § 9,
I 6-$-8?)
Supp. No.14 1525
-
§ 26-32 ARDEN HILLS CODE
Sec. 26-32. Registration. ,
It shall be unlawful `for any person to operate a recreational
motor vehicle within the city'unless such recreational motor
vehicle is currently and validly registered with tlie state and its
' registered number is conspicuously displayed thereon in accord-
ance with state law. (Ord. No. 125, § 3,12-8•69; Ord. No. 246, § 9,
6-8-87)
Sec. 26-33. Operator's age. °
It shall be a violation for any person under fourteen (14) years
of age to make a direct crossing of a trunk, county state aid,
village, or county highway as the operator of a recreational motor
vehicle. A persbn fourteen (14) years of age or older, but less than
eighteen (18) years of age; may make a direct crossing of a trunk,
county state aid, or county highway, or city road, only if he has in
his immediate ppssgssion a valid recreational motor vehicle safety
certificate issued b the com issi
y m oner of publie safety. ,(Qrd: Nn.
125, 3(q), 12-8-69; Ord. N.o. 246, § 9, 6-8-87) ,
Sec. 26-34. Permission tp operate on public property.
It shall be unlawful for any pe.rson to operate a recreational
' motor vehicle upon any lands, except public right-of-ways owned
by the city, countq, state`or school district unless permiasion to do
so is lawfully posted upon such land. (Ord. No. 125, § 3, 12-8-69;
Ord. No. 246, § 9, 6-8-87)
Sec. 26-35. Operation within right-of-way.
It shall be unlawful for any person:
(a) To operate a recreational motor vehicle upon the roadway
of any trunk, county state aid, city or county highway,
and, in the case of a divided trunk or county highway; on
that.portion of the: right-of-way which lies between the
opposing lanes of traff'icy.except as provided herein; :
(b) To operate a recreational motor vehicle within the unpaved
portion of the right=of-way of any trunk; county state aid,
city or county highway between the hours of one-half ('Iz)
hour after sunset to one-half (~/i) hour before sunrise, ex- ~
Supp. No. 14 1526
• TRAFFIC § 26-38
cept on the outer most part of the unpaved portion of the
right-of-way and in the same direction as the highway
traffic on the nearest lane of the roadway adjacent thereto;
and
(c) To operate a recreational motor vehicle at any time within
the right-of-way of any interstate highway or freeway. (Ord.
No. 246, 9, 10, 6-8-87)
Sec. 26-36. Operation on roadway.
It shall be unlawful for any person to operate a recreational
motor vehicle upon the roadway of any city street except as
permitted in section 26-38 hereof. (Ord. No. 125, § 3(p), 12-8-69;
Ord. No. 246, 9, 11, 6-8-87)
Sec. 26-37. Permission to operate on private land.
It shall be unlawful for any person to operate a recreational
motor vehicle upon any privately owned lands without the con-
sent and permission of the owner of such lands, given iri the
manner provided in Section 84-90, Subd. 2, of Minnesota Stat-
utes, as amended, which is incorporated herein by reference and
adopted in section 226-22 of this Code. (Ord. No. 125, § 3(c),
12-8-69; Ord. No. 246, § 9, 6-8-87)
Sec. 26-38. Crossing streets, highways.
With respect to direct crossing of a trunk, county state aid, city
or county highway, such erossings may be made provided:
(a) The crossing is made' at an angle of approximately ninety
(90) degrees to the direction of the highway and at a place
where no obstruction prevents a quick and safe crossing;
and
(b) The recreational motor vehicle is brought to a complete
stop before crossing the shoulder or main traveled way of
the highway; and
(c) The driver yields the right-of-way to all oncoming traffic
which constitutes an immediate hazard; and
Supp. No.14 1527
§ 26-38 ARDB;iv HILLS CODE
(d) In crossing a divided highway, the crossing is made only at
an intersection of such highway with another pubiic street
or highway; and
(e) If the crossing is made between the hours of one•half hour
after sunset to one-half hour before sunrise or in conditions
of reduced visibility, only if both front and rear lights are
on.
Provided, however, that operation upon a street or highway, as
provided herein, may be permitted- without reference to these
restrictions in an emergency during the period of time when and
at locations where snow upon the roadway renders travel by
automobile imipractical. (Ord. No. 125, § 3(0), 12-8-69; Ord. No.
246, § 9, 6-8-87)
Sec. 26-39. Driving under the influence.
It shall be unlawful for any person to operate a recreational
motor vehicle while under the influence of intoxicating liquor or
narcotics or habit-forming drugs. (Ord. No. 125, § 3(g), 12-8-69;
Ord. No. 246, § 9, 6-8-87)
Sec. 26-40. Speed generally.
It shall be unlawful for any person to operate a recreational
motor vehicle at a rate of speed greater than reasonable or proper
under the surrounding circumstances. (Ord. No. 125, § 3(e),12-8-69;
Ord. No. 246, § 9, 6-8-87)
Sec. 26-41. Careless, reckless operation.
It shall be unlawful for any person to operate a recreational
motor veliicle at a careless, reckless or negligent manner so as to
endanger the person or property of another or to cause injury or
damage thereto. (Ord. No. 125, § 3(fl, 12-8-69; Ord. No. 246, § 9,
6-8-87)
Sec. 26-42. Proximity to residences.
It shall be unlawful for any person to operate a recreational
motor vehicle within one hundred (100) feet of a residential
. '
Supp. No. 14 1528
TRAFFIC § 26-47
building, except as permitted in section 26-35. (Ord. No. 125, §
3(a), 12-8-69; Ord. No. 246, 9, 12, 6-8-87)
Sec. 26-43. Protection of vegetation.
It shall be unlawful for any person to operate a recreational
motor vehicle in any tree nursery or planting in a manner which
damages or destroys growing stock. (Ord. No. 125, § 3(h), 12-8-69;
Ord. No. 246, § 9, 6-8-87)
Sec. 26-44. Disturbing peace.
It shall be unlawful for any person to operate any recreational
motor vehicle in a manner which constitutes a public nuisance
and annoys, injures or endangers the health, safety, comfort or
repose of the public. (Ord. No. 125, § 3(1), 12-8-69; Ord. No. 246, §
9, 6-8-87)
Sec. 26-45. Equipment generally.
It shall be unlawful for any person to operate a recreational
motor vehicle, unless it is equipped with at least one headlamp
and one taillamp, a deadman's throttle and brakes, such lamps,
throttle and brakes to conform to state law and to standards
prescribed by the rule of the commissioner of highways pursuant
to the authority vested in him by Section 84.86 of Minnesoxa
Statutes. (Ord. No. 125, § 3(k), 12-8-69; Ord. No. 246, 9, .13,
~ 6-8-87)
, Sec. 26-46. Use of headlight.
It shall be unlawful for any person to operate a recreational
motor vehicle during the hours between one-half hour before
sunset and one-half hour after sunrise without the required head-
• light and taillight being illuminated. (Ord. No. 125, § S(d), 12-8-69;
Ord. No. 246, § 9, 6-8-87)
Sec. 26-47. Muffler. .
It shall be unlawful for any person to operate any recreational
motor vehicle unless such recreational vehicle is equipped with a
standard engine muffler and exhaust system in good operating
Supp. No.14 1529
§ 26-47 ARDEN HILLS CODE
condition, as installed by the manufacturer, except that a muffler
may not be required when the manufacturer has designed and
installed an exhaust system which operates as safely and effi-
ciently without a muffler. (Ord. No. 125, § 36), 12-8-69; Ord. No.
246, § 9, 6-8-87) ,
Sec. 26-48. Noise making devices.
It shall be unlawful for any person to operate any recreational
' motor vehicle which has attached to it any type of noise making
devices intended to amplify noise emitted from such machine,
including, but not limited to, devices commonly known as mega-
phones, expansion chambers, operational cutouts or other similar
devices. (Ord. No. 125, § 30), 12-8-69; Ord. No. 246, § 9, 6-8-67).
Sec• 26-48. Mandatory pennant for recreational motor velucle.
No person shall operate a recreational motor vehicle unless
I such vehicle is equipped with a red or orange blaze pennant flag
of at least forty (40) square inches in area and displayed at a
height of not less than five (5) feet above the treadway. (Ord. No.
246, § 14, 6-8-87)
Sec. 26-50. Operation of all terrain vehicle.
It shall be unlawful far any person to operate an all-ter`rain
vehicle anywhere within the limits of the city from and including
April 1 to and including October 31 of each year. (Ord. No. 246, §
15, 6-8-87)
Sec. 26-51. Inapplicability of regulations to governmental
agencies.
The regulations contained in Chapter 26 of the Arden Hills
Code skall not be applicable to the operation or use of a recrea-
tional motor vehicle by agents, representatives, employees or
officials of governmental agencies while in pursuit of their gov-
ernmental duties or during emergency situations. (Ord. No. 246,
§ is, s-s-s7)
Supp. No.14 [The neat paBe is 15811
1534
~
I
Chapter 27
TftEES AND VEGETATION
Art. I. In General, 27-1-27-16
Art. II. Boulevard Trees, 27-16-27-49
Div. 1. Generally, 27-16-27-30
Div. 2. Permit, 27-31-27-49
Art. III. Protection of Shade Trees, 27-60-27-61
AftTICLE I. IN GENER,AL
Secs. 27-1-27-15. Reserved.
AR.TICLE II. BOULEVARD TREES
DIVISION 1. GENERALLY
Sec. 27-16. Purpose.
The planting of trees on areas in the city dedicated for
public streets, which trees are sometimes referred to herein
as boulevard trees, is a matter of public interest and it is the
purpose of this article to provide a procedure for permitting
such planting under certain circumstancea and subject to
certain regulations as provided herein. (Ord. No. 104, § 1,
3-11-68)
Sec. 27-17. Minimum size.
Only trees which are at least one and one-half inches in
' diameter, measured one foot above the ground, ahall be
planted as boulevard trees within the city. (Ord. No. 104, §
4(a), 3-11-68)
Sec. 27-18. Permitted varieties.
Only the following types of trees ahall be permitted under
the provisions of this article: White or green ash; hackberry;
1581
§ 27-18 ARDEN HILLS CODE
Norwa su r
y, ga or red maple; and linden. Under no
circumstances shall permits be granted for cottonwood
trees. (Ord. No. 104, § 4(a), 3-11-68)
Sec. 27-19. Minimum area.
Permits shall not be granted under the provisions of this
article unless there is at least seven (7) feet between the
curbline and sidewalk line at the pertinent location. The
curbline shall be determined by using the projected street
width rather than the existing pavement location, and the
sidewalk should be asaumed even if it is not present or
anticipated. In no event shall trees be permitted within three
and one-half (31/2) feet of the projected curb. (Ord. No. 104, §
4(b), 3-11-68)
Sec. 27-20. Spacing.
Trees shall not be planted closer than fifty (50) feet
center-to-center, with rbspect to trees which will exceed
under forty (40) feet at maturity; with respect to trees which
will exceed forty (40) feet in height at maturity, the required
spacing shall be at least seventy-five (75) feet center-to-cen-
ter. (Ord. No. 104, § 4(c), 3-11-68)
Sec. 27-21. ftestoration sod.
The applicant for a permit required by the provisions of
this article shall be required to restore the sod to its original
condition after planting. (Ord. No. 104, § 4(d), 3-11-68)
Sec. 27-22. ltesponsibility.
The planter of boulevard trees shall assume responsibility
for maintenance and care of the treea, and shall undertake
to water the trees well during the first growing season. Trees
which do not survive the second growing season ahall be
removed by the planter at his espense. (Ord. No. 104, § 4(e),
3-11-68)
1582
TREES AND VEGETATION § 27-32
Sec. 27-23. Identifying recommended location.
The tree inspector who inspects the site and recommends
the granting of the permit required by this article shall drive
a stake marking the spot for the planting. (Ord. No. 104, §
4(f), 3-11-68)
Sec. 27-24. Prohibited locations.
TTees shall not be planted within twelve (12) feet of any
fire hydrant, utility pole, or other fixture; nor shall they be
planted over any public utility, such as a sewer or a
waterline; nor shall they be planted within fifteen (15) feet
of an intersection; nor in such a manner that on maturity
they will interfere with the visibility of traffic signs or
signals. (Ord. No. 104, § 4(g), 3-11-68)
Secs. 27-25-27-30. Reserved.
DIVISION 2. PERMIT
Sec. 27-31. Required.
The planting of trees on property dedicated as a public
street is prohibited in the city unless permits therefor are
first obtained from the clerk-administrator. (Ord. No. 104, §
2, 3-11-68)
Sec. 27-32. Application.
Applications for a permit required by the provisions of
this division shall be made by the owner of the property '
abutting the proposed location of the tree or trees to be
planted; and shall be on forms provided by the clerk-admin-
istrator. Such applicationa ahall contain:
(a) The name and address of the applicant;
(b) A sketch or other adequate information to indicate the
proposed location of the tree or trees to be planted,
which location shall be given with reference to the
existing edge of the pavement, and the property line
~ of the abutting property;
1583
§ 27-32 ARDEN HILLS CODE
(c) The size and type of proposed tree; and
(d) The exact location of the tree or trees from some fixed
object or point. (Ord. No. 104, § 2, 3-11-68)
Sec. 27-33. Fee.
No charge or fee ahall be imposed for a permit required by
the provisions of this division. (Ord. No. 104, § 2, 3-11-68)
Sec. 27-34. Inspection of proposed location.
Upon receipt of an application for a permit required by
this division the clerk-administrator shall first determine
whether the necessary information ia given and shall then
refer adequate applications to the city forester for process-
ing. The city foreater shall determine by inspection of the
proposed site and application of the standards given herein
whether said application should be granted and shall return
the application to the clerk-administrator with recommen-
dation for or against granting. (Ord. No. 104, § 2, 3-11-68)
Sec. 27-36. Factors to be considered.
In considering the applications for permits the city
forester, board of appeals and council shall consider the size
and type of the proposed tree in relation to other boulevard
trees in the city. In general one speciea of tree ahould not
constitute more than one-half of the boulevard treea in the
city, and in any one block, including both sides of the
street, there should be a minimum of two (2) species and a
maximum of three (3) species of boulevard trees. In
permitting varieties of species to be planted consideration
should be given to the desirability that the apecies conform
as to size upon maturity. To the greatest extent possible,
planting should be permitted in units of a block at one time.
(Ord. No. 104, § 4(h), 3-11-68)
Sec. 27-36. Issuance, denial.
If application for a permit required by thia division and
the proposed location are approved by the city forester, the
1584
~ .
' TREES AND VEGETATION § 27-49
clerk-administrator shall issue the permit on form,s provided
for that purpose. If the application is disapproved, the
clerk-administrator shall notify the applicant, in writing, of
the denial and the reasons therefor. (Ord. No. 104, § 2,
3-I1-68)
Sec. 27-37. Appeal from denial.
The applicant for a permit required by the provisions of
this division may appeal any denial thereof to the city
council by notifying the clerk-administrator, in writing, of
such request within thirty (30) days after receipt of notice of
such denial. The application ahall then be referred to the
board of appeals, which shall consider the application at its
next scheduled meeting and report its recommendation
thereon to the council. If the applicant includes in his
request to the clerk-administrator his desire for a hearing
on the matter, such hearing shall be held before the board
of appeals. After consideration of the recommendation of the
board of appeals, the council shall affirm or reverse the
action of the clerk-administrator. (Ord. No. 104, § 2,
3-11-68)
Sec. 27-38. Liability for maintenance.
All permits granted under this division shall provide that
the granting of the permit places no obligation upon the city
nor does it impose upon the city any requirement for
maintenance of said trees. Any trees planted on a public
street or other public property are placed thereon entirely at
the risk of the planter and any trees so planted may be
removed, trimmed, maintained, moved, or otherwise changed
at any time by order of the council. In the event that
removal of the treea or maintenance of the treea is
considered necessary by the council and is done at city expense
the cost thereof may be assessed against the property owner
or the abutting property owner. All treea planted under such
permits become public property when the planting is
completed. (Ord. No. 104, § 3, 3-11-68)
Secs. 27-39-27-49. R.eserved.
1585
I
§ 27-50 ARDEN HILLS CODE
ARTICLE III. PROTECTION OF SHADE TREES*
Sec. 27-50. Declaration of policy.
The city council has determined that the health of oak
trees and elm trees, hereinafter sometimes collectively
referred to as "shade trees," within the municipal limits are
threatened by fatal tree diseases commonly known as "oak
wilt disease" and "Dutch elm disease" respectively, here-
inafter sometimea collectively referred to as "shade tree
diseases." It has further determined that the loss of shade
trees growing upon public and private property would
substantially depreciate the value of property within the city
and impair the safety, good order, general welfare and
convenience of the public. Accordingly, it is hereby declared
to be the intention of the council to control and prevent the
spread of shade tree diseases, and this article is enacted for
that purpose. (Ord. No. 186, § 1, 3-31-75)
Sec. 27-51. Penalties.
Any person violating the provisiona of this article shall be
guilty of a misdemeanor and, upon conviction thereof, shall
be punished as provided in section 1-10 of this Code. Each
day following the date on which said person was to have
removed any diseased shade tree or wood therefrom, as
specified in written notice thereto given pursuant to the
provisions of this article, said person has allowed the same
to remain on his property, or has allowed the parts or bruah
therefrom to remain on his property, shall constitute a
separate violation hereunder. (Ord. No. 186, § 11, 3-31-75)
Sec. 27-52. Forester.
The position of city forester is hereby created and the
powers and duties of such officer are hereby conferred upon
such person as designated from time to time by the mayor
with the concurrence of the council.
It shall be the duty of the forester to coordinate, under the
direction and control of the council, all activities of the city
'3tate law reference-Shade tree disease control. M.S.A. § 18.023.
1586-
TftEES AND VEGETATION § 27-54
relating to the control and prevention of shade tree
diseases. He shall recommend to the council the details of a
program for the control and prevention of said diseases and
perform the duties incident to such a program as adopted by
the council. (Ord. No. 186, § 2, 3-31-75)
Sec. 27-53. Interference prohibited. ,
It shall be unlawful for any person to prevent, delay or
interfere with the forester or his tree inspector(s) or agents
while they are engaged in the performance of duties imposed
by this article. (Ord. No. 186, § 10, 3-31-75)
Sec. 27-54. Nuisances declared.
The following are hereby declared public nuisancea
whenever and wherever they may be found within the city.
(a) Any living or standing elm tree or part thereof
infected to any degree with the Dutch elm disease
fungus Ceratocystis Ulmi (Buiaman) Moreau or which
harbors any of the elm bark beetles Scolytus
Multistriatus (Marsham) or Hylurgopinua Rufipes
(Eichhoff);
(b) Any dead elm tree or part thereof, including legs,
branches, stumpa, firewood or other elm material from
which the bark has not been removed and burned or
sprayed with an effective elm bark beetle insecticide;
and
(c) Any tree, exclusive of bur or white oak treea, with any
manifestation of oak wilt disease.
It shall be unlawful for any person to permit any public
nuisance, as herein defined, to remain on any premises
owned or controlled by him within the city. Such nuisances
may be abated in the manner prescribed by this article.
(Ord. No. 186, § 3, 3-31-75)
Cross rePerence-Nuieances generally, Ch. 16.
1587
I _
§ 27-55 ARDEN HILLS CODE
Sec. 27-55. Inspection by certified tree inspector.
(a) As soon as possible after the passage of this article
(March 31, 1975), the foreater shall engage one or more
persons, each of whom shall have been issued a certificate
from the Minnesota Department of Agriculture pursuant to
M.S.A. Section 18.023, Subdivision 5, as amended, certifying
that he is a qualified tree inapector, for the purposes of
inspecting any public or private properties, upon prior
notification, to detect ahade trees harboring shade tree
diseases, which inspector(s) shall act as the duly authorized
agent(s) of the forester. Nothing herein ahall preclude the
forester himself from being certified by the state department
of agriculture as a qualified tree inspector and acting as
such on behalf of the city.
(b) The tree inspector(s) ahall inspect all premises and
places, both public and private, within the city as often as is
practicable and at least twice each year-before June 1 of
each year and on or shortly after August 1 of the same
year-to detect and mark the location of all shade trees
infected with shade tree diseases and report the results of
such inspections to the forester immediately after each such
inspection has been conducted. The forester, or such tree
inspector(s), may send appropriate apecimens or samplea to
the state department of agriculture for analysis, or take such
other stepa for diagnosis as may be recommended by the
department. In any event, the forester shall, upon receipt of
the results of such inspections, report them to the council at
its negt following meeting.
(c) In addition to the foregoing inspections, it shall be the
duty of the tree inspector(s) to investigate all reported
incidents of infestation by Dutch elm fungus or elm bark
beetles or any other manifestations of shade tree diseases.
(d) The forester and the tree inspector(s) shall have the
right to enter upon all private premisea within the city,
e$clusive of houses used as private residences, at any
reasonable time for the purpose of carrying out the duties
assigned to them under this article, including inspection,
1588 -
TREES AND VEGETATION § 27-56
treatment, cutting, burning or removing of diseased shade
trees. (Ord. No. 186, § 4, 3-31-75)
Sec. 27-56. Notices to property owners.
After each of the aforesaid inspectiona and investigations,
whenever the forester or the tree inspector(s) has found with
a reasonable certainty that a shade tree or any wood
therefrom harbors shade tree disease to such an extent that
the same constitutes a threat of infestation of shade trees in
proximity thereto, the forester shall mark the diseased shade
trees or wood or both as the case may be in a visibile
manner and notify each owner of real estate within the city
whereon such diseased shade trees or wood, or both as the
case may be, are located, which notice shall contain the
inspection information with respect to diseased ahade trees
upon the property and shall further advise that, in
accordance with the provisiona of this article, the owner is
required to remove said trees or wood, or both as the case
may be, within a time specified in such notice, which shall
be not less than five (5) days nor more than twenty (20)
days from the date of mailing thereof. Such noticea shall be
sent by certified mail with return receipt requested to the
last known address of said owner. In the event that the
certified mail is not delivered, mailing by ordinary mail to
such address shall be deemed sufficient notice.
The notices to be sent under the provisions of this article
shall be sent to the occupant of premises upon which such ;
diseased shade trees or wood, or both as the case may be,
are located, if those premises are occupied, and also to the
owner of such premises, if such owner has an address
different from the subject premisea and such address is
disclose,d by the records of the county department of
property taxation. Reasonable inquiry by the forester or the
tree inspector(s) shall be sufficient to meet this requireinent,
and telephone inquiry of the office of the county department
of property taxation shall be deemed reasonable inquiry for
the purpose of ascertaining such addresses. If the subject
premises are unoccupied, then mailing to the address of the
1589
§ 27-56 ARDEN HILI,S CODE
owner as shown by the recorda of the county department of
property taxation shall be deemed sufficient. (Ord. No. 186, §
5(a), 3-31-75)
Sec. 27-57. Removal of diseased shade trees.
An owner of real estate in the city who is notified of the
existence on his property of shade trees or wood therefrom,
or both as the case may be, harboring shade tree disease
shall within the time specified in said written notice cut
down each said diseased tree, remove all parta, branches
and brush therefrom, and transport all said parts, branches
and brush from said diseased trees and any such diseased
wood from such premises to authorized disposal or chipping
sites; provided, however, that with reapect to the transporta-
tion of wood from diseased elms, it shall be unlawful for any
, person to tranaport within the city any bark-bearing elm
, wood without having first obtained a permit from the
forester who shall grant such permits only when the
purposes of this article will be served thereby.
The owner shall in addition to cutting down and removing
diseased shade trees or removing diseased wood therefrom,
or both as the case may be, poison the stumps of trees
diseased with oak wilt and shall debark to the ground line
' the stumps of trees diseased with Dutch elm disease in such
manner as may be approved by the forester. (Ord. No. 186, §
5(b), 3-31-75)
Sec. 27-68. Abatement by city.
Following the inapections or emergency investigations
provided for in section 27-55 hereof, and upon the council's
' receipt and approval of the report of the foreater of his
I findings as a result of said inspections or investigationa, the
council shall by resolution order the nuisances abated, but
such abatements ahall be postponed until the time apecified
' for each property owner to abate such nuisancea in notices
' thereto, as provided in the previous section hereof, has
egpired without the owner having abated such nuisances as
provided in such notice. In the event the owner fails or
1590
~
TREES AND VEGETATION § 27-60
refuses to abate the nuisances as so required, then the
forester shall abate the nuisances by cutting down diseased
shade trees and removing all parts, branches and brush
thereof, together with any diseased wood of any diseased
shade trees located on the premises, from the premises to
, authorized disposal or chipping sites. The cost of the city's
abating such nuisances in the aforesaid manner shall be
billed to the owner or occupant of premises upon which the
I nuisancea existed and were abated. (Ord. No. 186, § 6,
3-31-75)
Sec. 27-59. Assessment for nuisance abatement.
If the owner, or occupant, shall fail to pay the bill, as
provided for in the previoua section hereof, within thirty (30)
days of the date thereof, the council may then assess the
amount due, plus interest, against the property as a special
asaessment under Chapter 429 of Minnesota Statutes,
installments of which assessment shall in no event be
payable over a period egceeding five (5) years from the date
the same have been levied. On or before October 1 of each
year, the clerk-adminiatrator shall list the total unpaid
charges for each such abatement against each separate lot
or parcel to which the same ia attributable. Thereafter, such
charges may then be spread by the council as a special
asaessment against the property benefited by such abate-
ment, and said assessment certified to the county director of
property taxation as provided by law. (Ord. No. 186, § 7, ,
3-31-75)
Sec. 27-60. Itequest for laboratory testing.
Any owner of real eatate in the city who receives a notice
as provided herein to the effect that ahade treea or wood, or
both as the case may be, on his property harbor shade tree
disease and muat be removed within the time apecified in
i such notice, may request the forester to obtain a laboratory
test of one or more of such trees. Such request must be made
no later than the date on which such trees or diseased wood
are to be removed from the premisea, as apecified in the
1591
§ 27-60 AftDEN HILLS CODE
written notice from the city to the owner as provided herein,
by written notice from the owner to the forester sent by
certified mail with return receipt requeated. Upon receipt of
such request, the forester shall promptly engage the servicea
of the state department of agriculture or a qualified
laboratory to make analyses of appropriate specimens or
samples of the allegedly diseased shade trees. If such
analyses confirm the original diagnosis that said shade
trees are infected or the wood thereof diseased, or both
whichever the case may be, the requesting owner shall pay
all expenses and charges incurred for such analyses by the
city. If the teat discloses that said trees or wood are not so
diseased, the city ahall bear all such costs and the forester
shall remove said treea or wood from the list of diseased
trees. If the test confirms the original diagnosis that the
trees or wood or both as the case may be, are diseased,
notice thereof ahall be sent the owner by the forester as
provided in section 27-56 hereof, and the owner shall
remove such diseased trees or wood or both as the case may
be, within one week after receipt or mailing of such notice,
whichever is final under such provision. (Ord. No. 186, § 8,
3-31-75)
Sec. 27-61. Spraying or treatment of shade trees.
Whenever the foreater determines that any shade tree or
shade tree wood within the city is infected with ahade tree
disease, he may spray or treat all nearby high value shade
trees by such chemical or mechanical means as will be
effective to prevent as fully as poasible the apread of ahade
tree disease thereto. The forester may also cause the
diseased ahade treea or wood to be sprayed or treated by
chemical or mechanical means so as likewise to control the
posaible spread of ahade tree disease to neighboring, high
value shade trees. Such procedure shall be carried out in
accordance with current technical and espert opinions and
plans of the state department of agriculture and under the
supervision of such department whenever possible.
The coats of such chemical means of treatment ahall be
borne by the city. The costs of such mechanical means of
1592
TR.EES AND VEGETATION § 27-61
treatment shall be borne by the owner or occupant of the
premises, the shade trees upon which have been mechani-
cally treated by the city. The owner or occupant of such
premises shall be billed the costs of such mechanical
treatment, and in the event of nonpayment of such bill
within thirty (30) days of the date thereof, the council may
then assess the amount due, plus interest, in the manner
provided in section 27-59 hereof.
The forester shall notify, in the manner provided in
section 27-56 hereof, each owner or occupant of real estate
within the city of the date after which ahade trees on his
property shall be chemically or mechanically treated, which
date shall not be less than five (5) days from the date of
mailing such notice. (Ord. No. 192, § 1, 8-25-75)
[The neat page ia 16431
1593
Chapter 28
UTILITIES*
Art. I. In General, 28-1-28-16
Art. II. Water, 28-16-28-88
Div. 1. Generally, 28-16-28-40
Div. 2. Connections, 28-41-28-54
Div. 3. Rates and Charges, 28-55-28-65
Div. 4. Meters and Hydrants, 28-66-28-88
Art. III. Sewers, 28-88-28-161
Div. 1. Generally, § § 28-89-28-107
Div. 2. Construction Rsquirements, 28-108-28-125
Div. 3. Rates and Chazges, 28-126-28-136
Div. 4. Sewer Availability, 28-137-28-151
Art. IV. Underground Installation of Distribution Lines,
28-162-28-161
AftTICLE I. IN GENERAL
Secs. 28-1-28-15. lteserved.
AftTICLE II. WATERt
DIVISION 1. GENERALLY
Sec. 28-16. General operation aad administration.
(a) The city water system (hereinafter called the water
system) shall be operated as a public utility and convenience
from which revenue will be derived, subject to the provisions
of this article.
'Cross references-Building, Ch. 6; mobile homes, Ch. 14; planning
and zoning, Ch. 20; subdivisions, Ch. 22.
3tate law referencea-Utilitiea, M.S.A. § 412.321 et seq.; municipally
owned utilities, M.S.A. Ch. 453; waterworka, sewera, drains, atorm sewers,
M.S.A. Ch. 444.
ii:ross reference-vVater wells, § 6-161 et seq.
3tate law referencea-Waterworka, M.S.A. Ch. 456; authority to
provide for waterworks, M.S.A. § 412.221(11); sewer and water connectiona,
M.S.A. § 421.221(31).
1643
I _ _
§ 28-16 ARDEN HILLS CODE
(b) The general administration of the water system shall
be under the direction and control of the commissioner of
public works, who shall report to the council upon request of
the council. The commissioner of public works is hereinafter
referred to as the commissioner. He is authorized to appoint
representatives, either salaried or nonsalaried, to discharge
the duties provided by this article and such other
responsibilities as may arise in administration of the water
system. The clerk-administrator shall be promptly and fully
advised as to the appointment of such representatives.
(c) The clerk-administrator ahall be responsible for the
keeping of records relating to the water system, including
records of permits and financea in connection therewith, but
shall report thereon to the commisaioner.
(d) The city engineer shall perform the dutiea provided for
him in this article and shall provide such additional
consultation and advice as the commisaioner shall request
from time to time.
(e) Referencea herein to the water system ahall not be
deemed to apply to privately-owned wells unless the
language used specifically requirea such application. (Ord.
No. 103, § 1.1, 11-13-67)
Sec. 28-17. Use of water restricted to authorized
persons.
No person shall make, conatruct, or install any water
service installation or make use of any water service which
is connected to the water system egcept in the manner
provided in this article. (Ord. No. 103, § 12, 11-13-67)
Sec. 28-18. Wilful damaBe to water sYstem.
, No person shall remove, alter, damage, or treapass upon
any structure, appurtenance or property of the water
, system, or cause water to be conaumed, diverted, restricted,
wasted or contaminated in any manner unless the same is
permitted pursuant to a written authorization or permit from
the city. (Ord. No. 103, § 1.3, 11-13-67)
1644
UTILITIES § 28-19
Sec. 28-18. Discontinuance of service for violations.
(a) Subject to the provisions of subsection (b) of this section,
water service may be shut off at any stop box connection whenever:
(1) The owner or occupant of the premises served, or any other
person working on any pipes or equipment thereon con-
nected with the water system, has violated or threatens to
violate any of the provisions of this article.
(2) Any charge for water, service meter or any other financial
obligations imposed hereunder for the premises served by
the connection are unpaid for a period of two (2) consecu-
tive calendar-year quarters.
(3) Fraud or misrepresentation by the owner or occupant of
the premises served in connection with the application for
service.
(b) Water shall not be shut off under subsection (a) hereof until
notice and an opportunity for a hearing shall have first been
given to the cecupant (the "customer") of the premises involved.
The notice shall be personally served in the same manner as
summonses in civil actions and shall state that if payment, proof
of payment or proof of no violation of subsections (axl) or (03)
above have not been made before a date specified in the notice,
but not less than thirty (30) days after the date on which the
notice has been given, the water supply to the premises shall
be shut off. The notice shall clearly inform tHe customer of the
available opportunities to present the city his/her objections to
the bill or the violation claimed in the notice and shall identify
the telephone number, address and officer or employee of the city
who will receive the customer's payment and/or review the cus-
tomer's facts and files and has authority to decide whether pay-
ment has in fact been made or a violation has not occurred, to
correct any errors in billing and to arrange for credit terms. The
notice shall also state that the customer may, before such date,
demand in a writing (which shall contain the customer's return
address) a hearing on the matter.
If, by the date specified in the notice, the city has received the
customer's demand for a hearing, then the city ahall not shut off
the customer's water supply until after the hearing has been
Supp. No.. 16 1645
I
' § 28-19 ARDEN HILLS CODE
held, and the panel required hereinbelow has determined that
the water supply should be discontinued. If the customer has paid
to the city his/her delinquencies, plus the cost of serving the
aforesaid notice upon him/her, or has furnished the city with
proof of such payment satisfactory to the officer specified in the
notice, or has cured any nonmonetary violations to the satisfac-
tion of such off"icer-by the date specified in the notice-then the
city shall not shut off the customer's water supply.
If the customer demands a hearing in writing-which demand
must be received by the city before the date sgecified in the
aforesaid notice and must specify the customer's return address
or post office address for purposes of the notice of hearing re-
quired in the next sentence hereof-the clerk-administrator shall
appoint a panel of three (3) impartial residents of the city who
shall hold a hearing on the matter with reasonable promptness
after the appointment of the last of the three (3) members on the
panel. No less than seven (7) days' written notice of the hearing
of the panel shall be given to the customer. The notice of hearing
shall specify the date, time and place of the hearing and the
purpose thereo£ It shall be sent by certified or registered mail,
return receipt requested. The date it is deposited in the U.S. mail
° system is the date that it shall be deemed to have been given.
If, as a result of the hearing, the panel finds that the amount
claimed to be owing is actually due or that the customer has
committed one (1) of the nonmonetary violations described in
subsections (a)(l) and (a)(3) above, and that there is no legal
reason why the water supply of the delinquent customer may not
be shut off in accordance with this section, then the citY shall be
authorized to shut off the supply. Where the violation is a non-
monetary one, the panel shall specify the cure for such violation,
if any, and give the customer a reasonable opportunity to effect
such cure before authorizing the city to disconnect the water
supply.
(c) When water service to any premises has been discontinued,
service shall not be restored except upon payment of all delin-
quent amounts due, or correction of the nonmonetary violation of
subsections (a)(l) or (a)(3) hereof to the satisfaction of the clerk-
administrator, plus the costs for serving the notices required
hereinabove and plus a fee for disconnection and reconnection in
Supp. No. 16
1646
UTILITIES § 28-23
such amounts as are from time to time established by resolution
of the council. (Ord. No. 103, § 1.4, 11-13-67; Ord. No. 258, § 1,
6-13-88)
Sec. 28-20. Deficiency and shutting off water.
The city skall not be liable for any deficiency or failure in
the supply of water to consumers, whether occasioned by
shutting the water off for the purpose of making repairs or
connections, or from any other cause whatever. In case of
fire, or alarm of fire, or in making repairs or construction of
new works, water may be shut off at any time and kept shut
off as long as necessary. (Ord. No. 103, § 1.5, 11-13-67)
Sec. 28-21. Supply from one service.
No more than one housing unit or building shall be
supplied from one service connection except by special
permiasion of the commissioner. Whenever two (2) or more
such housing units or buildinga are supplied from one pipe
connecting to a diatribution main each building or part of
building muat have a separate stop box and a separate
meter. (Ord. No. 103, § 1.6, 11-13-67)
Sec. 28-22. Tapping of mains prohibited.
No person except those duly authorized by the city shall
tap any distributing main or pipe of the water supply
system, or inaert stop-cocks or ferrulea therein. (Ord. No.
103, § 1.7, 11-13-67)
Sec. 28-23. Repair of leaks.
It shall be the responsibility of the consumer or owner to
• maintain the service pipe from the curb bog into the house
or building. In case of failure upon the part of any consumer
or owner to repair any leak occurring in his pipe within
twenty-four (24) hours after verbal or written notice thereof,
the water will be shut off and will not be turned on until the
sum of ten dollars ($10.00) has been paid and the leak
repaired. When the waste of water is great, or when damage
is likely to result from the leak, the water may be turned off
immediately pending repairs. (Ord. No. 103, § 1.8, 11-13-67)
Supp. No. 16 1646.1
§ 28-24 ARDEN HILLS CODE
Bec. 28-24. Abandoned services.
(a) All service installationa that have been abandoned or
have not been used for three (3) years shall be disconnected
at the main by the city. All pipe and appurtenancea removed
therefrom shall be the property of the city and any expense
of the city in connection therewith shall be charged to the
property.
(b) When new buildings are erected on the site of old
ones, and it is desired to increase or change the old water
service, no connectiona with the mains shall be made until
all the old service shall have been removed and the main
connection plugged by the city. Any expenae of the city in
connection therewith shall be charged to the property.
Notwithstanding the foregoing, the commissioner shall have
power, in his discretion, to permit continuance of the old
service until the new service is connected to the property,
when immediate removal of the old service would constitute
a hardship. (Ord. No. 103, § 1.9, 11-13-67)
Sec. 28-26. Service pipes.
Every service pipe muat be laid in such manner as to
allow not less than one foot of eatra length and in such
manner as to prevent rupture by settlement or otherwise.
Supp. No. 16
1646.2
UTILITIES § 28-29
The service pipe must be placed no less than seven (7) feet
below the surface and in all cases so arranged as to prevent
rupture by freezing. Joints in service pipe or tubing shall be
kept to a minimum, with not more than one aplice or
coupling joint in each seventy (70) feet of length. (Ord. No.
103, § 1.10, 11-13-67)
Sec. 28-26. Use confined to premises.
No person shall permit water from the water system to be
used for any purpose except upon his own premises unless
written consent is obtained from the commissioner. (Ord.
No. 103, § 1.12, 11-13-67)
Sec. 28-27. Connections at or beyond city limits.
Where water mains of the city or an adjacent municipality
are in any street or alley adjacent to or outaide the corporate
limits of the city, the commissioner may isaue permits to the
owners or occupants of propertiea at or beyond the city
limits and accessible to such water mains to make water
service pipe connections with such mains and to be supplied
with water therefrom in accordance with the applicable
provisions of this article and all pertinent and applicable
contract provisions. (Ord. No. 103, § 1.13, 11-13-67)
Sec. 28-28. ltestrictions and limitations of water use.
All water customers shall be subject to applicable
regulationa of the city or other regulations to which the city
is subject by contract relating to limitations in the time and
manner of using water or relating to the preservation,
regulation and protection of the water supply. (Ord. No. 103,
§ 1.14, 11-13-67)
Sec. 28-29. Private water supplies.
No water pipe of the water system ahall be connected with
any pump, well, tank, or piping that is connected with any
other source of water supply unless such connection is
approved by the commissioner in accordance with contract
1647
§ 28-29 ARDEN HILLS CODE
responsibilities of the city and any other pertinent
regulations. (Ord. No. 103, § 1.11, 11-13-67)
Sec. 28-30. Private wells.
Private wells may be maintained and continued in use
after connection is made to the water system, provided there
is no means of cross-connection between the private well
and municipal supply at any time. Hose bibba or faucets
equipped with hose threads that will enable the cross-con-
nection of the two (2) systema are prohibited on internal
piping of the well supply system. The threads on the drain
or the bibb of the well volume or compression tank shall be
removed or the drain bibb replaced with a sink faucet
without hose threads. Where both private and city systems
are in use outside hose bibbs will not be inatalled on both
systems. (Ord. No. 103, § 1.15, 11-13-67)
Sec. 28-31. Use of water for air conditioning.
All air conditioning syatems which are connected directly
or indirectly with the public water syatem must be equipped
with water conserving and water regulating devices as
approved by the commisaioner. (Ord. No. 103, § 1.16,
11-13-67)
Sec. 28-32. Permits required for air conditioning.
Permits shall be required for the inatallation of all new air
conditioning syatems connected directly or indirectly to the
public water system. Said permit shall be on forms as
provided by the city. (Ord. No. 103, § 1.17, 11-13-67) Sec. 28-33. Connections barred.
No connection shall be allowed to a building piping
system that contains any connection, figture, or source of
pollution not allowed by the state plumbing code, the St.
Paul Water Department, or regulations of the city of
Roaeville. (Ord. No. 103, § 1.18, 11-13-67)
Secs. 28-34-28-40. Reserved.
1648
~
~
UTILITIES § 28-41
DIVISION 2. CONNECTIONS
Sec. 28-41. Applications.
(a) All applications for permits for service installations
and for water service connectiona shall be made to the
clerk-administrator on printed forms furnished by the city.
(b) Applications for permits for service inatallation ahall
be made by the owner of the property to be served or by the
owner's agent and shall atate the size and location of service
connection required. The applicant shall, at the time of
making application, pay to the city the amount of feea or
deposit required for the installation, all as hereinafter
provided.
(c) When the sezvice has been installed, application for
water service may be made to the clerk-administrator by the
owner, his agent, or the tenant or occupant of the premises.
(d) The size of water service meters shall be subject to
approval of the commisaioner in the case of nonresidenti8l
service.
(e) A meter spacer with tailpiece couplings will be
furnished to the plumber at the time a connection permit
is issued. Meter spacers will be picked up when the meter is
inatalled under city supervision after completion of water
service inatallation.
(f) The plumber shall notify the clerk-administrator
within twenty-four (24) hours after piping is complete and
ready for meter installation, giving street address and
service installation permit number. Such inspection as the
commissioner shall deem appropriate shall then be made on
behalf of the city. In all cases connection to the syatem
must be made within sixty (60) days after the permit is issued. '
(g) Water billinga shall start at the time of the installation
of the water meter; or in the event the water meter is not
installed within thirty (30) days, ahall commence upon the
thirty-first day from the date of the permit, and shall be
Supp. No. 3
1649
. ...J
; 2&41 AR,DEN HILL3 CODE
calculated upon the minimum quarterly rate, prorated on a
monthly basis. (Ord. No. 103, § 2.1, 11-13-67)
3ec. 28-42. Service charges.
(a) Permits must be obtained to connect to the existing
water service leads at the curb box and the interior
plumbing. The permit fee for each of these connections and
the permit fee for both of them shall be as established from
time to time in a resolution adopted by the council. No
permit shall be issued except to a licensed plumber.
(b) In the event that, through the fault or omission of the
owner of the subject property, a curb box or a service lead
has not been installed for the property, then additional fees
shall be paid at the time of making application for tapping
the water main, which charges shall be as follows:
(1) For the installation of a one-inch service connection
where the installation is to be in an unsurfaced street,
the fee shall be as established in a resolution adopted
by the council. This fee shall include the tapping of
the water main, the installation of the service line,
and the installation of the curb stop and box.
(2) For the installation of a one-inch service connection
where the installation is to be upon a surfaced street,
the fee shall be such fee as has been established by
the council in a resolution adopted thereby for the
restoration of a typical road-mix bituminous street,
but where the installation involves the restoration of a
higher type street, the fee shall be such as has been
set by the city engineer on the basis of the cost of
restoration. In any such installation, the location of
the main shall be obtained from the city engineer. The
foregoing fee shall be in addition to the fees set in
paragraph (a) hereof. All backfill materials shall be
mechanically compacted in twelve-inch layers in
place in roadway area to existing street grade.
(3) In the event of connectiona larger than one inch the
fee in addition to that set forth in paragraph (a)
Supp. No. 3
1650
UTILITIES § 28-44
hereof shall be fized by the city engineer on the basis
of the eatimated cost of installing the service.
(c) A service charge in the amount established by the
council in a resolution adopted thereby will be made for
turning on water where service has been turned off for
violation of any provision of this article, except for cases
subject to section 28-23 hereof, where the higher charge
shall be made. (Ord. No. 103, § 2.2, 11-13-67; Ord. No. 217,
29-31, 12-29-80)
Sec. 28-43. Time for connections.
If, for any cause, the plumber or contractor laying the
service pipe should fail to have the connection made at the
time specified in his application, notice must be given the
clerk-adminiatrator fixing another day on which he wishea
to make connection. The notice must be given at least two
(2) days previous to the excavation for laying of the aervice
pipe, and the connection must be made before 4:30 p.m.,
egcept in special cases, and then the work ahall be done
only upon written order from the commiasioner. In any
event, as hereinbefore provided, connection must be made
within sigty (60) days after the permit ia obtained. (Ord. No.
103, § 2.3, 11-13-67)
Sec. 28-44. Property assessments.
Before a permit for water main tapping as provided in
section 28-42 hereof shall be isaued the following conditions
shall be complied with:
(a) A connection permit to service, directly or indirectly,
any lot or tract of land shall not be iasued until the
clerk-adminiatrator shall have certified to one of the
following:
(1) That such lot or tract of land has been asaeased
for the cost of conatruction of the water main with
which the connection ia to be made; or
(2) If no asseasment has been levied for such
construction cost, the proceedings for levying such
Supp. No. 3
1651
~
$ 28-44 ARDEN HILLS CODE
assessment have been or will be completed in due
course; or
(3) If no assessment has been levied and no
assessment proceedings will be completed in due
courae, that the city has been paid an amount
equal to the estimated assessment against said lot
or tract for the construction of said main.
(b) If for any reason the clerk-administrator cannot issue
a certificate as provided by the preceding subaection
(a), and there has been an assessment proceeding in
connection with the construction of said main, then
the city engineer shall compute the assessment which
would have been levied againat the subject lot or
parcel on the same basis as asaessments previously
levied against other property for said main, and the
clerk-adminiatrator's certificate may be issued upon
payment of said amount to the clerk-adminiatrator. In
the event that there has been no assessment
proceeding in connection with the laying of said
main, the city engineer ahall compute the charge to be
made for the connection on the basis of the benefit to
said property from the construction of said main, and
the clerk's certificate shall be isaued upon payment of
such charge.
In lieu of requiring payment of the charge as
computed hereunder at the time the connection permit
is issued the council ma u on re uest of a ro ert
Y~ P q P P Y
owner desiring such connection, certify said amount to
the county department of property taxation, together
with a legal description of the premises served, to the
end that such connection charge ahall be paid in equal
installments over a period of twenty (20) years, with
interest thereon at the rate of six (6) per cent per
annum, in the same manner as provided for collection
of asaessmenta in Chapter 429 of Minnesota Statutes
Annotated, as amended. (Ord. No. 103, § 2.4, 11-13-67;
Ord. No. 111, § 2, 12-9-68)
Supp. No. 3
1652
~
UTILITIES § 28-45
Sec. 28-45. Turning on water.
No person other than an authorized city employee shall
turn any water supply on or off at the atop bos without
permisaion from the commiasioner. (Ord. No. 103, § 2.7,
11-13-67)
w
Supp. No. 3
1652.1
J
UTILITIES § 28-48
Sec. 28-46. Location of stop boxes.
Curb stop boxes will be xnstalled at a point on the
property line moat suitable to the property and shall be left
in an accurate vertical position when back-filling ia
completed. Curb atop boxea will be installed at an
approximate depth of seven (7) feet below the grade
established by the city engineer: (Ord. No. 103, § 2.5,
11-13-67)
Sec. 28-47. Supervision by plumber.
All piping connectiona from curb box to house supply
piping shall be made under the supervision of a licensed
plumber. (Ord. No. 103, § 2.6, 11-13-67)
Sec. 28-48. Connections within city to systems out-
side city.
The council recognizes that in certain border areas of the
city water service for property in the city may be more
economically and conveniently obtained from water systems
outside of the city. The council also recognizes that
connection charges may be imposed by other municipalities
for such service to property in the city, which connection
charges are usually required to be paid in a lump sum at the
time of connection, thus imposing a hardship upon the
property owner in the city. Since all property in the city
bears a greater tax burden because of the establishment of
the city's municipal water system, the council considers it
equitable to aid property ownera thus required to obtain
water service from other syatems.
(a) In the event a city property owner requests water
service of this city, and the city engineer advises this
city that the property concerned is a border area to
which water service may be best supplied, on a
practical and economic basis, from a water system
other than that of this city, upon recommendation of
I the commissioner of public works of this city the
council may permit connection to such outside water
1653
~I
§ 28-48 ARDEN HILLS CODE
system and permit payment of connection charges in
the manner provided herein.
(b) Such charge as may be made by another municipality
for permitting such connection to its water system
may be paid to the other municipality by this city
from the city's general fund. Such payment shall not
be made unlesa the requeat to proceed hereunder is
made in writing by the city property owner, with the
status of the property owner to be conclusively
presumed from the records in the office of the county
department of property taxation. If the peraon in
- possession of said premises is other than the record
property owner such person must join in the request.
(c) Each connection charge paid by the city as provided
in subsection (b) hereof ahall be divided into twenty
(20) equal inatallments, and one equal installment,
with six (6) per cent interest per annum from the date
of payment of the city, shall be certified to the county
department of property taxation, together with the legal
description of the premises served, for payment together
with the taxes upon such property. The remaining nine-
teen (19) installments, with interest on each as afore-
said, shall be certified in the same fashion, one each
year until the entire balance with interest is paid. The
balance of said installments, with interest thereon at
said rate to the date of payment, may be paid to the city
at any time before any installment is certified. Said
charges shall also be collectible, if required, directly
from the owner, lessee, or occupant of said premises, as
provided in Section 444.075 of Minnesota Statutes
Annotated, as axnended. (Ord. No. 111, § 2.8, 12-9-68)
Secs. 28-49-28-54. Reserved.
DIVISION 3. RATES AND CHARGES
Sec. 28-65. Keeping water accounts.
All water accounta shall be kept by the clerk-adminiatra-
tor by house and atreet number and under the account
1654
-
UTILITIES g 28-66
number asaigned thereto, and also by the name of the owner
or of the person signing the application for service. Bills and
notices sent out by the clerk-administrator shall be eent to
the house or atreet number of the party. If nonresident
ownera or agents wish notice sent to a different addresa they
shall file an application therefor with the clerk-administra-
tor. Any error in addresa ahall be promptly reparted to the
clerk. (Ord. No. 103, § 3.1, 11-13-67)
3ec. 28-66. Water rates.
(a) The rate due and payable by each water user within
the city for water taken from the water syatem ahall be as
established in resolutiona adopted from time to time by the
city council.
(b) In case the meter is found to have stopped, or to be
operating in a faulty manner, the amount of water used will
be eatimated in accordance with the amount used previously
in comparable perioda of the year. If no comparable period
is available the commissioner ahall set an eatimated charge
on the basis of his beat judgment.
(c) Where service is for less than a quarterly period the ;
quarterly charge will be prorated on a monthly basis.
(d) Rates due and payable by each water user located
beyond the territorial boundaries of the city shall be
determined by special contract.
(e) In case a service pipe is connected to the atop boz and
laid into the building, but the property owner doea not wish
to connect immediately to the building piping for use, the
minimum rates ahall be charged as provided in subsection
(a) hereof.
(t) In the event the water customer e;ects to discontinue
use of municipal water the minimum charge shall continue
until such date as the service pipe is ezcavated and
disconnected at the stop boa.
(g) In addition to the foregoing charges for water
consumption, each water user within the city ahall pay an
16 $upp. No. 3
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128-56 ARDEN HILL3 CODE
additional quarterly demand charge for the purpose of
covering certain fized coats of the city in maintaining the
municipal water syatem, which charges ahall be as
established in resolutions adopted from time to time by the
city council.
The owner of a parcel of improved residential property,
any portion of which is located within four hundred (400)
feet of a fire hydrant, shall also pay such quarterly demand
or standby charge as is established from time to time by
resolution adopted by the city council, even though such
property is not connected to the municipal water aystem.
Similarly, the owner of any parcel of improved or
nonresidential property, any portion of which is located
within four hundred (400) feet of a city fire hydrant, shall
pay such quarterly demand or standby charge as is
established by a resolution adopted from time to time by the
city council.
(h) Reserved. (Ord. No. 142, § 32, 3-29-71; Ord. No. 166, §
1, 12-11-72; Ord. No. 208, § 1, 6-25-79; Ord. No. 217, § 32,
12-29-80)
Sec. 28-87. Payment ot charges.
Statements for total water charges for the preceding
quarterly period shall be mailed by the clerk-administrator
to each customer on or before the twentieth day of January,
April, July and October of each year. Such statements shall
be due on the lest day of the month following the quarterly
period covered by such statement. Any prepayment or
overpayment of charges may be retained by the city and
applied on aubsequent quarterly atatements. (Ord. No. 119, §
1, 8-11-69; Ord. No. 166, § 2, 12-11-72)
Sec. 28-68. Dellnqnency peaaltiea and collection ot
delinqaent charges.
(a) A delinquency penalty of eight (8) per cent of the
unpaid water bill for chargea hereunder shall be charged,
effective on the date atated, in accordance with the following
schedule:
3upp. No. 3 •
1656
r
, UTILITIES § 28-58
For the lst quarter-June 1
For the 2nd quarter-September 1
For the 3rd quarter-December 1
For the 4th quarter-March 1
If the delinquency date falla on a nonbuainesa day for the
city hall, the penalties ahall be impoaed on the nert busineas
day, but firat crediting payments received on that day.
(b) Ezcept es provided in paragraph (f) hereof, the
aforesaid delinquency penalty ahall be impoaed upon and
added to all unpaid water bills by the clerk-administrator
and mailed in the usual courae at the neat regular billing
date, showing in the same bill the current billing; e.g., July
20, after the first penalty date.
(c) The council has noted that under section 28-57 hereof
I bills are due at the end of the billing month, and
accordingly the delinquency charge hereunder will be
imposed more than a month after the due date of a billing.
(d) Any amounts due for water chargea hereunder may be
collected in a civil action brought for that purpose in the name ~
of the city; or the clerk-adminiatrator, upon direction t6ereon 1
by the council, may certify to the county department of
property tagation the amount due, together with the legal de- ~
scription of the premises served, and the clerk-adminiatrator,
in so certifying, shall add to such amount as a separate item,
in addition to the delinquency penalty hereinbefore provided,
an additional delinquency penalty of eight (8) per cent of the
original unpaid amount, inclusive of any previous delin-
quency penalty. The county department of property tazation
shall thereupon enter such amount as part of the taz levied
on said premises to be collected' during the ensuing year. No
additional delinquency penaltiea hereunder shall be added to
unpaid bills after certification to the county department of
property tazation as provided herein. To avoid impoeition of
this additfonal delinquency penalty, payment in full of the
unpaid .water bill and the original or previous delinquency
penalty must be received by the clerk administrator no later
than October 5. (Ord. No. 154, § 3.4, 3-27-?2; Ord. No. 166, ~
3, 12-11-72; Ord No. 232, § 1, 11-28-83) Supp. No. 8 1657
1
t
~
§ 28-59 ARDEN HiLL4 CODE
Sec. 28-69. Waiver oi minimum oayments !or senior
citizens or disatiled citizens.
The council may, by resolution pasaed in ita reasouable
discretion, waive minimum payments required unddr this
division where such cbarges are unpoeed upon property
owned or occupied by citizens sizty-fve (65) yeara of age or
older or citizena who are totally disabled within the
meaning of Social Security regulations. (Ord. No. 166, § 5,
12-11-72)
Seca. 28-60-28-65. Reserved.
DIVISION 4. METERS AND HYDRANTS
3ec. 28-66. Meter required.
No person shall use water from the water system or
permit water to be drawn therefrom unless the water is
metered by passing through a meter supplied or approved by
the city; provided, however, this requirement ahall not apply
to water withdrawn by suthorized city employees acting on
city business or to water withdrawn for use in fire-fighting.
Unlesa authorized by the commasaioner, no peraon shall
connect, diaconnect, take apart, or ih anq manner change or
cause to be changed, or interfere with any such meter or the
action thereof. (Ord. No. 103, § 4.1, 11-13-67)
Sec. 28-67. Security deposit.
(a) Each water customer of the city ahall make a security
, deposit for a water meter before installation of such meter,
` which deposit shall be in the amount of ane hundred twenty
(120) per cent of the actual cost of such meter rounded to the
nearest five dollars ($5.00) over such actual cost. At the time
said security deposit is made on a water meter, an
additional fee in an amount established from time to time in
a resolution adopted by the council shall be paid by the
customer to the city to cover the expense of installation of
the meter, such charge to be made only upon installation of
~ meters two (2) inches or smaller in size.
` $upp. No. 8 1658
~
`i
~
~
UTILITIES § 28-68
I
(b) The security deposit ahall be kept by the clerk-admin-
istrator as a credit against the property upon which the
meter has been installed, without reference to the ownership
of the property. The deposit ahall be refunded to the property
owner only on requeat in the event municipal water service
to the property is discontinued and the service pipe is
disconnected at the stop boa and the meter is removed;
provided, however, that charges against the property under
the provisions of this article may first be deducted from such
deposit. The refund of the deposit, lesa any deductions, shall
be made by the clerk-adminiatrator to the customer within
forty-five (45) days after diacontinuance of municipal water
service to the property, disconnection 4-the service pipe at
the stop box, and removal of the meter.
(c) At the time such security deposit is made, the
clerk-administrator shall provide the customer with a
written receipt therefor which ahall-also specify that any
charges due and unpaid againat the property purauant to
the provisions of this article at the time of discontinuance of
municipal water service thereto, as aforesaid, may be
deducted from the deposit prior to its return to the customer.
(d) A meter on a service line larger than two (2) inchea ia
to be furnished and installed at the egpense of the property
owner, and accordingly no security deposit ahall be required
therefor. (Ord. No. 185, § 4.1(a), 2-24-75; Ord. No. 217, § 33,
12-29-80)
Sec. 28-68. Maintenance, replacement of ineters.
The city shall maintain and repair all meters when
rendered unservicable through ordinary wear and tear and
shall replace them, if necessary. However, where replace- ,
ment, repair, or adjustment of any meter is rendered
necessary by the act, neglect, including damage from hot
water backup, or carelessnesa of the owner or occupant of
any premises, any egpense caused the city thereby ahall be
charged against and collected from the water consumer.
(Ord. No. 103, § 4.1(b), 11-13-67)
Supp. No. 3
1659
~
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§ 28-69 ARDEN HILLS CODE
Sec. 28-68. Rereading of ineters.
A consumer may have hia meter reread by making written
request therefor and depositing the amount stated below
with the clerk-administrator at the time such request ia
made. In the event the test ahows an error of over five (5)
per cent of the water allegedly consumed the deposit will be
' refunded to the conaumer and a correctly-registering meter
shall be installed, with the bill to be adjusted in accordance
with the corrected reading. If there is no error or the error is
less than five (5) per cent the deposit shall be retained by
the city. Any adjustment shall not extend for more than one
billing period before the date of the request for test. The
deposit charges for meter testing shall be as established
• from time to time in a resolution adopted by the council.
(Ord. No. 103, § 4.1(c), 11-13-67; Ord. No. 217, § 34,
12-29-80)
Sec. 28-70. R,ental fee.
All meters, except those on a service line larger than two
(2) inches which have been furnished and installed at the
expense of the property owner and for which no security
deposit has been made ahall be the property of the city. A
rental fee equal to six (6) per cent per annum of the amount
of the security deposit on each such water meter which is
the property of the city shall be charged to the customer for
the use of the city's water meter. With respect to each such
water meter, for which a security deposit has been made,
installed and in place on or before August 1, 1974, this
rental fee shall be charged to the cuatomer using the same
from August 1, 1974. For each such water meter, for which a
security deposit has been made, installed after August 1,
I 1974 this rental fee shall b h r ed to the customer usin
~ ec ag g
the same from the date on which the security deposit was
made. This rental fee may be set off or credited against any _
interest due each customer on the security deposit he has
made. (Ord. No. 185, § 2(4.1d), 2-24-75)
Sec. 28-71. R,ight of access.
Authorized city employees ahall have free accesa to
premises connected with the water system at reasonable
Supp. No. 3 1660 '
~
UTILITIES § 28-74
hours of the day for the purpose of reading meters and
making inspections thereof. (Ord. No. 103, § 4.1(e), 11-13-67)
Sec. 28-72. Compound meters.
Where a potable water service line larger than two (2)
inches is installed or where flows are sufficiently large in
the opinion of the commissioner to require a meter larger
than two (2) inches the occupant or owner of the subject
premises shall cause to be furnished and installed a
compound meter consisting of dual integral measuring
elements for high and low flow rates. The type and
manufacturer shall be as designated by the commiasioner.
(Ord. No. 103, § 4.1(f), 11-13-67)
Sec. 28-73. Fire protection system.
Where a service line is installed to serve, in total or in
part, a private fire protection system, the owner or
occupancy of the premises shall cause to be furnished and
installed on the line serving such purpose an approved
detector check-type meter, approved as to make by the
commissioner. (Ord. No. 103, § 4.1(g), 11-13-67)
Sec. 28-74. Water meter setting.
All water meters hereafter inatalled shall be installed in
accordance with the following rules:
(a) The service pipe from the water main to the meter,
when the same enters the building, shall be brought
through the floor or bottom course of concrete block
foundation at a depth in accordance with the
provisions of section 28-25 hereof. However, thia may
be waived by the commiasioner if strict compliance
with the provision would create a hardahip in a
particular situation.
(b) The meter shall be located so that the bottam ia from
twelve (12) inches to twenty-four (24) inches above the '
finished floor line. The meter shall be set not leas than !
six (6) inches nor more than twelve (12) inches
Supp. No. 3
I 1661 '
I
J
§ 28-74 ARDEN HILLS CODE
measured horizontally from the inside line of the base-
ment wall, unless an alternate method is approved by
the commissioner.
(c) All meter installations shall have a gate valve on the
street side of the meter. In no case shall there be more
than twelve (12) inches of pipe exposed between the
point of entrance through the basement floor and the
valve. A gate valve shall also be installed on the house
side of the meter. All fittings and pipe shall be red
brass or bronze, except that pipe over two (2) inches
in diameter may be iron. Gate valves shall be brass
one hundred twenty-five (125) pounds standard, except
valves larger than two (2) inches may be iron body.
There shall also be installed on the house side of the
meter gate valve a three-quarter inch side outlet tee
I and lu to rovide for future inatallation of a two (2
P g P )
inch air chamber or shock absorber. (Ord. No. 103, §
4.2, 11-13-67; Ord. No. 111, § 4, 12-9-68)
Sec. 28-75. Use of fire hydrante.
No person shall operate fire hydrants or interfere in any
way with the water system without firat obtaining a permit
to do so from the commissioner, with the exception of
suthorized city employees on city business or fire-fighting
peraonnel. Permita may be iasued by the commissioner in
accordance with the following procedure, to wit:
(a) Permit to use a fire hydrant shall be issued for each
individual job or contract, for a minimum of thirty
(30) days and for such additional thirty (30) day
periods as the commissioner shall determine. The
permit ahall atate the location of the hydrant and
shall be for the use of that hydrant alone, egcept as
otherwise apecified therein.
(b) The applicant for a permit shall make an advance
cash deposit in such amount as has been established
by the council in a resolution adopted thereby. The
purpose of the cash deposit is to guarantee payment ,
Supp. No. 3
1662
`
UTILITIES § 28-77
for water used and to cover any breakage or damage
to the hydrant. Such deposit shall be refunded upon
expiration of the permit, after deduction for any
applicable charges for use or damage.
(c) The user shall pay a rental charge based both upon
the time of use and the gallons of water used. This
rental charge shall be established from time to time by
the council in a resolution adopted thereby. (Ord. No.
103, § 4.3, 11-13-67; Ord. No. 217, § 35, 12-29-80)
Sec. 28-76. Hydrant rentals.
(a) Owners of private property on which fire hydrants are
located shall pay an annual standby charge, the amount of
which shall be as established in a resolution adopted by the
council. This charge shall be a specified amount per
hydrant. In addition thereto, if the city installs a hydrant on
private property at the request of the owner, the owner shall
be charged the actual cost to the city of materials and labor
for such installation.
(b) This charge shall not apply to a hydrant installed in
the usual manner on boulevarda or street right-of-way, but
only to those installed on private property. (Ord. No. 166, §
4.4, 12-11-72; Ord. No. 217, § 36, 12-29-80)
Sec. 28-77. Permits required for private use of water
towers.
No person shall install any radio aerial on, or in any way
use, any municipal water Lower for private use without first
obtaining a permit from the council to do so.
(a) Terms of permit. Any person desiring to obtain a
permit to inatall a private radio aerial on a water
tower shall file an application with the clerk-adminis-
trator and have the same approved by the city
engineer and chief of police. If the permit is issued by
the council it shall only be valid so long as the
applicant pays to the city such fee as has been
established therefor in a resolution adopted by the
Supp. No. 3
1663
I
§ 28-77 ARDEN HILLS CODE
council, and said permit must be renewed annually.
The original payment must be made at the time of
application for the permit.
(b) Cancedling permits. The council may at any time
cancel any such permit issued to any person by
returning to the holder of the permit the unused
portion of the annual fee. (Ord. No. 103, § 4.6,
11-13-67; Ord. No. 217, § 37, 12-29-80)
Secs. 28-78-28-88. Reserved.
ARTICLE III. SEWERS''
DIVISION 1. GENERALLY
Sec. 28-89. General operation.
The entire municipal sanitary sewer system shall be
operated as a public utility and convenience from which
revenues will be derived, subject to the provisions of this
article. (Ord. No. 49, § 1, 11-30-59)
Sec. 28-80. Connections required.
(a) Any building used for human habitation and located
on property adjacent to a sewer main, or in a platted block
through which the system extends, shall be connected to the
municipal sanitary sewer system within two (2) years from
the date on which a connection is available to such
building.
(b) All buildings hereafter constructed within the city on
property adjacent to a sewer main or in a platted block
through which the municipal sanitary sewer system
extends, shall be provided with a connection to the sewer
system for the disposal of all human wastes. (Ord. No. 49, §
2, 11-30-59)
'Cross reference-Plumbing code adopted, § 6-19.
State law reference-Sewage and rubbish diaposal, M.S.A. Ch. 443.
Supp. No. 3
1664
UTILITIES § 28-93
Sec. 28-91. Certain connections prohibited.
No buildinga located on property lying outside the limits
of the city shall be connected to that portion of the sanitary
sewer system of the city discharging into the Roseville-St.
Paul Sanitary Sewer System, unleas egpress authorization
for such connection is first obtained from the councils of
this city, the Village of Roseville, and the City of St. Paul.
(Ord. No. 49, § 8, 11-30-59)
Sec. 28-82. Supervision of connections.
The plumbing inspector ahall supervise all sewer con-
nections made to the municipal sanitary sewer system and
excavation for the purpose of installing or repairing the
same. (Ord. No. 49, § 3, 11-30-59)
Sec. 28-93. Permits.
Any person desiring a connection to the municipal
sanitary sewer system shall apply to the city for a permit
therefor. The application shall be submitted on blanks
furnished by the clerk-administrator and shall be accom-
panied by plans, specifications and such other information
as is desired by the plumbing inspector, together with the
required permit and inspection fee. All costs and expensea
incident to the installation and connections shall be borne
by the owner, and he shall indemnify the city for any loss
or damage that may, directly or indirectly, be occasioned by
the installation of the sewer connection, including restoring
streets and street surfaces. -
Permits for such connections shall be iasued only to a
plumber duly licensed by the State Board of Health or to
anyone not so licensed who owns and actuaily occupies as
his residence the premises or that part of the premises upon
which the sewer connection work is to be performed. (Ord.
No. 49, § 4, 11-30-59; Ord. No. 194, § 2, 6-14-76)
Supp. No. 3
1665
§ 28-94 ARDEN HILLS CODE
Sec. 28-94. Tampering with system.
No person ahall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface or tamper with any
structure, appurtenance or equipment which is a part of the
municipal sewer system. (Ord. No. 49, § 7, 11-30-59)
~
Supp. No. 3
1666 '
• ;
UTILITIES § 28-97
See. 28-95. Maintenance.
Each property owner shall be responsible at all times for
the maintenance of his sewer connection to the municipal
sanitary sewer system, and shall have the obligation to keep
said connection in good repair, to the end that there shall be
no interference or obstruction to the sewer system as a
whole, nor shall there be any violation of this article, and
the laws of the state. The plumbing inspector is authorized
to make such inspections of the sewer connections as he
may deem necessary to accomplish this purpose, and the
property owner shall be responaible for carrying out such
instructions as the plumbing inspector deema necessary to
accomplish this purpose. (Ord. No. 49, § 10, 11-30-59)
Sec. 28-96. Types of wastes prohibited-Adoption of
regulations.
It shall be unlawful to discharge any wastes or cause or
allow any wastes to be discharged into the municipal
sanitary sewer system of the city which do not comply with
the waste discharge regulations and limitations on such
discharges set forth in Sections 5-3 and 5-4 of Article V. of7~
the Sewage and Waste Control Rules and Regulations for ;
the Metropolitan Disposal $ystem, dated December 1, 1971,
as now in effect and as hereafter amended, which provisions
are incorporated and adopted herein by reference and at
least one copy of said rules and regulations shall be marked
as the official copy of the city and filed in the office of the
clerk-adminiatrator. (Ord. No. 182, § 6(a), 12-9-74)
Sec. 28-97. Same-Grease, oil and sand interceptors
or traps.
To ensure the proper discharge of waste containing
excessive amounta of grease, oil or sand, the city plumbing
inspector may require that grease, oil and sand traps or
interceptors be provided, which traps or interceptors shall
comply in all respects with the requirements set forth in
MHD126 of the Minnesota Plumbing Code, as cited in
I Section 28-108, hereof; provided, however, that such trapa or
1667 '
§ 28-97 ARDEN HILLS CODE
interceptors shall not be required for private dwelling units
which discharge only normal wastes therefrom. Such traps
or interceptors shall be maintained by the owner, at his
expense, and shall be regularly cleaned and maintained for
adequate performance and efficient operation at all times.
Any subsequent alterations or additions to such traps or
interceptors shall not be made without due notice to and
approval by the city plumbing inspector. (Ord. No. 182, §
6(B), 12-9-74)
Sec. 28-98. Same-Industrial waste.
With respect to the discharge or potential discharge of
"industrial waste", which for purposes of this section is
defined as any solid, liquid, or gaseous waste, including
cooling water, resulting from any industrial or manufactur-
ing process or from the development, recovery or processing
of natural resources, the diacharger or potential discharger
of such industrial waste shall be subject to the requirements
and procedures of the Metropolitan Sewer Board set forth in
Sections 5-9 through 5-14 of Article V. of the Sewage and
Waste Control Rules and Regulations for the Metropolitan
Disposal System, as cited in section 28-95, and shall obtain
the approval of the chief administrator of the metropolitan
disposal system of plans and specifications for any and all
facilities to be used in discharging such industrial waste,
including metera and sampling facilities (if required), prior
to construction and installation of such facilities; provided,
however, that the city engineer shall have first approved the
metering equipment to be or being used prior to the
submission of such plana to the chief administrator of the
metropolitan disposal system for his approval of same.
(Ord. No. 182, § 6(C), 12-9-74)
Sec. 28-89. Same-Drainage water.
It shall be unlawful for any person to diacharge or cause
to be discharged into the municipal sanitary sewer system
of the city, either directly or indirectly, any roof, storm,
surface or groundwater of any type or kind. (Ord. No. 182, §
6(D), 12-9-74)
1668
UTILITIES § 2$-109
Sec. 28-100. Accidental discharges.
Section 5-15 of Article V. of the Sewage and Waste
Control Rules and Regulations for the Metropolitan
Disposal System, as cited in section 28-95, is incorporated
and adopted herein by reference and ahall be applicable to
any and all accidental discharges of prohibited waste into
the sanitary sewer system of the city which either directly
or indirectly eventuates in such prohibited waste flowing
into the Metropolitan Disposal Syatem. (Ord. No. 182, § 6(E),
12-9-74)
Secs. 28-101-28-107. fteserved.
pIVISION 2. CONSTRUCTION REQUIREMENTS
Sec. 28-108. Generally.
Those provisions of the state plumbing code, as the same
is contained in the building code of the city, which apply to
the construction, alignment, grades, joints and connections
of sewers and materials used therewith are hereby adopted
by reference.
Sec. 28-109. Use of old house sewers.
Old house sewers or poXtions thereof may be approved for
use by the plumbing inspector. The plumbing inspector may
request that the old sewer be excavated for the purpose of
facilitating inspection. No cesspool or septic tank shall be
connected to any sewer connections. If any portion of a
house sewer is laid acrosa or over any existing cesspool or ,
'
septic tank, such cesspool or septic tank shall first be
pumped clean and filled with earth to the surrounding '
ground level. Where a connecting sewer is laid acrosa or
over any exiating ceaspool or septic tank, only Cast Iron
Soil Pipe, conforming to the A.S.T.M. Standard Specification
A-74-42, shall be used for that portion of the connecting
sewer which is laid acroas or over the existing cesspool or '
septic tank. (Ord. No. 49, § 5(F), 11-30-59)
3upp. M. 8 1669
§ 28-110 ARDEN HILLS CODE
Sec. 28-110. Connections at "Y" only.
Every connecting sewer shall be connected to the
municipal sewer system at the "Y" or sewer connection
stubs designated for the property served by the connection,
except where otherwise expressly authorized by the plumb-
ing inspector which authorization shall be in writing.
Connections so authorized by the plumbing inspector shall
be made only under his direct supervision and in such
manner as he may direct. (Ord. No. 49, § 5(G), 11-30-59)
Sec. 28-111. Tunneling.
Tunneling for distances of not more than six (6) feet is
permissible in yards, courts or driveways of any building
site. When pipes are driven, the drive pipe shall be at least
one size larger than the pipe to be laid. (Oxd. No. 49, § 5(H),
11-30-59)
Sec. 28-112. Independent systems.
(a) The drainage and plumbing system of each new building
and of new work installed in an existing building shall be sepa-
rate from and independent of that of any other building except as
provided for in subsections (b) and (c) of this section.
(b) Where one building stands to the rear of another
I building on an interior lot and no private sewer is available
or can be constructed to the rear building through an
adjoining alley, court, yard or driveway, the building drain
from the front building may be extended to the rear building
and the whole will be considered as one building drain.
Where such a building drain is extended, a cleanout shall be
provided immediately inside the rear wall of the front
building.
(c) Where adjoining property owners desire to construct a
common sewer connection to service both propertiea such
owners may make written application to the council for
permission to construct such joint service connection. The
council may grant such a permit if it determines that the
Su . No. 8
pp 1670
` I
UTILITIES § 28-126
construction of such joint connection is reasonable and
warranted under the existing conditions, and if independent
connections were to be constructed, the minimum length of
each such connection would be at least one hundred (100)
feet from the property line abutting the municipal sewer.
(Ord. No. 49, § 5(n, 11-30-59; Ord. No. 231, § 1, 11-28-83)
Sec. 28-113. Repair of public right-of-way.
No connection to the municipal sanitary sewer system
shall be finally approved until all streets, pavements, curbs
and boulevards or other public improvements thereon have
been restored to their former condition to the satisfaction of
the plumbing inspector. (Ord. No. 49, § 5(J), 11-30-59)
Sec. 28-114. Restrictions on installation of sump pump sys-
I tem; necessity of obtaining permit.
Any person installing a subsurface drainage system in connec-
tion with the construction of a building shall include as part of
such system a sump pump which has a permanent discharge
connection to the exterior of the building. Any person installing a
sump pump system in an existing building shall also provide
such system with a permanent discharge connection to the exte-
I rior of the building. No person shall install a subsurface drainage
system in connection with new construction or the modification
of an existing building without having first obtained a permit to
do so from the council. (Ord. No. 231, § 2, 11-28-83)
Secs. 28-115-28-125. Reserved.
I DIVISION 3. RATES AND CHARGES
Sec. 28-126. Established. '
(a) Quarterly rates and charges to be impased on the
various categories of structures connected to the municipal
sanitary sewer system shall be as established in
resolutions adopted from time to time by the city council. In
establishing such rates and charges, the council shall
employ any one or a combination of the methods and bases j
3upp. No. 8 1671 '
I
~
§ 28-126 ARDEN HILLS CODIF,
set forth in Section 444.075, Subd. 3, of Minnesota Statutes,
as now constituted and as hereafter amended.
(b) Charges for mobile homea, trailers and apartments
shall be billed to the owner or management of the mobile
home court, trailer park and apartment building in which
the same are respectively located.
(c) Certain premises, because of their discharge of
industrial sewage wastea or voluminous or strong sewage
wastes, may be subject to supplementary charges imposed
by governmental agenciea or subdiviaions other than the
city. In such event, the city may impose, by resolution
adopted by its council, a supplementary charge based
generally upon and at least equal to the amount of the
supplemental charge imposed by said other governmental
agency or subdivision.
(d) The council has noted that certain properties in this
city use water basically in the summer months and are not
presently connected to the municipal water system and
probably will not be connected in the future thereto. With
respect to these properties and others similarly situated, it is
not equitable to require installation of a water meter nor is
it equitable to base the sewer charge upon water usage,
which cannot be metered or reasonably calculated. With
respect to cases which may be called to the attention of the
council in the future, and upon recommendation of the
clerk-administrator and the supervisor of public works, such
properties shall be charged for municipal sewage upon a
flat quarterly rate to be determined by resolution of the
council. In the event the stated circumstances change with
respect to any property so exempted, upon written
notice to the property owner, the council may review the
situation and, if circumstances warrant such action, the
exemption shall be lifted, and the owner of the property
Shall be required to install a meter as provided in the next
paragraph hereof.
(e) All owners of properties other than single-family
dwellings, duplexes or two family dwellxngs, mobile homea
Supp. No. 8 1672
UTILITIES § 28-127
or trailers and apartmenta which are not connected to the
municipal water system and are not excepted under the
previous paragraph hereof, ahall install a meter on their
water supply as part of any building program on the
premises, and in any event within ten (10) days after
receipt of written notice to do so from the clerk-administra-
tor. Such meter shall be designed in such manner as to
accurately measure water consumption, shall be of a type
approved by the supervisor of public worka, shall be
maintained in good operating condition without expense to
the city, and access thereto shall be given to employees of
the city at all reasonable times for the purpose of teating or
making readings.
If the supervisor of public works determines that a portion
of the water measured by the water meter does not and cannot
enter the municipal sanitary sewer system, then the city may
permit or require the installation of other additional meters in
such a manner that the quantity of water which actually could
enter the sewer system may be determined.
The owner of the property shall supply the city, upon request,
with such information as the city may reasonably require related
~ to the use of a private water system. (Ord. No. 49, § 11 (A),
11-30-59; Ord. No. 141, § 11(A), 3-8-71; Ord. No. 165, § 1, 12-11-72;
Ord. No. 195, § 1, 12-27-76)
Sec. 28-127. Payment.
Statements for total sewer chargea for the preceding
I quarterly period shall be m,ailed to each cuatomer on or
before the twentieth day of January, April, Ju1y, and
October of each year. The balances shown due thereon shall
be due and payable at the office of the clerk-administrator
on or before the last day of said month. Prepayments or
overpayments of charges may be retained by the city and
applied on subsequent quarterly atatements. The clerk-ad-
ministrator, by direction of the council, may designate
another office to mail notices and receive payments hereon.
(Ord. No. 141, § 1(B), 3-8-71; Ord. No. 165, § 2, 12-11-72)
3npp. Na 11 1673
§ 28-128 ARDEN HTLLS CODE
Sec. 28-128. Delinquencies.
(a) A deli*_:quency penalty of eight (8) per cent of the
unpaid sanitary sewer bill for charges hereunder shall be
charged, effective on the date stated, in accordance with the
following schedule:
For the lst quarter-June 1
For the 2nd quarter-September 1
For the 3rd quarter-December 1
For the 4th quarter-March 1
If the delinquency date falls on a nonbusiness day for the
city hall, the penalties shall be imposed on the next business
day, but first crediting payments received on that day.
(b) Except as provided in section 28-129 hereof, the
aforesaid delinquency penalty shall be imposed upon and
added to all unpaid sanitary sewer bills by the clerk-admin-
istrator and mailed in the usual course at the next regular
billing date, showing in the same bill the current billing;
e.g., July 20, after the first penalty date.
(c) The council has noted that under section 28-127 bills
are due at the end of the billing month, and accordingly the
delinquency charge hereunder will be imposed more than a
month after the due date of a billing. (Ord. No. 141, § 1(C),
3-8-71; Ord. No. 153, § 2, 3-27-72; Ord. No. 165, § 3,
12-11-72; Ord. No. 232, § 2, 11-28-83)
Sec. 28-129. Collection.
Any amounts due for sanitary sewer charges hereunder may
be collected in a civil action brought for that purpose in the
name of the city; or the clerk-administrator, ugon direction
thereon by the council, may certify to the county department
of property tWiation the amount due, together with the legal
description of the premises serv,ed, and the clerk-administra-
tor, in so certifying, shall add to such amount as a separate
item, in addition to the delinquency penalty hereinbefore pro-
vided, an additional delinquency penalty of eight (8) per cent
of the original unpaid amount, inclusive of any previous delin-
quency penalty. The county department of property taxation
Supp. No. 8 1674
~ -
UTILITIES § 28-129
shall thereupon enter such amount as part of the tax levied
on said premises to be collected during the ensuing year. No
additional delinquency penaltiea hereunder shall be added to
unpaid bills after certification to the county departrnent of
property taxation as provided herein. To avoid imposition
of this additional delinquency penalty pavnent in full of the
unpaid sanitary sewer bill and the original or previous
clelinquency penalty must be received by the clerk-adminis-
trator no later than October 5. (Ord. No. 153, § 2(C)(5),
3-27-72)
i
~
. 3upp. No. 8 1674.1
UTILITIES § 28-138
Sec. 28-130. Permissible reductions for senior cit-
izens and disabled citizens.
The council may, by resolution at its reasonable discre-
tion, provide for reduced charges for usage of the municipal
sanitary sewer system in cases of ownership or occupancy
of the subject property by citizens sixty-five (65) years of
age or older or by citizens who are totally disabled within
the meaning of Social Security regulations. (Ord. No. 165, §
4, 12-11-72)
Secs. 28-131-28-136. Reserved.
DIVISION 4. SEWER AVAILABILITY
Sec. 28-137. Recitals.
Thg metropolitan sewer board has determined to reserve
unused capacity in the metropolitan disposal system each
year commencing in 1973 for local government units in
which new buildings are to be connected to the system and
new connections to the system are commenced during such
year, and to allocate the debt service costs of such unused
capacity for the year among such local government units. In
order for the local government units to pay such coats
allocated to them each year, it will be necessary to establish
appropriate sewer service availability and connection
charges. (Ord. No. 167, § 1, 1-29-73)
Sec. 28-138. Establishment of charges.
(a) For the purpose of paying costs of reserve capacity
allocated to this city each year by the metropolitan sewer
board, there is hereby established a charge for:
(1) The availability of treatment works and interceptors
comprising the metropolitan disposal system; and
(2) Connections, direct and indirect, to the metropolitan
diaposal system.
I Supp. No. 3
1675
f 28-138 ARDEN HILLS CODE
(b) The charge shall be collected on the basis of bui:ding
perim~ts issued 8fter January 1, 1973, or connection permits
igbited fbr connectioris to be made after January 1, 1973, on
the following basis:
(1) The charge shall be payable on the issuance of each
building permit for new construction issued after
Joinuary 1, 1973.
(2) A+charge shall be payable on the issuance of a
building permit for alterations or additions to existing
buildings if the alteration or addition will require
additional reserve capacity, and the Service Availabil-
ity Charge (SAC) unit shall be detLarmined on the
same basis as for new buildings.
(c) T'he charge shall be imposed on sewer connection
pe;mits issued after January 1, 1973, except:
(1) Where a SAC unit charge was made when. the
building permit for the subject building was isaued.
(2) VVhere a building permit for the subject building was
issued prior to January 1, 1973, and the building was
fiot served by an on-lot diaposal system.
(3) Where the sewer connection permit was iasued before
January 1, 1973, and the sewer to which the
connection was to be made egisted prior to January 1,
1973.
(d) The charge for each building shall be the product of
the number of units of sewage volume which it will
discharge and the dollar figure set forth in a resolution
adopted by the council for the year in which the building
permit is issued. A unit of sewage volume shall be one
hundred thousand (100,000) gallons per year and shall be
assigned as follows:
(1) Single-family houses, townhouses and duplex units
shall each comprise one unit;
(2) Condominiums and apartments shall each comprise
eighty (80) per cent of a unit;
Supp. No. 3
1676
UTTLITIES § 28-140
(3) Mobile homes shall each comprise eighty (80) per cent
of a unit;
(4) Other buildings and structures shall be assigned one
unit for each one hundred thousand (100,000) gallons
of flow or part thereof which it is estimated they will
discharge;
(5) Public housing units and housing units subaidized
under any federal program for low and moderate
inct3me housing shall be counted as seventy-five (75)
per cent of the unit equivalent for that type of
housing;
(6) During 1973 only connection permits for building
units which existed prior to January 1, 1973, and were
served by on-lot disposal systems shall be counted as
one-half the unit equivalent for that type of housing.
(Ord. No. 167, § 2, 1-29-73; Ord. No. 217, § 38,
12-29-80)
Sec. 28-139. Administration.
The clerk-administrator shall prepare or revise building
permit or sewage connection permit application forma to
provide information necessary for the computation of the
number of units assignable to the building or structure in
question, and shall collect the applicable cliarge before
issuance of a permit. The clerk-administrator shall make
such information available to the sewer board upon request.
If upon filing a report covering such permit with the
metropolitan sewer board, the board determines that a
greater number of units is assignable to the building or
structure in question, any additional amount of coat
I allocated to the city as a result shall be paid by the person
or company to whom the permit was granted. (Ord. No. 167,
§ 3, 1-29-73)
Sec. 28-140. Purpose.
It is the intention of the council to impose herein charges
equivalent to those adopted bv the metropolitan sewer board
Supp. No. 3
10 1677
~
§ 28-140 ARDEN HILLS CODE
by its Resolution No. 72-225, adopted December 6, 1972, but
including administrative or service charges as allowed by
the sewer board. (Ord. No. 167, § 4, 1-29-73)
Secs. 28-141-28-151. Reserved.
ARTICLE IV. UNDER.GR.OUND INSTALLATION OF
DISTRIBUTION LINES"
Sec. 28-152. Purpose.
The council believes that in the public interest or sound
long-range planning it should promote the underground
installations of utility distribution lines in cases of original
installations of substantial alteration of existing lines. (Ord.
No. 145, § 1.0, 6-14-71)
~ Sec. 28-I53. acope.
The provisions of this article apply to public utility linea
designed and conatructed to distribute utility services to
customers in the city, but does not require underground
installation of appurtenant facilities such as lift stationa,
fire plugs, metera, tranaformera, pedestals, and the like.
(Ord. No. 145, § 2.0, 6-14-71)
Sec. 28-164. New developraents.
(a) All new electric distribution lines (excluding main line
feeders and high voltage transmisaion lines), telephone
service lines and services constructed and providing service
to customers ahall be buried underground. These regulations
shall apply to all new land development proposals in the
city including, but not limited to, new subdivisions,
apartments, nonresidential buildings and planned unit
developments.
(b) The developer is reaponsible for complying with these
regulations and shall submit with his application for final
'Croas refereace-Utilitiea to be underground in mobile home courta, §
14-55.
Supp. No. 3
1678 0
UTILITIES § 28-156
plat or site plan approval, a written statement from the
utility companies stating that the necessary arrangements
for underground installation of utilities have been made. It
shall be the responsibility of the developer and all contracta
on the construction to keep utility easements free and clear,
to the end that the utility company shall have access at all
times for installation and maintenance of its utilities. (Ord.
No. 145, § 3.1, 6-14-71)
Sec. 28-155. Egisting distribution lines.
It shall be the policy of the city to pursue the objective of
eventually having all utility distribution lines underground.
It is recognized, however, that existing overhead utility lines
represent a substantial economic investment for the benefit
of the public and that it is generally not feasible or desirable
to replace existing serviceable facilities with underground
lines or to require that the normal periodic egtenaions of
existing overhead systems be installed underground without
imposing an undue burden on the public and the utility
involved. Any utility company replacing or making exten-
sions to existing overhead distribution facilities in any area
in which the repairs or extensions cover more than twelve
hundred (1,200) feet of line shall submit its plans to the
utility committee at least thirty (30) days prior to such
replacement, alteration or installation. (Ord. No. 145, § 3.2,
6-14-71)
Sec. 28-156. Egcavation.
In order to avoid poasible damage to underground
utilities, no person shall excavate in any easement or
right-of-way containing underground utilities without first
notifying the utility company whose lines occupy the
easement or right-of-way; provided however, such egcava-
tion shall not constitute a breach of this article uiRless the
excavator has actual notice of the existence of the utilities
or unless the easement has been recorded with the register
of deeds of the county with reference to the property. (Ord.
No. 145, § 4.0, 6-14-71)
1679
§ 28-157 ARDEN HILLS CODE
Sec. 28-157. Application for proposed installation.
All proposed utility inatallations in the city shall be
submitted to the city for approval prior to such installation;
provided however, repairs or extensions by a utility
company covering less than twelve hundred (1200) feet of
line, as recited in section 28-155 hereof, need not be
submitted. The clerk-administrator shall require the appli-
cant to furniah in writing information relative to the
location of the proposed installation, the manner of its
construction, whether underground or overhead, and satis-
factory evidence that the consent of all affected property
owners has been obtained. The clerk-administrator shall
then refer the proposal to the utility committee, herein
established. (Ord. No. 145, § 5.0, 6-14-71)
Sec. 28-168. Action by utility committee.
The utility committee shall consist of the city engineer, a
planning commission member or public works committee
member appointed by the council, and the city building
inspector. Said committee shall review utility proposals upon
the basis of the principles set forth in this article and
promptly submit its report to the council thereon, advising
' the council whether, on the basis of the principles stated
herein, the proposed installation should be approved. If the
utility committee is of the opinion that underground
installation of the proposed utilities should not be required
on the basis of the standards set forth in section 28-159
hereof, it shall so recommend to the council. Recommenda-
tions of the utility committee shall be by at least two (2) of
the three (3) membera thereof. (Ord. No. 145, § 5.0, 6-14-71)
Sec. 28-159. Ezceptions.
(a) The provisiona of this article may be waived by the
city council upon recommendation to that effect by the
utility committee and upon the finding of the council that
either or both of the following are applicable in case of the
particular application:
1680
-
UTILITIES § 28-161
(1) The placing of electric and telephone utilities under-
ground would not be compatible with the development
planned.
(2) Unusual topography, soil, or other physical conditions
make underground installation unfeasible from an
engineering viewpoint, or the cost thereof impractical.
(b) Routine maintenance, emergency repairs to existing
distribution lines, and temporary service to a construction
project are exempt from submiasion requirement of section
28-155 of this article. (Ord. No. 145, § 6.1, 6-14-71)
Sec. 28-160. Restraining actions.
In the event of a violation or a threatened violation of this
article, the council, or any member thereof, in addition to
other remedies, may institute appropriate actions or
proceedings to prevent, restrain, correct, or abate such
violations or threatened violationa and it ia the duty of the
attorney to institute such action. (Ord. No. 145, § 72,
6-14-71)
Sec. 28-161. Action by tagpayer.
Any taxpayer may institute mandamus proceedings in
district court to compel specific performance by the proper
I official or officials of any duty required by this article. (Ord.
No. 145, § 7.3, 6-14-71)
I
[The neat page is 17811
Supp. No. 21 1681
i ~
APPENDIX A
ZONING ORDINANCE*
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE N0. 213
AN ORDINANCE Amending Arden Hills Ordinance Number
99, the Zoning Ordinance, in its Entirety by Codifying Prior Amend-
ments Thereto and Making Further Amendments to the Prouisions
Regulating the Use o f Land, the Location and the Use of Buildings
and the Arrangement of Buildings on Lots in the City of Arden
Hills, Minnesota: Adopting a Zoning Map: Enacting Administra-
tiveProcedure for'Enforcement: RepealinglnconsistentOrdinances:
and Imposing Penalties for Violations Thereof.
Section I. Title, Purpoae and Intent, A, B
Seetion II. ftules, Scope, Interpretation and Definitions, A-D
8ection III. Minimum Compliance R.equirements, A-C
Section IV. Zoning Map and Boundaries of Zoning Dietricta, A-E
Section V. District Provisions, A-F
Section VI. General Regulations, A-H
Section VII. Special Principal Usea, A-H
*Editor's note-Ordinance No. 213, adopted Feb. 25, 1980, is included herein
as Appendix A at the discretion of the editor. Amendments to the ordinance will
be cited in parentheses following the affected aection or aubsection; absence of
such a citation indicates that the section or subsection derives unamended from
Ord. No. 213.
Due to space limitations the Office Zoning Map referred to in Ord. No. 213 is not
included herein; however, said map, as amended from time to time, is on file in the
office of the city clerk•administrator.
Cross references-Administration, Ch. 2; boards, committees and commis-
sions, § 2-72 et seq.; parks and recreation areas, § 4-31 et seq.; buildings generally,
Ch. 6; building codes, § 6-16 et seq.; excavations, Ch. 8; fire protection and pre-
vention, Ch. 9; floodplain management, Ch. 9.5; zoning districts, § 9.5-26 et seq.;
lakes, Ch. 12; mobile homes, Ch. 14; planning and zoning, Ch. 20; aigna, Ch. 21;
subdivisions, Ch. 22; trees and vegetation, Ch. 27; utilities, Ch. 28.
Supp. No. 21 1781
Sec. I, A ARDEN HILLS CODE
Section VIII. Adtninistration and Procedures, A-H
Section IX. R,eserved
Section X. Nonconforming Uaea, Buildings and Lota, A-K
Section XI. Special Provisions, A-G
Section XII. Enforcement, A-C
Section XIII. Effectuation, A-C
Section XIV. Miscellaneous Regulations, A
The City Council of Arden Hills, Minnesota, Ordains:
SECTION I. TITLE, PUR,POSE AND INTENT
A. Title.
This ordinance shall be known, cited as and referred to as
the Arden Hills Zoning Ordinance, exeept as referred to herein
where it shall be known as "this Ordinance."
B. Purposes and Intent.
This ordinance is enacted for the following purposes
(1) To promote the general public health, safety, camfort
and general welfareY of the inhabitants of the City of
Arden' Hills, Minnesota ;
(2) To promote the character of and preserve and enhance
the properties and areas within the city; "
(3) To divide the city into zones or districts on the basis
of the use, location, construction, reconstruction and
alteration of land and structures for residence, bu,siness
and industrial purposes-;
(4) To provide adequate light, air, privacy and safety;
(5) To pravent the overcrowding of land by undue concen-
tration of population;
(6) To promote the proper use of land and structures ;
(7) To fix reasonable standards to which buildings, struc-
tures and land shall conform for the benefit of all;
Supp. No. 21 1782
APPENDIX A-ZONING Sec. II, A
(8) To prohibit the use of buildings, structures and :larids
that are incompatible with the intended use or devel-
opment of lands within the specified zones;
(9) To promote the safe and efficient movement of people
and goods;
(10) To facilitate the provisions of public services;
(11) To limit congestion in the public streets and px^otect
the public health and welfare by providing for the off-
street parking of vehicles and vehicle loading areas ;
I (12) To protect against fire, explosion, noxious fumes, of-
fensive noise, vibration, dust, odor, heat, glare, other
pollution and hazards in the interest of the public
health, comfort and general welfare; and
(13) To define and limit the powers and duties of the ad-
ministrative officers and bodies provided for herein.
SECTION II. RULES, SCOPE, INTERPRETATIO1rT
AND DEFINITIONS
A. Rules of construction.
The language set forth in the text of this ordinance shall
be interpreted in accordance with the following rules of con-
struction :
(1) The singular number includes the plural and the plural
includes the singular.
(2) The present tense includes the past and future tenses
and the future includes the present.
i (3) The word "shall" is mandatory while the word "may"
is permissive.
(4) The masculine gender includes the feminine and neuter.
(5) All measured distances expressed shall be to the nearest
tenth of a foot and its metric equivalent.
(6) The word "lot" shall include the words "plot," "piece"
and "parcel" of land.
Supp. No. 4
1783
~
Sec. II, A ARDEN HILLS CODE
' (7) The words "used for" shall include the phrases "ar-
ranged for," "designed for," "intended for," "improved
for," "maintained for" and "occupied for."
B. 5cope.
From and after the effective date of this ordinance, the use
of all land and every structure, building or portion of a build-
ing erected, altered with respect to height and area, added to
or relocated, and every use within a building or use accessory
thereto, in the City of Arden Hills, shall be in conformity
with the provisions of this ordinance. Any existing structure
and any existing use of land not in conformity with the
regulations herein prescribed shall be regarded as, noncon-
forming uses or structures.
This ordinance daes not abrogate any easement, covenant or
any other private agreement where auch is legally enforceable,
provided that where the regulations of this ordinance are
more restrictive (or impose higher standards or requirements)
than such easements, covenants or other private agreements,
the requirements of this ordinance shall govern.
C. Interpretation.
In interpreting and applying the provisions of this ordi-
nance, they shall be held to be the minimum requirements
for the promotion of the public health, safety, convenience
and general welfare. Where the provisions of this ordinance
' impose greater restrictions than those of any statute, other
ordinance or regulation, the provisions of this ordinance shall
' be controlling. Where the provision.s of any statute, other
ordinance or regulation impose greater restrictions than this
ordinance, the provisions of such statute, other ordinance or
regulation shall be controlling.
D. Definitions.
(1) Acre. A quantity of land containing forty-three thou-
sand five hundred sixty (43,560) square feet or one hundred
sixty (160) square rods in whatever shape and pattern (e.g.
circular, squars, triangular, irregular, broad or narrow).
Supp. No. 4
1784
~
APPENDIR A-ZOIJING Sec. II, D
(2) Acre, net. One (1) acre of land, as finally built upon,
minus the following:
Two=thirds (2/3) of that portion of the acre encompassed
j wholly or partlAlly by wetlands, lakes, streams, potholes,
swamps and marshlands; twathfrds (2/3) of that portion of
the acre encompassing wholly or par.tially soil, the top seven
(7) feet of which will nat bear one thousand five hundred
(1,500) pounds per square foot; one-half (1/2) of that por-
tion of the acre encompassing wholly or partially hills,
mounds, or slopea that drop at a rate of twelve (12) per cent
or more per every fifteen (15) feet or more of diatance; and
the entire area of streeta.
(3) Administrative of ficer. The zoning adminiatrator, build-
ing inspector, their deputies or assistants, and any other offi-
cials of the city charged with or engaged in the administration
of this ordinance or any portion thereof.
(4) Administrator. The zoning administrator.
(6) Aqricultural uses. Uses customarily asaociated with the
growing of farm produce and the raiaing of farnn animals
for general use; but not including livestock raising and feed-
ing (feed lats), fur farms and kennels.
(6) Alteration. As appiisd to abuilding or atructure, a
change or rearrangement in the struatural parts or in the
existing facilities, or an enlargement, whether by extending
on a side or by increasing in height, or the moving from one
location or position to another.
(7) Alley. A minor public or private way which is used
primarily for vehicular aervice accesa to the back or side of
a lat abutting on a street.
(8) Animals, domestic. Common household pets, such as dogs
and cats, other animals kept for amusement, companionship, dec-
oration, or interest. Animals which are normally wild, such as
wolves, tigers and poisonous snakes, shall not be considered do-
mestic animals.
8upp. No. 9
1785
Sec. II, D ARDEN HILLS CODE
(9) Animals, farm. Animals traditionally kept or raised on a
farm for the purpose of providing food or products for sale or use,
such as cattle, horses, goats, sheep, swine, fowl, bees, and ani-
mals raised for fur.
(10) Apartment. A room or suite of rooma lc>cated in a
one- or two-family building or a multiple dwelling, which
shall include a bath and ki•tchen accommadations, intended or
designed far use as an independent residence by a single family
ox individual.
(11) Appeal. An application for the review of an order,
requirement, decision, deternunation or interpretation of this
ordinance made by an adminiatra~tive officer in the applica-
tion and/or enforcement of this ordinance.
(12) Busement. That portion of a building between floor
and ceiling, which is partly below and partly above grade, but
so located that the vertical dista.nce from grade to the floor
below is less than the vertical distance from grade to ceiling.
(13) Board. The board of appeals and adj uatment established
by this ordinance.
(14) Boarding.house. A building other than a hotel, where
for compensation and by pre-arrangement for definite periods,
lodging and meals axe provided for khree (3) or more persons,
but not exceeding five (5) persons.
(15) Boulevard. That portion of a atreet lying between the
lateral line of the roadway portion thereof (i.e., the back of
the curb or curbline) and the right-of-way line thereof which
may contain within its boundariea a sidewalk or portion of
driveway.
(16) Builduble area. The space remaining on a lot after the
minimum open space and setback requirements- of this ordi-
nance have been met.
(17) Building inspector. The term "building inspector" as
used in this or.dinance shall mean the building inspector
provided for in the building code. .
Supp. Na 9 1786
APPENDI% A-ZODTING Sec. II, D
(18) BuZk. The term used to indicate the size and setbacks
of buildings or structures and location of same with respect
to one another and includes the following:
(a) Size and height of buildings or structures;
(b) Location of exterior walls at all levels in relation to
lot lines, street or to other buildings or structures ;
(c) Groas floor area of buildings or sfixuctures in relation
to lot area (floor area ratio) ;
(d) All open apaces allceated to buildings or structnres;
and
(e) Amount of lot area per dwelling unit.
(19) Bulk materials. Uncontained aolid matter such as pow-
der, grain, stone, sand, sulphur, etc., that has a tendeney
to become airborne.
(20) Building. A atructure which ia designed and suitakrle
for the habitation or ahelter of human •beings or animals, or
the ahelter or storage of property, or is used for trade or
manufacture.
(21) Building, accessory. A subordinate building, the use of
which is incidental ko that of the principal building or use
of the lot.
(22) Buildinq, principal. A building in which the principal
use of the lot on which it is located is conducted.
(23) Building height The vertical distance from the average
elevation of the grade along a face of a building to the highest
point of the roof surface of flat roofs, the deck line of mansard
roofs, or the average height between the eaves and highest ridge
of gable, hip, or gambrel roofs. The height of a stepped or terraced
building shall be the height of the tallest segment of the building.
(24) Business. Any occupation, employment or enterprise
wherein merchandise is exhibited and sold, or which occu-
pies time, attention, labor and materials, or whereby services
are offered for compensation.
BupP. Na 9 1787
Sec. II, D ARDEN HILLS CODE
(25) Clubs and lodges. Buildings and facilitiea owned and
operated by a corporation or association of persons for social,
recreational, charitable, educational or cultural purposes, but
not operated primarily for profit or for purpoaes which axe
customarily asaociated with a business.
(26) Commercial recreation. Recreational facilities which are
operated for profit or render a service which ia customarily
considered as a business.
(27) Commission. The planning c;ommission, as established
by the Cade of Ordinancea, City of Arden Iiills, Ohapter 20.
(28) Comprehensive plan. A compilation of policy state-
ments, goals, atandards and maps for guiding khe physical,
social and economic development, both private and public,
of the city and its environs and may include, but is not limited
to, the following: 3tatements of policiea, goals, standards,
a land use plan, a community facilities plan, a transportation
plan, and recommendationa for plan execution.
(29) Council. The city council.
(30) Day care facility and residential facility.
Day care facility means any facility, public or private,
which for ga.in or otherwiae, regularly providea one or more
persons with care, training, supervision, habilitation, rehabili-
tation or develapmental guidance on a regular basis, for pe-
riods of less than twenty-four (24) hours per day, in a place
other than bhe peraons's own home, including but not limited
to family day care homes, group family day care homes, day
care centers, day nurseriea, nursery schoals, daytime activity
centers, day treatment programs and day aervices.
Residential facility means any facility, public or private,
which for gain or otherwise, regularly provides one or more
persons with a twenty-four-hour-per-day substitute for care,
food, iodging, training, education, supervision, habilitation, re-
habilitation and treatment they need, but which for any
reason cannot be furnished in the person's own home, inclucl-
? ing but not limited to, atate institutions under the control
3upp. No. 9 1788
APPENDIX A-ZONING Sec. II, D
of the comznissioner of public welfare, foster nomes, residen-
tial treatment centers, maternity shelters, group homes, resi-
dential programs, or achoola for handicapped children.
(31) Density. The number of dwelling units permitted by
this ordinance on one (1) acre (i.e. forty-three thausand five
hundred sixty (43,560) square feet) or land.
, (32) Density, net. The number of dwelling units permitted
by this ordinance on one (1) net acre of land.
(33) Density transfer. The relocation of housing units or
square footage of building area computed on one part of a
building site to another part of the site resulting in an in-
crease in density to the transfer area far the purpose of pre-
serving open space, forested areas, environmental or terrain
features deemed worthy of preservation by the planning
commission and council.
(34) Density zoning. Density zoning shall be interrupted as
the provision of lot areas smaller than the minimum require-
ment af this ordinance under conditions whereby the total
number of dwelling units is not greater than the amount per-
mitted under normal conditions.
(35) Dog kennel. A structure specifically designed and used
for the harboring of three (3) or more dogs that are more
than six (6) months old. '
(36) Drive-in business. Any business establishment affering
to customers a service or commadities such as, for example
but not by way of limitation, prepared food, beverages and '
dairy praducts, either collectively or individually, which is
primarily or exclusively laid out, designed, equipped and op-
erated so as to allow its customers to purchase, receive and
consume (if applicable) such aervice or commodities without ,
having to enter the building on the premises of the estab-
lishment and usually while remaining in their automobiles.
By way of illustration, but without limitation, drive-in busi-
nesses include the following: Drive-in rastaurants or cafes,
drive-in theaters, drive-in banks, drive-in liquor stores, and
drive-in laundry or dry cleaning establishments.
Supp. No. 4
17ss
~
I
Sec. II, D ARDEN HILLS CODE
Grocery stores, confectionery stores, drugstores, or res-
taurants which offer "take home" food services as an inci-
den~tal part of their business shall not be considered drive-in
businesses.
It is recognized that automobile service stations are
drive-in businesses within the meaning of the foregoing gen-
eral definition, but they are excluded from the definition as
used herein since they are treated and defined separately in
this ordinance.
(37) Dwelling. A building, or pprtion thereof, designed or
used exclusively for human :habitation, and consisting of one
or more dwe]Iing units.
(38) Dwelling, multiple-family. A dwelling containing three
(3) or more attached dwelling units which have access to the
outside through a common hall or point of entry.
~
(39) Dwelling, single-family. A dwelling consisting of one
(1) dwelling unit.
(40) Dwelling, two-family. A dwelling consisting of-two (2)
dwelling units.
(41) Dwelling unit. One or more rooms which are arranged
and designed as living quarters for one (1) family equipped
with complete cooking, bathing, toilet, sleeping and heating
facilities, but excluding mobile homes.
(42) Dwelling unit, attached. A dwelling unit which is joined
to one (1) or more other dwelling units.
(43) Dwelling unit, detached. Adwelling unit whieh is not
j oined to any other dwelling unit, and is located on a separate
lot with the structure surrounded by open space and having
a separate point of entry.
(44) Earth-sheltered home. A dwelling constructed so that
fifty (50) per cent, or more, of the exterior surface of the
completed building, exclu.ding garages or other accessory build-
ings, ia covered with or bears against earth.
Supp. No. 4
1790
APPENDIR A-ZONING 8ec. II, D
(45) Easement. A right or privilege in favor of a person or
a governmental authority to use a parcel of land or portion
, thereof for a specific purpose.
(46) Electronic tower. A structure which is higher in elevation
that its diameter, and is used for transmission, relay or emission
of electronic wavea. A ham radio tower and any other type of
private radio transmitter are included in this definition.
(47) Exterior storage. The storage of goods, materials, equip-
ment, manufactured products and similar items not fully en-
closed by a building.
(48) Faynily. An individual, or two (2) or more persons re-
lated by bload, marriage or adoption, living together as a
single household unit; or a group of persons living together
as a single housekeeping unit.
(49) Floor area. The sum of the gross horizontal area of the
several floors of a building measured from the exterior walls,
including basements and attached acceasory buildinga.
(50) Floor area, habitable. Floor area, as defined above,
excluding all areas occupied by cellars, garages, porches, at-
tics, atairways and storage, utility and heating rooma. (51) Floor area ratio. The ratio obtained by dividing the
sum of a building's floor area by the amount of lot area.
(52) Frontage. The uninterrupted front boundary line of a
lot, or the length of such line, which abuts on a atreet.
)t(53) Garaqe, private. An accesaory building or portion of the
principal building which is intended and used for the storage
~ of the private passenger vehicles of the family or familiea who
reside upon the lot upon which the same is located.
(54) GarW repair. A building or space for the repair or main-
tenance of motor vehicles, including body work, painting and
vehicle wash, but not including factory assembly of such vehicles,
auto wrecking establishments, or junkyards.
(56) Garage, truck. A building which is used or intended to
be used for the storage of motor trucks, truck trailers, trac-
tors and commercial vehicles exceeding one-ton rated capacity.
Supp. No. 9 1791
.
Sec. II, D ARDEN IiILIS CODE
(56) Grade. The lowest elevation of the finished surface of the
ground, sidewalk, or other paving within a five-foot horizontal
distance from the face of the building.
(57) High water mark. Means a maxk delineating the high-
est water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape. The
normal high water mark is commonly that point where the nat-
ural vegetation changes from predominantly aqnatic to pre-
dominantly terrestrial.
(58) Home occupation. An accesaory use of a residential
strructure for any gainful occupation or profession which:
1. Is engaged in by an occupant of the premiaes;
2. Is, in respect to the resitlential aite, conducted entirely
within the dwelling;
3. Does not occupy more than thirty-three (33) per cent
of the groas floor area of the dwelling;
4. Does not require any apecial entrance into the atruc-
ture; and
5. Has no exterior evidence of the accesaory use.
Any activity reaulting in traffic, noise, light, fumes and odors
to such an extent that it ia noticeable that the property ia being
uaed for nonresidential purposes ahall not conatitute a home
occupation.
(69) Hotel/motel. Any building, or group of buildings, hav-
ing six (6) or more gueat rooms intended or designed to be
rented or hired out to be occupied, or which are occupied for
sleeping purpose.s by guests.
(60) Houses of worahip. A building, together with its accea-
sory buildings and uaea, where persona regularly assemble
for religious worahip.
(61) Industry. Uses such as the manufacturing, compound-
ing, processing, packaging, treatment, assembling or ware- i
housing of products and materials. '
Supp. Na 9 1792
APPENDIX A ZONING 3ec. II, D
(62) Institutimta,l housing. Student or faculty housing for
four (4) or more persons on rental basis, rest home, hospital,
sanitorium, nursing home, convalescent home, orphan home.
(63) dunkyard. An open axea where waste, used or aecond-
hand materials are bought, sold, exchanged, stored, baled,
packed, disassembled or handled, including, but not limited
to, scrap iron and other metals, paper, rags, rubber, tires and
bottles. A j unkyard includes a motor vehicle wrecking yard -but
does not include uses established entirely within enclosed
buildings.
(64) Land reclamation. The deposition of more than four hun-
dred (400) cubic yards of sand, gravel, or other earth materials
per single parcel or per aere, whichever is greater, on a site in
such a manner as to elevate the grade.
(65) Landscaping. Plantings such as treea, grass, shrubs.
(66) Loading areas. Any area where trucks are maneuvered
and parked, for the purposes of loading ar unloading products,
materials or equipment.
(67) Lodqing house. A building where lalging is provided
for compensation to more than five (5) persons, in contra-
distinction to hotels open to transients.
(68) Lot area per family. The lot area per family is the lot
area required by this ordinance to be provided for each family
in a dwelling.
(69) Lot, corner. A lot situated at and abutting on the inter-
aection of two (2) or more atreets having an angle of inter-
section of not more than one hundred thirty-five (135) de-
grees. A lot abutting upon a curve atreet shall be deemed a
corner lot if the tangents- tfl the curve at its point of begining
within the lot or at khe points of intersection of the side lat
lines with the atreet line interaect at the interior angle of
less than one hundred thirty-five (136) degrees. A corner lot
shall maintain front yard requirements for eacli street front-
age.
suPP. No. 9 1793
Sec. II, D ARDEN HILLS CODE
(70) Lot coverage. The total allowable amount of lot area,
expressed as a percentage, which may be covered by a principal
use and ita acceasory atructures.
(71) Lot depth. The mean horizontal distance between the
mean front road and the mean rear lot line. The greater front- ,
age of a corner lot is ita depth, and ita lesser frontage is its
width.
(72) Lot line. A property boundary line of any lot held in
single or separate ownership or separately described ; excegt
that where any portion of the lot extenda into the abutting
atreet or alley, the lot line shall be deemed to be the street or
alley line.
(73) Lot line, front. The boundary of a lot abutting a atreet.
On a corner lot, the shortest atreet lot line ahall be the front
lot line.
(74) Lot Zine, rear. The lot line most nearly parallel to and
most remote from the front lot line.
(75) Lot line, aide. Lot linea other than front or reax lot
lines.
(76) Lot, interior. A lot other than a corner or reversed
corner lot.
(77) Lot, reversed corner. A corner lot, the rear of which
abuts upon the side of another lot whether acrosa an alley or
not.
(78) Lot (of record). A parcel of land described by metes
and bounda meaeurements, reference to a registered land
aurvey or plat, or other mea.ns, and separated from other
parcela or portions by said description, as of the effective
tiate of this ordinance or approved by the city as a lot aub-
sequent to auch date, and which is cecupied by or, under this
ordinance and other applicable ordinances, is suitable for
occupancy by one (1) principal building, or used together
with any accesaory buildings or usea and such open spacea
as are required by this ordinance.
3upp. Na 9 1794
APPENDIR A-ZONING Sec. II, D
(79) Lot, through. A lot which has a pair of opposite lot
lines abutting two (2) substantially paxallel atreets, and which
is not a corner lot. On a through lflt both street lines shall be
front lot lines for purposes of applying this ordinance.
(80) Lot width. The mean horizontal diatance between the
side lot linea at the front setback line.
(81) Manufacturing and processing. All uses which include the
compounding, processing, packaging, treatment, or assembly of
products and materials. Generally, these are industriea depen-
dent upon raw materials refined elsewhere. These uses include,
but are not limited to: fabrication of wood, metal, and plastic
products; assembly of electronic components, equipment, and ap-
pliances; prceessing of chemicals, plastics, food products, and
nonalcoholic beverages; manufacturing of clothing and tegtile
products; distribution centers, lumber yards, printing and bind-
ing ships, machine shops, sheet metal shops, sign shops, contrac-
tor's shops and storage yarda.
(82) Medical clinic. A building, structure or premiaes• i•n or
on which phyaiciana, dentists, chiropractors, osteopaths and
the like diagnose and treat the ills of their patients, excluding
hospitals.
(83) Metes and bounds. A method of property descrigtion
utilizing directions and distances commencing from and xer-
minating at an easily identifiable point.
(84) Mining. The extraction of more than four hundred (400)
cubic yards of sand, gravel, or other earth material from a single
parcel or per acre of land, whichever is greater, in such a manner
as to reduce the grade.
(85) Mobile home. A manufactured home designed, constructed,
and equipped for use as a single-family dwelling, which has a
width of less than twenty (20) feet over more than twenty-five
(25) per cent of its length; or which is not placed on a permanent
foundation complying with the requirements of the atate build-
ing code or which is not continuous and solid for the entire
perimeter of the structure.
supp. No. 9 1795
Sec. II, D ARDEN HILL3 CODE
(86) Mobile home park. Any premises on which are parked
two (2) or more occupied mobile homes, excluding premises
on which mobile homes are sold for removal ta another site.
(87) Nonconforming buildinq. A building lawfully existing
as of the effective date of the adoption of this ordinance, or
amendment hereto, which under the provisions of this ordi-
nance could not be built because of restrictions on height, aet-
backs, yards, lot coverage, floor area ratio, or other character-
istics of the building or its location on the lot where it exists.
(88) Noneonforming use. A building, strueture or use of a
building, structure or parcel of land, or a portion thereof,
-lawfully existing as of the effective date of the adoption of
this ordinance or amendment hereto, as a matter of right or by
permit, which is not permitted in the zoning district in which
it is located.
(89) Nursery. Any land used to raise trees, shrubs, flowers
and other live plants for sale and commerce.
(90) Multipurpose buildinq. See "Use, principal."
(91) Office(8). A room, suite of rooms, or a building con-
taining rooms or suites of rooms in which persons conduct
commercial activities, provide profeasional services, or carry
on occupations and where goods are not stored, produced,
sold at retail or repaired, including but not limited to the
following: Financial institutions, executive and administrative
offices, businesa offtces such as insurance, real estate, sales
and similar offices, professional offices such as offices of
engineers, surveyors, architects, accountants, attorneys and
bookkeepers and similax offices, but excluding medical clinics.
(92) Of f-street parking areas. Structures or areas of ground
used for the atorage or parking of motor vehicles.
(93) Open $ales lot. Any land used or occupied for the pur-
pose of buying and selling any goods, materials or merchan-
dise, and for the storing of same under the open skq prior to
sale.
(94) Open spaces. An unoccupied apace open to the aky.
$upp. No. 9
1796
APPENDIX A-ZONING Sec. II, D
(95) Parking space. A land area of not less than two hundred
(200) square feet, exclusive of driveways and aisles, of such
shape and dimensions and so prepared as to be usable for the
parking of a motor vehicle, and so located as to be readily
a-ccessible to a public street or alley. Truck loading and un-
loading space shall not be included in such area.
(96) Pathway, pedestrian way. A public or private way, run-
ning across or located within a platted lot or block or an
unplatted par-cel of land, used primarily for pedestrian traffic.
(97) Person. Any individual, firm, partnership, corporation,
company, association, joint stack association or body politic;
includes any trustee, receiver, assignee or other similar rep-
resentative thereof.
(98) Personal services. Services customariIy rendered for
compensation in abuilding where stock in trade is neither
stored on the premises nor sold over the counter at retail, in-
cluding such services as apparel repair, alteration and clean-
ing; hair styling, trimming and cutting; beauty services;
photographic services; and other services of a similar nature.
(99) Planned unit development. The development of a tract
of land in a unified manner, pursuant to a development plan
specifically approved by the city.
(100) Public uses. The use of any lot, parcel of land and any
atructure or building thereon exclusively for public purposes
by any department or branch of government, federal, state,
county or city, excluding independent school districts, without
reference to the ownership of said lot, parcel of land, building
or, structure.
(101) Public waters. Means a body of water capable of sub-
stantial beneficial public uae. This shall be construed to mean,
for the purposes of these regulationa, any body of water which
has the potential to support any type of recreational pursuit
or water supply purpose. A body of water created by a private
user where there was no previous shoreland, as defined herein,
for a designated private use authorized by the commissioner
of natural resources, shall be exempt.
Supp. No. 4
1797
Sec. II, D ARDEN HILLS CODE
(102) Railroad right-of-way. A strip of land with tracks and
auxiliary facilities for track operation, but not including
depots, loading platforms, station, train sheds, warehouses,
car shops, car yards, lacomotive shops or water towers.
(103) Research. The use of any lot, parcel of land and any
structure or building lacated thereon for the purposes of
studying or investigating facts not rea~dily available, such as,
for example, medical, chemical, electrical, metallurgical, or
other scientific research, but excluding the manufacture or
processing of materials or gaoda for sale. Research with ani-
mals is cflnsidered a separate category. (104) Residential recreation uses. Play apparatus such as
swing sets and slides, sandboxes, poles for nets-, picnic tables,
iawn chairs, barbecue stands, and similar equipment or struc-
tures, but not including electronic towers, tree nouses, swim-
ming pools, playhouses exceeding twenty-five (25) square feet
of floor area, or sheds utilized for storage of equipment.
(105) Rest home. A private home for the care of the aged or
infirm or place of rest for those suffering badily, mental or
emational disorders. Such a home does not contain equipment
for surgical care or for the treatment of disease or inj ury, nor
does it include maternity, care for mental illnesses or infirm-
ities ; includes nursing home.
(106) Restaurant. A business establishment whose principal
business is the preparation, .service and sale of food and bev-
erages to be consumed by customers while seated at tables or
counters located within the building on the premises.
(107) Restaurant, fast food. Any restaurant which meets a
number of the following requirements : Customarily provides
quick service of foad and/or beverages to its customers ;
offers to its customers a limited, atandardized menu of inex-
pensive food and/or beverages; serves its customers from a
caunter located within the building on the premises and does
not customarily offer service at the table by waiter or wait-
ress; allows customers to consume their orders of foad and/or
beverages at tables or counters within the building, in their
Supp. No. 4
1798 0
APPENDI% A-ZONYNG Sec. II, D
automobilea parked on the premises, or away from the prem-
ises as -the customers choose ; packages and services a sub-
stantial proportion of its faod and/ar beverages in disposable
wrappers, containers, cartons, boxes and bags ; provides a
number of trash, litter, or garbage cans in the parking areas
and within the building on the prernises for the deposit of the
disposable paekaging in which the food and/or beverages are
provided; prepares and Cooks a aubstantial proportion of its
food in volume, in advanCe of ortlera by cttstomers, and usually
tn anticipation of predicted volumes of custamers at certain
times of the day; specifies the items of fotrd and/or beverage
offered to customers on signs, placards, go$ters, valancea, or
boards posted in conspicuoua placeg throughout the building'
rather than on printed menus given to the customers ; and
generates a high volume and rapid f'lbw of in-and-out traffic
because of its quick service mode of operation.
(108) Restaurant, drive-in. See "driveiri business."
(109) Retail sales. Stores and shops selling, renting or leasing
goods for uses away from the point of salef Includes the following:
Antiquea, art and school supplies, auto acceasories, bakeries, bi-
cycles (not motorized), books, and stationery, candy, caYnera and
photographical supplies, carpets and rugs, china and glassware,
clothing and costume rental, custom drestgmaking, department
stores, drugs, dry goods, electrical and houst-hold appliances, sales
and repair, florist, food, furniture, furrier shops, garden supplies,
(year-round operation only), gifts, hardware, hats, hobby shops, _
interior decorating, jewelry, leather goods and luggage, lceksmith
shops, musical instruments, office supply equipment, optometrists,
paint and wallpaper, phonograph records, shoes, sporting goods,
tobacco, toys, variety stores, wearing apparel, and similar type
uses. Motor vehicle sales, motor vehicle leasing and rentals, and
repair garages are not included in this definition of retail sales.
(110) Roadway. The entirety of a private street and that
portion of a public atreet extending from the back of the curb
(i.e., the curbline) on one side to the back of the curb (i.e.,
. the curbline) on the other side, used primarily for vehicular
traffic.
3upp. Na 9 1799
~
Sec. II, D ARDEN HILIS CODE
(111) Schools, general education. Nursery, primary, elemen-
tary, secondary schools, vocational.
(112) Schools, special education. Trade, -buainess, barber,
beauty, art, music, dancing, -driving and other professional
achools, colleges, univeraities and junior colleges.
(113) Service $tation. A place wh~ere gasoline, kerosene,
diesel or other motor fuel or lubricating oil or grease for
operating motor vehicles are offered for sale to the public and
deliveriea are made directly into motor vehicles. Includes
greasing and oiling, one-bay motor vehicle wash and the
sale of automobile accessories on the premisea. Also includea
• minor repairs, incidental body and fender work, minor paint-
ing and upholstering, replacement of parts and motor services
to passenger automobiles and trucka not exceeding one and
one-half (11/2 ) tons capacity. It shall not include maj or gen-
eral repair, rebuilding or reconditioning of engines, motor
vehicles or trailers; collision service, including body, frame
or fender straightening or repair; overall painting or paint
j ob.
(114) Setback. The minimum horizontal distance between a
structure and a lot line.
(115) Shoreline lot. A lat having one or more lot linea front-
ing upon public watera.
(116) Sidewalk. A public or private way, compriaing a por-
tion of the boulevard of a street, used primarily for pedes-
trian traffic.
(117) Sign. A name, identification, description, display, logo,
illustration or device which is affixed to, painted or repre-
sented direetly or indirectly upon a building or other surface
or piece of land, and which dixeets attention to an abject,
praduct, place, activity, peraon, institution, organization or
business.
(118) Soil processing. The processing of sand, gravel or other
materials mined from the land.
supp. No. s lsoo
I
APPENDIX A-ZONING Sec. II, D
(119) Special use. A use which, because of unique character-
istics, cannot be classified as a permitted use in any particu-
lar district, and which, after due consideration :by the commis-
sion and council, pursuant to the applicable procedures con-
tained herein, may nevertheIess be allowed on a site in a
particular zoning district ~by special use permit granted by
the council.
(120) Story. That portion of a building included between the
surface of any floor and the surface of the floor next above
it, or, if no such floor above, the space between such floor
and -the ceiling next above it.
(121) Story, half. A space under a sloping roof which has
I the line of intersection of roof decking and wall face not more
than three (3) feet above the top floor level, and in which
space not more than two-thirds (2/3) of the floor area is
finished off for use. A half-story containing independent apart-
ment or living quarters shall be counted as a full story.
(122) Streets. A public or private way, consisting in the case
of a private way of a roadway and in the case of a public
way of a roadway and a boulevard (the latter of which may
contain a sidewalk), used primarily for vehicular traffic,
whether designated as a street, avenue, parkway, road, lane,
throughway, expressway, highway, place or however other-
wise designated.
(a) Collector street. A street which carries traffic from
local streets to streets and highways of higher classi-
fications. It provides for both land access service and
local traffic movements within residential neighbor-
hoods, commercial areas and industrial areas.
(b) Cul-de-sac. A street with only one outlet.
(c) Local street. A street of limited continuity used pri-
marily for access to the abutting properties and the
local needs of a neighborhood. '
(d) Major arterial. Is usually a divided highway with four '
(4) or more lanes and serves the. major centers of
Supp. No. 4
, 1801
~
r -
Sec. II, D ARDEN HII.LS CODE
activity of a metropolitan area, the highest traffic
volume cflrridors, and the longest trip desires. The ma-
jor arterial carries a high .proportion of the total
urban area travel on a minimum mileage. Almost all
fully and partially controlled access facilities are a part
of this class.
(e) Minor arterial. Street system interconnect with and
augment the urban major arterial system and provide
service to trips of moderate length at somewhat lower
level of travel mobility than maj or arterials. This sys-
tem distributes travel to geographical areas smaller
than those identified with the higher system.
(f) Expressway ramp. A controlled access roadway pro-
viding ingresa or egress from a major arterial high-
way. The use of expressway ramps allows the uniform
flow of traffic on a major arterial highway without
undue delays.
I
(123) Structural alterations. Any change in the supporting
members of a building such as bea.ring walls, columns, beams
or girders, or any substantial changes in the roof and exterior
walls.
(124) Structure. Anything constructed, the use of which re-
quires more or less permanent lacation on the ground or at-
tachment to something having a permanent location on the
ground, including signs.
(125) Structure, accessory. A detached, subordinate structure,
the use of which is incidental and related to that of the
principal use of or principal structure on the lot on which it
is located.
(126) Structure, principal. The predominant structure upon a
lat in which the principal use of the lot is conducted.
(127) Townhouse. A single-family idwelling which maintains
private ingress and egress, contains no independent dwellings
above or below it, and is attached to other similar dwellings
by a common wall.
Supp. No. 4
1802
APPENDIR A-ZONING Sec. II, D
(128) Use. The purpose for which land or premises or a build-
ing thereon ia deaignated, arranged or intended, or for which
it is or may be occupied or maintained.
(129) Use, acces$ory. A use which is incidental to the prin-
cipal use of the lot on which it is maintained or conducted.
(130) Use, prancipal. The primary or predominant use for
which the lot and structure, if any, located thereon is con-
ducted or maintained.
(131) Used auto parts. The prceess•ing, storage and sale of
secondhand or used automobile or other vehicle parts.
(132) Utility substation. A atructure used for the relay or
distribution of electric, water, sewer, telephone, etc., services.
(133) Utility distribution lines. The distribution facilities of
electric power, gas, water and communication companies which
direetly serve abu.tting properties.
(134) Utility transmission lines. The transmission facilities
of electric power and communication companies which do not
directly serve abutting propertiea.
(135) Utility vehicle. A vehicle, with or without a motor,
and/or adapted for temporary living, sleeping, businesa or
atorage purposes, having a frame, but no foundation other
than wheels, blocks, studs, j acka, horses or skirting, which
does not reach or meet building cflde requirements and has
been or may be equipped with wheels or other devices for
transparting purposas. Tnis term shall include travel trailers,
camping trailers, tent trailers, recreation vehicles and trailers.
A permanent foundation ahall not change the character of the
vehicle.
(136) Vehicle wash. A building, or portion thereof, which
principal use is the washing of vehicles.
(137) Yehicle wrecking yard. Any open space where three (3)
or more used motorized vehicles are stored which do not
possess current etate auto licenses.
3upp. No. 9 1803
Sec. II, D ARDEN HILLS CODE
(138) Variance. A modification or variation of the proviaions
pf this ordinance, as applied to a specific piece of property,
exeept that modification in the allowable uses within a dis-
trict shall not be considered a variance.
(139) Veterinary office and clinic. Usea concerned with the
diagnosis, treatment and care of animals, including animal or
pet hospitals.
(140) Warehousing. The storage of materials or equipment
as a principal use within an enclosed building.
(141) Waterfront acses, goat docks and storage, water recrea-
tion equipment ,and other uses normally incidental to lake-
shore property.
(142) Yard, ,front. A yard extending along the full length of
the front lot line between the side lot linea.
(143) Yard, reccr. A yard extending across the full width of
the lot and rr?easuared between the rear line of the lot and the
rear line of the main building.
(144) Yard, required. An open space b.etween a.building and
any lot which is open to the sky unobstructed by any perma-
nent or temporary uses or structures.
(145) Yard, side. A yard between the building and the adja-
cent side line of the lot and ,extending from the front yard to
the rear yaxd.
(146) Zc»zing map. The map or mapa incorporated into this
ordinance as a part hereof, 4esignating the zoning districts.
(147) Miscellaneous towen A t4wer structure, and the equipment
attached thereto, used for purposes other than transmission, relay,
, or emission of electronic waves; including, but not limited to a
freestanding TV and radio rec.~iving antenna, an electronic re-
ceiving dish exceeding thirty (30) inches in diameter, a windmill,
and a wind-power generator.
(148) hfanufactured home. A structure, transportable in one ar
more sections, which in the traveling mode is eight (8) feet or
more in width or forty (40) bocly feet or more in length, or, when ~
Supp. Np. 9 1804
-
APPENDIX A-ZONING Sec. III, B
erected on site, is three hundred twenty (320) or more square feet,
and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical system contained there-
' in; except that the term includes any atructure which meets all
the requirements and with respect to which the manufacturer
files a certification required by the Secretary of the U.S. Depart-
ment of Housing and Urban Development and complies with the
standards of the Manufactured Home Building Code as defined in
M.S. 327.31, Subdivision 3.
(149) Multiple-occupancy structure. A principal building housing
two (2) or more independent business or industrial uses which are
permitted in the district.
(Ord. No. 235, § § 1-12, 12-27-84)
SECTION III. MINIMUM COMPLIANCE ftEQUIREMENT5
A. Compliance with this ordinance.
No building, structure or parcel of land may hereafter be
used or occupied and no building germit shall be issued for any
structure or use which does not conform to the provisions of
this ordinance, except as hereafter provided under subsection
III C and Section X.
B. Requirements not to be reduced.
No existing lot, yard or parking area shall :be so reduced
in area or dimension as to make any such area or dimension
less than the minimum required by this ordinance, and if al-
ready less than the minimum required, it shall not be further
reduced.
No yard or open space provided about any building for the
purpose of complying with the provisions of this ordinance
shall be considered as providing a yard or open ,space for any
other building, and no yard or open -space on adjoining prem-
ises shall be considered as providing a yard or open :space on a
lot whereon a building is to be erQCted.
' Supp. No. 20 1805
~
Sec. III, C AIi.DEN HILLS CODE
C. Temporary dwellings.
No garane, tent, trailer or accessory building shall at any
time be used as a dwelling except mobile homes located in
an approved mobile home park, and except for :structures re-
ceiving a temporary council permit. The council may, in its
discretion, grant a temporary permit for the use of the fore-
going structures as dwellings for a period not to exceed ninety
(90) days when an emergency or hardship situation exists.
In addition to the foregoing the cauncil may, if in its dis-
cretion it determines an emergency or hardship situation
exists, grant a temporary permit for the use as a residence
of a basement under a finished structure where the base-
ment is rnade :suitable and safe for said residential purpose
and occupancy is approved by the Building Inspector.
SECTION IV. ZONING MAP AND BOUNDARIES
OF ZONING DISTRICTS
A. Zoning Map.
The boundaries of the zoning districts defined in Section V
are hereby established as shown on the map entitled "Official
Zoning Map of Arden Hills, Minnesota," which map is properly
approved and filed in the office of the city clerk-administrator.
Said map and all of the notations, references and other in-
formation shown thereon shall have the :same force and effect
as if set forth herein at length.
(1) Rezoning. The off"icial zoning map for the City of Arden
Hills is hereby amended to indicate that the following de-
scribed property is being rezoned from I-1 (Limited Indus-
trial) and R-1 (Single-Family Residential) to GB (Gateway
Business):
(a) All that area south of State Trunk Highway 96;
(b) East of I-35W;
(c) North of I-694; and
Supp. No. 20 1806
~
APPENDIX A-ZONING Sec. IV, A
(d) Westerly and southerly of Round Lake as further il-
lustrated in the Notice of Public Hearing, published on
January 10, 1990.
(2) The official map for the city is hereby amended to indicate
that the following described property is being rezoned from
an I-2 zone (General Industrial District) to a I-Flex zone
(I-Flex District):
Tax Parcel Numbers: 27-30-23-13-0001; 27-30-23-13-0003;
27-30-23-13-0004; 27-30-23-14-0005; 27-30-23-14-0009; 27-
30-23-14-0011; 27-30-23-42-0001; 27-30-23-42-0002; 27-30-
23-42-0003; 27-30-23-42-0004; 27-30-23-43-0003; and 27-30-
23-43-0004.
(3) The official map for the city is hereby amended to indicate
that the following described property is being reaoned from
an I-2 zone (General Industrial District) to a B-2 zone (Gen-
eral Business District):
Tax Parcel Numbers: 27-30-23-43-0006; 27-30-23-43-0007;
27-30-23-44-0001; and 27-30-23-44-0010.
(4) The official map for the city is hereby amended to indicate
that the following described property is being rezoned from
an I-2 zone (General Industrial District) to a B-3 zone (Ser-
vice Business District):
Tax Parcel Numbers: 27-30-23-14-0007; 27-30-23-14-0012;
27-30-23-41-0001; 27-30-2341-0004; 27=30-23-41-0016; 27-
30-23-440007; 27-30-23-44-0008; and 27-30-23-44-0013.
(5) The official map for the city is hereby amended to indicate
that the following described property is being rezoned from
an I-2 zone (General Industrial District) to a B-4 zone (Re-
tail Center District):
Tax Parcel Numbers: 27-30-23-41-0005; 27-30-23-41-0006;
27-30-23-41-0007; 27-30-23-41-0008; 27-30-23-41-0010; 27-
30-23-41-0012; 27-30-23-41-0013; 27-30-23-41-0014; and 27-
30-23-41-0019.
(6) The official map for the city is hereby amended to indicate
that the following described property is being rezoned from
Supp. No. 22 1807
Sec. V, A ARDEN HILLS CODE
an B-2 zone (General Business District) to a B-3 zone (Ser-
vice Business District):
Tax Parcel Numbers: 27-30-23-14-0001; 27-30-23-14-0008;
27-30-23-41-0011; 27-30-23-41-0015; 27-30-23-41-0017; 27-
30-23-41-0020; 27-30-23-41-0021 and 27-30-23-44-0015.
(Ord. No. 271, 9-10-90; Ord. No. 278, 4-8-91)
I B. Boundaries of Zoning Districts.
District boundary lines as indicated on said map are in-
tended to follow street right-of-way lines, street center lines
or lot lines unless a boundary line is otherwise indicated on
said map.
In the case where a boundary line does not appear to follow
a property line, street or right-of-way line, or where such
line is not dimensioned on said map, the boundary line shall
be determined by the scale appearing on the map.
C. Annexed Territory.
A building moratorium shall apply, not to exceed the time
permitted by state statute, to any territory annexed to the
city, until such time as a detailed study by the planning
commission has taken place as to the proper zoning for the
property newly acquired. Following such study the city shall
proceed to zone the property in accord with the procedures
prescribed by this ordinance for rezoning.
D. Vacated Streets.
Whenever any public street is vacated by official action,
the zoninb districts abutting the center li:ie of said vacated
street shall not be affected by such action.
E. Zoning and the Comprehensive Development Plan.
Any change in zoning by the county shall automatically
amend the comprehensive development pian in accordance with
the said zoning.
Supp. No. 22 1808
i
APPENDIX A-ZONING Sec. V, C
SECTION V. DISTR,ICT PROVISIONS
A. Establishment of Districts.
The zoning diatricts designated herein are hereby estab-
lished .so as to assist the city in ca.rrying out the intent and
purpose of its comprehensive development plan for the city
and to control residential densities in such a manner as to
provide adequate public services and utilitie:s.
B. I)esignation of Zoning Districts.
For the purposes of this ordinance, the City of Arden Hills is
hereby divided into the following zoning districts:
R-1 Single-Family Residential District;
R-2 Single- and Two-Family Residential District;
R-3 Townhouse and Low-Density Multiple-Dwelling District;
R-4 Multiple-Dwelling District;
B-1 Limited Business District;
B-2 General Business District;
B-3 Service Business District;
B-4 Retail Center District;
GB Gateway Business District;
I-1 Limited Industrial District;
I-2 General Industrial District.
I-Flex I-Flex District.
(Ord. No. 270, 9-10-90; Ord. No. 277, 4-8-91)
C. Permitted Principal Uses.
Certain principal uses for each zoning district shall be
permitted as a matetr of right to be located on a site in that
zoning district subject to a building permit issued pursuant
to the provisions of the building code, and this ordinance is
applicable. Where question arises as ta whether a proposed
use fa11s within a permitted use category and/or a special
Supp. No. 22 1809
Sec. V, C AR.DEN HILLS CODE
use category, the planning commission shall make a recom-
mendation to the city council which shall make the final
determination.
D. Purpose of Districts.
(1) R-1 Single-Family Residential District.
The R-1 residential district is intended to establish areas for
the development of single-family detached housing on parcels of
land approximately one-third (Ys) acre in size. The R-1 zones are
intended to reserve development areas for single-family housing
and to restrict encroachment of incompatible uses and at the same
time take advantage of municipal utilities, maintain density lim-
itations and preserve open space. Council, in its discretion, may
order public hearings and such other procedural steps which may
be appropriate to the individual application.
i (2) R-2 Single-Family and Two-Family Residential Districts.
The R-2 residential district is intended to establish areas for
the development of single- and two-family detached housing on
parcels of land approximately one-fourth (1/4) acre in size. The R-2
I zones are intended to reserve development areas for single- and
two-family housing and to restrict encroachment of incompatible
uses and at the same time take advantage of municipal utilities,
maintain density limitations and preserve open space. Council in
its discretion may order public hearings and such other proce-
dural steps which may be appropriate to the individual applica-
tion.
(3) R-3 Townhouse and Low-Density Multiple-Dwelling District.
The R-3 residential district is intended to provide areas offering
a broad development range in housing units yet retain the envi-
ronment and character of less intensive residence areas through
carefully established bulk and lot area requirements. Well-
designed townhouse projects and medium-density garden-type
apartments would be examples of appropriate uses in the R-3
district.
(4) R-4 Multiple-Dwelling District. ,
The R-4 residential district defines areas for the develop-
ment of higher density multiple-dwelling structures than
Supp. No. 22 1810
APPENDIX A-ZONIDTG Sec. V, D
permitted in the R-3 district. It is intended that areas zoned
with the R-4 classification permit the most intensive resi-
dential development, subject to the district provisions stated
herein. The character of the R-4 district should remain essen-
tially residential.
(5) B-1 Limited Business District.
Trie limited business district is intended to provide a dis-
trict which is related to and may reasonably adjoin high-
density or other residential districts for the location and de-
velopment of administrative office buildings and related office
uses which are subject to more restrictive controls. The office
uses allowed in this district are those in which there is lim-
ited contact with the public and no exterior display or selling
of inerchandise to the general public.
(6) B-2 General Business District.
The general business district is established to group com-
patible retail business uses which will tend to draw trade
that is naturally interchangeable and so promote business
prosperity, provide an adequate supply of businesses and pro-
fessional service areas to meet the needs of the residents and
to promote a high quality of total commercial development
and design that produces a positive visual image and mini-
mizes the effects of traffic conoestion, noise, odor, glare and
similar safety problems.
(7) I-1 Limited Industrial District.
Because most light industrial activities are in close relation
to commercial and residential areas, the type and intensity
of industrial uses should be held to those types that do not
detract from the surrounding area. It is for this purpose that
performance standards in the limited industrial district should
be high and that the intensity of land utilization be less than
in heavy industrial use areas.
(8) I-2 General Industrial District.
This district is established to provide an area where more
intensive light industrial land uses may locate. The degree
Supp. No. 22
1811
Sec. V, D ARDEN HILLS CODE
of land coverage and the uaes within this district are con-
sidered to .be too intensive to be normally included within the
limited industrial district aiid should therefore be separated
and lacated in such areas to present the least d-eleterious ef-
fect to adjacent, less intensive land uses.
(9) Gateway Business District.
This district is established to implement that part of the Arden
I Hills Comprehensive Development Plan known as the I-6941
1-35W Plan (the plan) in order to promote high-quality, unified,
large-scale development in a manner similar to a planned unit
development, to take full advantage of the district's location as
described in the plan, to protect the district's environmental re-
sources, to promote flexibility in land uses and development stan-
dards to achieve the objectives of the plan, to allow development
which will ensure reasonable traffic operation on the internal and
surrounding transportation systems and to allow only develop-
ment which will create an attractive environment and a positive
image for the district which encompasses a tract of land located at
the nexus of I-694/I-35W that is the most visible in the city and
represents the city's last major development site.
(Ord. No. 270, 9-10-90)
E. Land Use Chart.
The chart below shows the uses which are permitted as a matter
of right (P) or by means of special use permit (S) or planned unit
development permit (D) or are not allowed whatsoever in a11 of
the zoning districts in the.city but for the GB District. The uses
which are allowed in the GB District are set forth in Section VIII,
H(4) hereof, and those which are prohibited are set forth in Sec-
tion VIII, H(5) hereof. The uses which are allowed in the B-3
District are set forth in Sections VIII, I(3) and (4) hereof. The uses
which are allowed in the B-4 District are set forth in Section VIII,
J(3) and (4) hereof. The uses which are allowed in the I-F District
are set forth in Section VIII, K(3) and (4) hereof, and those which I
are prohibited are set forth in Section VIII, K(5) hereof.
Supp. No. 22
1812
APPENDIX A-ZONING Sec. V, E
Zoning Districts
Uses R-1 R-2 R-3 R-4 B-1 B-2 I-1 1-2
Agriculture p p p p p p p p
Boardinghouse S S S S - - - -
Clubs and lodges p p
Commercial recreation - - - - - p p p
Day care and residen-
tiai facility:
Day care facility:
10 or fewer P P P p -
Over 10 p p p p
Residential fa-
cility:
6 or fewer P p p p
Over 6 - - - - S S S S
Dog kennels g
Drive-in business
Earth-sheltered homes S S - - - - - -
Electronic towers S S S S S S S S
Garage, truck - - - - - - S S
Home occupation S S S S - - - -
Hotel/motel _ p _ _
Houses of worship S S S S - - - -
Institutional housing S S S S - - - -
Land reclamation S S S S S S S S
Manufactured home P P P P - - - -
Manufacturing and pro-
cessing p p
Medical clinics - - - - S P S S
Mining S S S S S S S S
Miscellaneous towers S S S S S S S S
Mobile home parks - - S S - - -
Mortuaries - - - _ - g _ _
Motorized vehicle sales,
leasing and rentals - - - - - $ _ _
Multiple-family dwell-
ings - - D D - - - -
Nurseries S S S S - - - -
Offices p p p p
Personal services p _ _
Public uses S S S S S S S S
Repair garage - - - - - _ _ p
Research - - _ _ p g p p
Research animals - - - - - S S S
Restaurants - - - - - P S S
Restaurants, drive-in - - - - - S - _
Restaurants, fast-food - - - - - $ _ _
Retail sales - - - - - p _ _
Supp. No. 22 1813
Sec. V, E ARDEN HILLS CODE
Zoning Districts
Uses R-1 R-2 R-3 R-4 B-1 B-2 I-1 I-2
Service stations - - - - - S S S
Schoois, general educa-
tion S S S S - - - -
Schools, special educa-
tion - - - - S S - -
Single-family attached
dwellings S S D D - - - -
Single-family detached
dwellings P P P P - - - -
Single-family dwelling
under density zoning D D D D - - - -
Two-family dwelling S S P P - - - -
Mixed residential types - - D D - - - -
Soil processing S S S S S S S S
Utility distribution
lines P P P P P P P P
I Utility substation - - - - - - S S
Utility transmission S S S S S S S S
Veterinary clinic and
offices - - - - - S S S
Warehousing - - - - - - p p
P- Permitted
D-Pl¢nned unit deaelopment permit
S-Speciad use permit
(Ord. No. 235, § 13, 12-27-84; Ord. No. 270, 9-10-90; Ord. No. 277,
I 4-8-91)
Supp. No. 22 1814
F. District Requirements.
The table below shows the mini '
city but for the GB District. The z
, forth in Section VIII, H(6) hereof.
set forth in Sections VIII, I(5), (6
District are set forth in Sections `
the I-Flex District are set forth in
I
(1) Minimum lot area (square footage pe
Si ngle-family . . . . . . . . . . . . . . . . . .
Two-family . . . . . . . . . . . . . . . . . . .
(2) Minimum lot azea, nonresidential us
special use or PUD permit) . . . . . . .
i31 Minimum iot dimensions (in feet),
building line/depth:
Single-family . . . . . . . . . . . . . . . . . .
Two-family . . . . . . . . . . . . . . . . . . .
(4) Maximum building bulk requiremen
Height (feet above grade)
Floor area ratios (FAR) . . . . . . . . . .
Lot coverage by structure (per cent).
(5) Minimum landscape lot area (per cei
(6) Minimum setbacks (in feet):
Front yard . . . . . . . . . . . . . . . . . . .
Rear yard:
Principal . . . . . . . . . . . . . . . . .
Accessory . . . . . . . . . . . . . . . . .
Side yard, interior:
Principal . . . . . . . . . . . . . . . . .
Accessory . . . . . . . . . . . . . . . . .
Side yard, corner . . . . . . . . . . . . . . .
Lakeshore high water mark.......
Boundary of residential zoning distri
(7) PUD and SUP, maximum dwelling i
net acre
I *Aggregate minimum 25 feet in R-1; ag€
**But in no case less than t!z building hei
(Ord. No. 270, 9-10-90; Ord. No. 2
Supp. No. 22
APPENDIX A-ZONIN.G Sec. VI, A
SECTION VI. GENERAL REGULATIONS
A. Accessory Uses and Structures.
(1) Time of construction. No accessory strueture shall be
constructed on anq lot prior to the time of construction of the
principal structure to which it ia accessory.
(2) Height. No accessory structure shall exceed the height
of the principal structure to which it is accessory.
(3) Location. No aecessory atructure shall be located nearer
the front lot line than the principal structure to which it is
accessory. Accessory structures may be located on thraugh
lots to the rear of the principal structure, provided that they
are not closer than twenty (20) feet to either front lot line.
An accessory structure may be located within the rear yard
setback required for the principal structure, provided that
the lot is not a through lot and said accesaory structure does
not occupy more than twenty-five (25) per cent of a required
rear yard.
(4) Home oeupation. No home occupation shall be permitted
in any accessory structure.
(5) Accessory retail sales, processing, and storage. Accessory
retail sales shall be permitted in industrial districts, and acces-
sory processing, assembly, repair, and storage of materials shall
be permitted in business districts when such uses are directly
assceiated with the principal use, and when such incidental sales,
prceessing, assembly, repair, and storage are necessary to con-
duct a permitted principal or special use. Such acxessory use shall
not exceed thirty (30) per cent of the flood space of the principal
structure or use, and shall be enclosed within the principal structure.
(6) Number in residential districts. In residential districts
there shall be no more than one accessory atructure of a single
type on any individual lot.
(7) Size of certcain accessory structures. Breezeways, de-
tached outdoor picnic shelters, open arbors, trellises, and de-
Supp. No. 9 1817
I
Sec. VI, A AR,DEN HILLS CODE
tached outdoor living raoms shall not exceed five hundred
(500) square feet.
(8) Certain day care facilities as accessory uses for houses of
worship and schools. Day care facilities for over ten (10) persons
shall be considered as accessory uses for houses of worship and
schools within all residential districts.
(Ord. No. 235, 14, 15, 12-27-84)
B. Eaceptiona to the Minimum Requirements for all Districts.
(1) Setbacks:
(a) Front setbacks. Where adjacent atructures have a
different aethack from that required herein, the
front setback of a new principal structure shall
conform to the prevailing setback in the immeciiate
vicinity. The administrator shall determine the
necessary front setback in such cases. However,
in no case ahall a residential structure be re-
quired to set back more than sixty (60) feet.
(b) Side and rear setbacks. Buildings may be exempted
from side and rear aebback requirementa provided
party walls are used and if the adjacent buildinga
are constructed as an integral unit, or if residen-
tial structures are to be constructed utilizing the
"zero lat line" concept. Townhouse, shopping cen-
ter, cluster developments and componenta of in-
stitutional facilities are examples of where this
provision would apply.
(2) Permtitted Eneroachments:
(a) Features which are part of a principal structure,
including but not limited to eaves, cornices, can-
opies, awnings, open porches, balconies, steps,
ramps, fire escapes and chimneys, may extend
three (3) feet into the required front, side and rear
setbacks.
(b) Exterior earth retaining structures may encroach
to within three (3) feet of the lot line.
3upp. No. 9 1818
APPENDIX A-ZONING 3ec. VI, B
(c) Recxeational equipment, picnic tables, patios, uncovered-
outdoor eating facilities and clothes-drying equipment
may be located in rear yards provided these are not
less than two (2) feet from any lot line.
(d) On a corner lo't, nothing ahall be placed or allowed
to grow in such a manner as to impede vision be-
tween a height of two and one-half (21/2) and ten
(10) feet above the center line Srades of the
intersecting streets within fifteen (15) feet of the
intersecting s'txeet rights-of-way.
(3) Height:
(a) Exceptiores Height limitations shall not apply to church
spires, belfires, cupolas and domes; chimneys and
smokestacks; public monuments and flagpoles; pub-
lic and private utility facilities; electronic transmis-
sion towers; roof-mounted television and radio an-
tennae and parapet walls extending not more than •
four (4) feet above the limiting height of the building,
except as hereinafter provided.
Roof-mounted mechanical equipment, either
screened or completely enclosed, shall be excepted
from the height limitations if the encloaure (or
enclosures) dces not occupy more than thirty (30)
per cent of the roof area and doea not extenci more
than twelve (12) feet above the roof upon which
it is located.
(b) Variances for certain structures. Any structure,
other than as noted above, that is praposed to
exceed the height limits imposed by provisions of
this ordinance may be permitted by a variance,
provided it is determined that:
1. Adequate fire protection and other safety
features are to ~be provided; and
2. The height and bulk of the structure will not
destroy a scenic or other appropriate view,
3upp. No. 9 1819
Sec. VI. B ARDEN HILLS CODE
nor will it shut off light and aix from sur-
rounding properties, or otherwiae be detri-
mental to the public welfare; and
3. The proposed structure will not exceed a floor
area ratio of 0.5 ; and
4. The proposed atructure will have setbacks
equal to or greater than the height, and the
distance between any two (2) principal build-
ings must be no less than one-half (1/2 ) the
sum of the heights of the two (2) struc-
tures.
(Ord. No. 235, 16, 17, 12-27-84)
C. Additional Minimum Bequirements for Drive-in Businesses,
Fast Food Restaurants arid Automobile Service Stations.
, Because drive-in businesses, fast food restaurants and auto-
mobile service stations present certain unusual problems, they
ara herebg required to meet the following requirements in
sddition tfl the general requirements applicable to them in
the zoning district in which they are to be located :
(1) Location of Drive-in Businesses and Fast Food Restau-
rants:
(a) Proximity to Schools, Cnurches, Public Recreation-
al Areas and Residential Lots. No drive-in busi-
ness or fast food restaurant shall .be located within
~ four hundred (400) feet of a public, private or
parochial school, a church, a public recreation area,
or any residentially zoned property.
(b) ProximitY to Ot her Establishments. No drive-in
business or fast food restaurant shall be located
within one thousand three hundred twenty (1,320)
feet of the boundaries of another one.
(c) Unreasonable Traffic Volume. No drive-in business
or fast food restaurant shall be located on the site
3upp. No. s 1820
L
APPENDIX A-ZONING Sec. VI, C
if the probable result of such location would be
unreasonably to increase traffic volume on nearby
streets.
(d) Size of Lot. No drive-in business or fast food res-
taurant shall ,be located on a lot of less than
twenty-four thousand (24,000) square feet
Supp. Na 9 1820.1
APPENDIX A-ZONING See. VI, C
(2) Standards for Drive-in Businesses, Fast Food Restau-
rants and Automobile Service Stations:
(a) Landscaping. A lot to be used for drive-in business,
fast food restaurant or automobile service station
purposes ,shall be landscaped at least to the follow-
ing depths from each lot line :
1. Twenty (20) feet from the front lot line, ex-
cept for approved access drive;
2. Ten (10) feet from each side lot line; and
3. Fifteen (15) feet frflm rear lot line.
(b) Electronic Devices. Electronic devices such as loud-
apeakers or devices, drive-in ~theater car speakers
an-d similar instruments, shall not be located with-
in fifty (50) feet of any adjacent lot regardless
of use or zoning -district.
(c) Curbing. All curbing required by the council shall
be concrete, and a box curb not less than six (6)
inches above grade shall separate the public right-
i of-way from the motor vehicle service areas, ex-
cept at approved entrances and exits.
(d) Snow Storage. Adequate area shall be designed for
snow storage such that clear visibility shall be
afforded from the property to any public street.
(e) Screening, A suitable screening fence shall be
erected along all property lines except those which
are also public right-of-way lines. Said fence shall
be of a type and design approved by the council. '
Planting of a type approved by the council may '
also be required in -addition to or in lieu of fencing.
(f) Design. The design of all structures shall be com-
patible with other structures in the surrounding ;
area, ~
Supp. No. 4 ~
1821
1
~
J
Sec. VI, C ARDEN HILLS CODE
(g) Signs. No permanent or temporary signs visible
from the public street shall :be erected without
approval from the council.
(h) Traffic Circulation. No aite plan shall be approved
which will in any way constitute a hazard to ve-
hicular or pedestrian circulation.
(i) Accesa. Access shall be to public streets from at
least two (2) points on the subject premises.
(j) Rules and Regulations of State Fire Marshal. With
respect to automobile service stations, any building
proposed to be used as a service station shall be
canstructed and maintained as required by the rules
and regulations of the state fire marshal govern-
ing the handling, storage and transportation of
fl.ammable liquids. Every facility, whether under-
ground or aboveground and whether indoors or
out-of-Lloors., for the handling, storage and move-
ment of flammable liquids, shall likewise be con-
structed and maintained in accordance with the
rules and regulations of the state fire marshal.
D. Areas Without Sanitary Sewer.
(1) Minimum lot area. In areas not served by public sani-
ta.ry sewers, single- and two-family homes shall have a mini-
mum lot area of one (1) acre, except smaller lots may be
permitted by variance if it can be demonstrated that such
lots will not result in any contamination of the soil, ground-
water or anything else that might endanger the public health.
(2) Areas not to be served within one year. Except as pro-
videri in .the previous provisions hereof, development is pro-
hibited in areas not served or to be served within one year.
E. Design Standards.
The standards established in this -section are designed to
encourage a high standard of development by providing assur-
ances that neighboring land uses will be r,ompatible. These
Supp. No. 4
1822
APPENDIg A-ZONING -Sec. VI, E
standards are also designed to prevent and, eliminate those
:conditions that cause urban blight. All f uture development
shall be required to meet or exc,eed these atandards. Tne atand-
ards shall also apply to existing development where so stated.
Before any applications for development or construction
under this ordinance or the building code are approved, it
shall be determined that the proposal will be in- conformance
with these standards unless a variance has been granted. It
shall be the responsibility of the applicant to demonstrate
such conformance.
(1) Of f-Publie Street Parking:
(a) Area. For the purpoae of this ordinance, a parking
space shall be not less than three hundred (300)
aquare feet per vehicle of standing and maneuver- ~
ing area. Individual spaces shall be at least nine
(9) feet in width.
(b) Access. All off-street parking spacea shall have
access drivewaya and access directly to public
streets. Curb cuts for uses other than single-
family homes shall be approved .by the council.
Curb cuts along arterial and collector roads shall
be held at a minimum wherever possible.
Any residential lot which has fronta,ge on a local
or collector street and a maj or or minor arterial
(as defined by the comprehensive plan of Arden
Hills) shall gain access only from the local or col-
lector street.
(c) Surfacing and drainage. Off-street parking areas ;
shall be improved wxth a durable and dustless sur-
face. Such areas shall be so graded and drained so !
as to dispose af all surface water accumulation '
within the area. Such surface for single-family
homes may include crushed rock, while all other
uses shall utilize a water-sealing material as ap- ,
proved .by the city engineer.
Supp. No. 4 -
1823 j
~
J
r
Sec. VI, E ARDEN $ILLS CODE
(d) Location. All off-street parking sgaces herein re-
quired shall be located according to the following:
1. Spaces required for one- and two-family dwell-
ings shall be on the same lot as the principal
structure.
2. Spaces required for multiple-#amily dwellings
shall be on the same lot as the principal struc-
ture served or within two hundred (200) fset
of the main entrance if not located on the
same lot.
3. Spaces required for business and industrial
uses shall be within eight hundred (800) feet
of the main entrance to the principal building
served.
, 4. No off-street parking space, with the exception
of driveway, shall be within twenty (20) feet
of right-of-way line of any public street.
j 5. No off-street parking area containing four (4)
or more spaces shall be closer than five (5)
feet from the side or rear lot lines.
(e) Joint facilities. The required off-street parking
spaces for two (2) or more uses ma.y be located
j ointly on the same lot or in the same structure
when :
1. The number of spaces provided is equal to or
greater than the sum of the separate require-
ments for each use; and
2. The joint facility is within four hundred (440)
feet of each use to be served; and
3. It can be demonstrated that there will be no
substantial conflict in the principal operating
hour.s of the uses to be served; and
4. A properly drawn legal instrument, executed
by the parties involved, is filed with the city
Supp. No. 4
1824
APPENDIX A-ZONING 8ec. VI, E
and the proper county office, if deemed neces-
sary by the city attorney, which provides for
such mutual parking agreement which shall
not be terminated without the approval of the
council.
(f) Off-street parking spaces requtired:
Use Number of Spaces
Dwellings 2 spaces per dwelling
unit
Churches, theaters, au- 1 space for each 3 seats
ditoriuma, mortuar- or fdr each 5 feet of
ies, and other placea pew length, based upon
of asaembly maximum design ca-
pacity
Business and profession- 1 space for eaeh 250
al offices square feet of grosa
floar space
Medical clinica 4 spaces for each doctor
or dentiist, plus one
spaee for each 250
square feet of grosa
floor spaee
Retail salea 1 space for each 150
aquare feet of gross re-
tail sales floor space
Motels, hotels, and tour- 1 spaee for each dwell-
ist homes ing unit, plus 1 spaee
for each employee
Multiple-occupancy struc- Spaces equal to the sum
tures of the separate parking
~ requirements for each use
I contained therein.
Restaurants, taverns and 1 space for each 3 seats
bars
3upp. Na 9 1825
Sec. VI, E AR.DEN HILL3 CODE
Use Number of Spaces
Service stationa 3 spaces for each en-
cloaed bay, plus 1 apace
for each full-time em-
ployee during any work
shift
Bowling alleys 5 spaces per lane, plus
additional spaces as re-
quired f.or related uaes
Other buaineas and in- 1 space for every one
dustry and one-half (11/2 ) em-
ployees (based upon
maximum planned em-
ployment during any
work period), or 1
space for each 1,000
square feet of floor
area, whichever re-
quirement is the great-
er
Uaes not apecifically Parking space require-
not
ed above includ- menta shall
, be deter-
ing public usea mined by the council
upon advice from the
planning commission
(g) Conuersion or alteration of approved uses. A commer-
cial or industrial building which received site-plan
approval and was issued a building permit for a use,
~ or uses, and which is later converted, remodeled, or
modified to accommodate another permitted use, or
uses, which has a greater off-street parking require-
ment shall be required to apply for site-plan revieva- _
and approval to assure the adequacy of off-street
parking.
(2) Landscaping/Planting:
(a) In all districts all developed uses ahall provide
and maintain alandscaped area according to mini-
' 8upp. Na 9 1826
APPENDIX A-ZONING Sec. VI, E
muma in the district requirements chart. Planting
within such area shall be subj ect to approval of
the city council.
(b) In all districts all develcrped usea shall provide and
maintain a landscaped yard along all streets. This
yard shall be kept clear of all structures, storage
I and off-street parking. Except for driveways, the
yard $hall extend along the entire frontage of the
lot and along both streets in the case of a corner
I lot. Such yard shall have a minimum depth of at
least twenty (20) feet from the right-of-way line.
I
~
I
Supp. No. 9
1826.1
APPENDIX A-ZONING See: VT, E
(c) Areas less than ten (10) feet in width, or isolated
and less than five hundred (500) square feet in
size, shall not be included in landscape area re-
quirements.
(d) Quantity and character of landscaping, as o'rigi-
nally approved, s'hall be maintained in perpetuity.
(3) Drainage. No land shal~l be tleveloped nor shall any use
be permitted that results in water runoff causing fload-
ing or erosion on adj acent properties. All drainage
shall be properly channeled into a storm sewer, water-
courae, ponding area or other facility as approved by
the city engineer and the Rice Creek Watershed Dis-
trict where it ha.s j urisdiction over the matter.
(4) Of f-Street Loading. Off-street loading space shall be
provided in connection with any use which requirea the
receipt or distribution of materials by truck. Where ~
noise from such loading space is. audible in a residential
district, the activity shaIl terminate between the hours ~
of 7:00! p.m. and 7:00 a.m. ;
(5) Lighting:
(a) Direction. In all districts lighting shall be so ar- ~
ranged as to direct light away from adj oining lots
and public streets. Direct or sky-reflected glare, ~
from floodlights or high temperature processes
such as combustion or welding, shall not be directed
at any at}j oining lots.
• (b) Concealment or hooding of source. The sflurce of
illuminate shall be nooded, concealed or controlled
in a manner so as not to .be visible from adjoining
lots or streets.
(6) Access Drives:
(a) Proximity to lot lines. Access drives may be placed
adjacent to property lines, except that clrives con-
sisting of cruahed rock or other non-finished sur-
facing shall be no eloser than one (1) foot to any,,
side or rear Iot line.
Supp. No. 4 .
~ 1827
,
Sec. VI, E ARDEN HILLS CODE _
(b) Proximity to residence or other principal building.
No access drive shall be closer than three (3) feet
to any single- or two-family residence, nor closer
than five (5) feet to any other principal building.
(7) Fences, Walls and Hedges. Fences, walls and hedges
shall be permitted in any yard subj ect to the following :
(a) Height of solid walls in general. Solid walls in
excess of forty-two (42) inches in height are pro-
hibited.
(b) Height of fences in general. Fences in yards other
than front yards may not exceed six (6) feet in
height.
(c) Height of fences and solid walls in front yards.
Fences and solid walls in excess of thirty-six (36)
' inches in height in front yards are prohibited.
(d) Openness of fences. Fences ahall be at least thirty
(30) per cent open for the passage of light and
, air.
; (e) Barbs or spikes on f ences. No fsnce shall have
~ barbs or spikes at any point less than six (6) feet
~ above the ground, except where the fence is used
~ for agricultural purposes.
(f ) Placement o f f ences along Zot lin.es. Fences may be
placed along lot lines provided no damage of any
~ kind reaults to the abutting property.
(g) Dxrection of fence facinq. That side of tlie fence
considered to be the face (facing as applied to
fence posts) shall face an abutting lot.
(8) Screening:
L (a) Residential districts. Screening shall be required in
residential diatriets where :
1. Off-street parking areas contain more than
four (4) parking spaces that are within thirty
(30) feet of an adjoining lot. ,
Supp. No. 4
1828
L
APPENDIX A-ZONING Sec. VI, E
2. The driveway to a parking area of more than
six (6) parking spaces is within fifteen (15)
, feet of an adjoining lat.
(b) Proximity to residential lot. Screening shall be re-
quired where :
1. Any business or industrial use is adjacent to
any zoned residential, along the boundary of
any such residential 1ot;
2. Any business, parking lot or industrial use is
acrosa the street from a residential district,
but not on that side of a business or industrial
use considered to be the front.
(c) Mechanical operating equipment. Screening shall
also be provided where mechanical operating
equipment is located on the ground or on the
roof of the premises, such screening shall be con-
structed and located so as to prevent direct view
of said equipment.
(d) Types of screening. The screening required in this
section shall consist of a fence, wall or landscaping
area subject to the approval of the council. Land-
scape planting ,may be required in addition to the
screening fence or wall.
(e) Corner lot. On corner lots, nothing shall be placed
or allowed to grow in such a manner as to mate-
rially impede vision between a height of two and
one-half (21/2) and ten (14) feet above the center
line grade of any adjacent street if within fifteen
. (15) feet of any intersecting street right-of-way
line.
(9) Reserved
supp. xo. s
1829
Sec. VI, E ARDEN HILLS CODE
(10) Storage of Flammable and Combustible Liquids:
(a) Compliance iuith uniform fire code. All bulk storage
of flammable and combustible liquids shall conform
to the Minnesota Uniform Fire Code as adopted by
ordinance 229, and all other provisions of ordinance
229.
(b) Permits. Permits shall be required as provided in
section 5 of ordinance 229.
(c) Discontinuance of hazardous existing storage tanks.
Any existing storage tank that constitutes a hazard
to the public safety shall be discontinued.
(d) Screening. All above-ground storage tanks, except
tanks used for liquefied petroleum, shall be screened
from view. Such screening shall conform to the Uni-
form Fire Code and the setback requirements of this
appendix.
(11) Traffic Control:
(a) Avoidance of hazards by channelization. The traffic
generated by any use shall be channelized and con-
trolled in a manner that will avoid traffic hazards.
(b) Regulation of internal traf fic flow. Traffic, in-
ternal to PUDs, subdivisions, commercial and in-
dustrial sites, shall be so regulated as to insure its
safe and orderly flow.
(12) Restrictions on Location of Nonresidential Uses in
Residential Districts. In the granting of special use or
planned unit development permits for nonresidential
uses to be located in a residential district on a site
of one (1) acre or more, the council shall not permit
access from that site to a cul-de-sac or local street and
also shall not permit any structure or hard surface
area to be constructed on said site closer than one hun-
dred (100) feet from any adjacent residential lot.
3upp. No. 9 1830
(13) Aesthetics: APPENDIX A-ZONING Sec. VI, F
(a) Evaluation of impact. The proposed design, scale,
massing, materials, height and other asppcts of
the subject matter of any permit requested here-
under shall be evaluated by the planning commis-
sion and the council with respect to structures and
properties in the surrounding area. To this end,
the planning commission and the council shall con-
sider, prior to the issuance of any permit here-
under, whether the appearance of the subj ect
matter is so at variance with the structures and
properties in the aurrounding area as to cause a
substantial depreciation in the property values in the surrounding area or to unreasonably detract
from the appearance of the area or the city as a
whole.
(b) Applicability. The foregoing considerations shall
be applicable to any permit applications other than
detached dwelling units.
(14) Design Standards for Principal Structures in Residential
Zoning Districts.
(a) Minimum width. All principal structures in residen-
tial zoning districts, except mobile homes in approved
mobile home parks, shall have a minimum width of
twenty (20) feet measured from face to face of princi-
pal exterior walls.
(b) Foundation. All principal structures in residential
zoning districts, except mobile homes in approved
mobile home parks, shall be placed on permanent
foundations which comply with the requirements of
the State Building Code and which are continuous
and solid for the entire perimeter of the structure.
(Ord. No. 235, § § 20-22, 12-27-84)
F. Performance Standarda
(1) Maintenance. In all districts, all buildings, structures,
including fences, and required landacaping shall be maintained ~
Supp. No. 8 1831
~
Sec. VI, F ARDEN HILLS CODE
so as not to be unsightly or present harmful health or safety
conditions.
(2) Refuse:
(a) Containmeyxt. In all districts, all waste materials,
debris, refuse or garbage shall be kept in an en-
closed building or be properly screened and con-
tained in a closed container designed for such
purpose.
(b) Noxious weeds and objectionable plant groZVth.
Land ahall be kept free of noxious weeds and un-
sightly or obj ectionable plant growth.
(c) Interpretation. All exterior storage not included
as accessory to the permitted or special use or
otherwise permitted by the provisions of this ordi-
nance shall be considered to be refuse.
(tl) Compliance deadline. Existing uses shall comply
with these provisions within aixty (60) days fol-
lowing the effective date of this ordinance.
(3) Yehicle Parking:
(a) Inoperable and unlicensed vehicles. Passenger vehi-
cles and trucks that are in an inoperable condition or '
are unlicensed or in storage shall not be parked out-
doors in the city for a period exceeding seven (7)
days. "Inoperable" shall mean incapable of movement
under its own power or in need of repair or disposal
in a junkyard.
(b) Parkinq in residential districts. Parking in residen-
tial districts shall be limited to the use of the
occupants of those residences and their guests.
(c) On-public-street parking. On-public-street parking '
ahall not exceed six (6) continuous hours.
(d) Commercially licensed vehicles, trailers and cabs.
~ No commercially licensed motor vehicle or trailer
with a rated gross weight exceeding seven thou-
Supp. No. 9 1832
APPENDIX A-ZONING Sec. VI, F
sand (7,400) pounds shall be parked or stored in a
residential area except when loading, unloading or
rendering a service.
(e) Number of parking spaces for home accupation.
No home occupation shall be permittetl which cre-
ates a need for more than three (3) parking
spaces at any given time in addition to the re-
quired spaces for the dwelling unit.
(f) Parking on boulevards prohibited. No motor ve-
hicle shall be parked upon the boulevard of any
public street.
(g) Parking setback from intersections. Parking shall
be set back from street intersections as follows :
1. Twenty (20) feet from crosswalk of any un-
controlled intersections;
2. Thirty (30) feet from crosswalk of any con-
trolled intersections;
3. Twenty (20) feet from any intersection with-
ont a marked crosswalk.
(4) Exterior Storage:
(a) Residential district. In residential districts, all ma-
terials and equipment shall be stored within a
building or be fully screened so as not to be
visibie from adjoining lots, except for the follow
ing: Laundry drying and recreational equipment;
construction and landscaping materials currently
(within a period of twelve (12) months) being
used on the premises ; agricultural materials and
equipment if these are used or intended for use
on the premises; off-street parking of pasaenger
cars and pickup trucks•.
(b) Boats, trailers and utility vehicles. Exterior storage of
boats, trailers and utility vehicles is not permitted in
any residential district, except those less than twenty
3upp. No. 9 1833
Sec. VI, F ARDEN HILLS CODE
(20) feet in length which may be stored in the side or
rear yard.
(c) Business and industrial districts. All permitted exte-
rior storage in the business and industrial districts
shall be screened from public view, except materials
and equipment being used for on-site construction.
Trucks parked in public view and utilized for storage
for more than a period of seven (7) days sha11 be
prohibited.
(5) Electrical and Radiation Emissions. No activities shall be permitted that emit dangeraua radioactivity beyond an
enclosed area. There shall be no electrical diaturbance adverse-
' ly affecting the op°ration at any point of any equipment other
than that of the creator of such distur.bances.
(6) Emission or Creation of Noise, Odors, Vibrations,
~ Glare, Smoke, Heat, Toxie or Noxious Fumes. Emission or
creation of noise, odors, vibratians, glare, dust, amoke, heat
and toxic or noxious fumes shall conform to such standards
as are from time to time established by the Minnesota Pollu-
tion Control Agency. None of these shall be at a level that
is obj ectionable to surrounding properties.
(7) Proximity of Residential Dwellings to Free-tvay. No
developer shall locate a residential dwelling of whatsoever
kind in an area adjacent to a freeway with a greater noise
magnitude than seventy (74) dba as designated on the appli-
cable noise level map of the Minnesota Department of Trans-
porta.tion, unless he has first abtained written approval by
said department of landscaping, or [taken] other screening
measures which have the effect of abating the noise level in
the area to seventy (70) dba or less.
(8) Lakefront Lots. All lots having frontage on a body of
water must be maintained in accordance with the following:
i
(a) Location of principal buildings and landscapinq.
No principal building ahall be located within
seventy-five (75) feet of the high waterline and at
least seventy-five (75) per cent of said seventy-
3upp. No. 9 1834
APPENDIX A-ZONING Sec. VI, F
five (75) feet shall be landscape or left in its
natural state.
(b) Maintenctnce of waterfront area. The waterfront
area shall present a neat and not unsightly appear-
I ance from the water and shall be protected from
adverse conditions affecting the public. For the
purpose of this provision, "adverse conditions"
shall be interpreted as utilization of more than
ten (10) per cent of the ahoreline for docks or
other accessory buildings or structures, grading
or otherwise removing natural cover from the lake-
front area, or accumulation on the lakefront area
of debris, the creation or maintenance thereon ot
safety hazards, cut or fill which change the nat-
ural shoreline, maiiitenance of health h,azards
thereon, and similar conditions.
(c) Location of accessory buildings or struct2tres. Ac-
cessory buildings or structures shall be located
behind the high waterline.
I
(9) Animals:
~ (a) Location of buildings or structures having animaFs.
Any building in which farm animals are kept shall
I be lacated a distance of two hundred (200) feet or
more from any lot line. Any open structure in
which farm animals are kept shall be a distance
of four hundred (440) feet or more from any lot
line.
(b) Maximum number of animals per single-family
dwelling. Up to four (4) domestie animals, exclud-
ing birds, may be kept in any dwelling unit, but
not more than two (2) may be dogs.
(c) Animals for research. Animals for research may
be kept in appropriate places by special use permit.
(10) Site Grading:
(a) The maximum slope for graded earth surfaces shall
be 3 :1.
Supp. No. 1.5 1834.1
Sec. VI, F ARDEN HILLS CODE
(b) Earth surfaces shall be planted or stabilized to
prevent erosion.
(c) Finished slopes and grades shall not cause adverse
drainage effects on adjoining properties.
(Ord. No. 235, §§23-25, 12-27-84)
G. ftequirements for Vehicular Circulation.
(1) Traf fic and Circulation. AIl commercial and industrial
buildings or structures and their accessory uses shall be ac-
~ cessible to and from nearby public streets and sidewalks by
driveways and walkways surfaced.with a hard, all-weather,
~ durable, dust-free material and properly drained. Vehicular
traffic generated by a commercial or industrial use shall be
channeled and controlled in a manner that will avoid con-
~ gestion on the pubIic streets, traffic hazards, and excessive
traffic through residential areas, particularly truck traffic.
I The adequacy of any proposed traffic circulation system to
accomplish these obj ectives shall be determined by the city
~ which may require such additional measures for traffic con-
trol as deemed necessary, including, but not limited to the
I following : Directional signalization, channelization, standby
turn lanes, illumination and storage area and distribution
facilities within the commercial site to prevent backup of ve-
~ hicles on public streets. Internal site traffic shall be designed
to separate perimeter traffic and parking stalls areas. Said
~ stalls shall be oriented so as to accommodate pedestrian traf-
fic in a safe manner such as, but not limited to, orienting
parking aisles toward the principal site uses.
(2) On-Site Parking Facility. A building permit shall be re-
quired in such case where a commercial, industrial, public or
semipublic land use is intending to construct an on-site park-
ing facility containing a site aggregate of more than four (4)
spaces or a loading faciIity of any kind and the facility is
not a part of, or has prior approval as a part of a site plan
for which a building permit has been issued.
(3) Driueway Widths. The following are the required driveway
widths for driveways accessing the following types of streets or
Supp. No. 15 18342
APPENDI% A-ZONING Sec. VI, G
roads, the measurements being between the edges of the drive-
way at right angles thereto: .
Residenti¢Z Commercial'
(In Feet) (In Feet)
Types Minimum Mccrimum MFnimum Mazimum
Minor streets , 10 22 y 22 32
City collector streets and
county highways3 12 22 26 32'
State highwaysa 12 24 32 32'
I ' Radius adequate for trafric conditions.
2 As recommended by the county or state.
3 Access permit,required from Ramsey Courity or t h e
. Minnesota Department of Tran'sportation.
(4) Minimum Driveway Angle to Public Street. Thirty
(30) degrees when public street is one-way or divided, other-
wise sixty (60) degrees.
_ x
(5) Minimum Distance of, Driveway from Street Intersec-
tiontr. Distance shall be measured, along street right-of-way
line between the nearest driveway edge and ~the nearest right-
I of-way line of the intersecting street. F ~°~a.
If the driveway and the intersect- and the driveway ente7s
enters a street ing street'is elas- lane } approachinq , or
classified as a: sified as a: leaving intersection:
Approaching Lea,v,ing*
Local street Local street, col-
lector or mi-
nor arterial 15 ft. 15 ft.
Major arterial 20 ft. 15 ft.
I f the driveway and the interseet- and the driveway enters
enters a street inq street is clas- lane approaching or
elassified as a: sif•ied as a: leaving intersection:
Approaclaing Leaving*
Collector street Local street 20 ft. 15 ft.
and minor Collector, minor
arterial arterial 25 ft. 15 ft.
Maj or arterial 35 ft. 20 ft.
Supp. No. 15 1835
Sec. VI, G AR.DEN HILLS CODE
I f the driveway and the intersect- and the driveway enters
enters a street ing street is clas- lane approaching or
classified as a: sified as a: leaving intersection:
Approaclaing Leaving*
Major axteriai Locat street
Collector, minox 20 ft. 15 ft.
arterial 25 ft. 15 ft.
Major arterial 44 ft. 20 ft.
Expressway
ramp 200 ft. 100 ft.
*Note: Minimum distance to be the same as that specified
for approaching lane if left turns are permitted into
or out of driveway.
(Ord. No. 255, § 1, 3-14-88)
H. Filling and Exc.avation.
(1) Permit required An administrative permit shall be required
fqr any fllling or excavation of up to four hundred (400) cubic
yards per parcel, Qr four hundred (400) cubic yards per acre,
whichever is greater. Operations of over the abpve-described amounts
eha11 be considered land reclamation or mining. and shall require
a spscial use permit in accordance with ehapter 8 of t4e ArdeM
Hills Code of Ordinances.
(2) Exceptions, The following operations are excepted from the
preceding permit requirements:
(a) Excavation related to the construction of a building with a
duly issued building permit;
(b) Filling, excavation, and grading associated with site im-
provements and site preparation for a duly approved sub-
division or site plan;
(c) Excavation for construction of public streets and utilities;
(d) Filling, excavation, or movement of less than one hundred
(100) cubic yards of earth for landscaping purposes on a lot
already occupied by a residential structure;
(e) Minor agricultural or conversation operations.
Supp. No. 15 1836
- -
.
I APPENDIX A-ZONING Sec. VI, H
(3) Performance time. Filling and excavation operations for
'
which a permit has been issued shall be cbmpleted within a
i period of one hundred twenty (120) days from the commencement
of the operation, and witHin one year of the issuance of the
' permit, unless and extension is requested of and granted by the
~ city council.
~ (4) Periodic operations. Periodic filling or excavation of amounts
' less than four hundred (400) cubic yards per parcel or per acre
' shall be allowed under separate administra'tive permits until the
~ composite total of such periodic operations exceeds four huhdred
i (400) cubic yards. Further operations will then be subject to the
, requirements of chapter 8 of the Arden Hills Code of Ordinances.
i .
i
,
.
Supp. No. 15 1$87
.
APPENDIX A-ZONING Sec. VII, A
(5) Submissions. The applicant for a permit shall submit the
following information:
(a) A legal description, plat, or survey of property to be altered.
(b) A statement of purpose for the filling or excavation.
(c) A plan identifying the areas of the site to be altered, the
estimated quantity of material to be moved, the degree of
grade adjustment, the proposed finished grade, the exist-
ing and proposed drainage pattern, and proposed erosion
control measures. A complete grading plan may be required
if considered necessary to the evaluation of the request.
(d) A list of local streets to be used to transport the materials.
(6) Review procedure. The permit application shall be reviewed
by the city engineer and other members of the administrative
staff to determine the impact of the proposed operations upon
drainage patterns, adjacent properties, wetlands, and bodies of
water. The permit may be approved as submitted, approved with
modifications, or rejected because of specifically stated adverse
impacts. ff denied, the applicant may appeal the administrative
decision to the city council within ten (10) days. (Ord. No. 235, §
26, 12-27-84)
SECTION VII. SPECIAL PftINCIPAL USES
A. Purpoae and Intent.
It is recognized that certain principal uses of land, although
generally compatible with the basic use classification of a
particular zoning district, should not be permitted generally
and as a matter of right to be located in every area included
within the zoning district because of hazards inherent in the
use itself or speeial problema which its proposed location may
present. .Such a use of a particular site may, nevertheless, be
specially permitted by means of a special use permit, granted
by the council, after the procedures set forth in this ordinance
have been complied with, and the council, on the basis of the
guidelines and criteria set forth in this section, has determined
that the facta and circumatances of the particular case war-
Supp. No. 9
1838.1
i
Sec. VII, A ARDEN HILLS CODE
rant granting the germit. The permit shall be granted solely
for the proposed use of a particular site, not for a particular
' person or firm.
B. General Criteria»
In determining whether to grant a special use permit for
' the proposed u,se of a particular site, the council shall conaider
the factual findings, conclusiona and recommendations of the
planning commission, as contained in its report, and both ahall
consider the effect of the proposed use upon the health, safety,
I convenience, and general welfare of the ownera and occupants
of surrounding land, in particuIar, and the community as a
whole, in general, including but not limited to the following
factors: Existing and anticipated traffic and parking condi-
tions ; noise, glare, odors, vibration, amoke, dust, air pollution,
heat, liquid or solid waste, and other nuisance characteristics;"
drainage; population denaity; visual and land use compatibility
with uses of and struetures on surrounding land; adjoining
land values; and the orderly development of the neighborhood
and the city within the general purpose and intent of this
ordinance and the comprehensive development plan for the
city.
C. Imposition of Conditions; Violations Thereof,
In the granting of a special use permit, the council may
impase such special conditions, in addition to the general
conditions and requirements of this ordinance to which every
special use permit shall be subject, as it deems necessary to
serve and protect the health, safety, convenience and general
welfare of the community. Such conditions may include, among
other things, a time limit within which the apecial permitted
use, or a portion thereof, or improvements in conneetion there-
with are to be eatabliahed, constructed, completed flr com-
menced, and a requirement that the person or firm tq whom
~ the apecial use permit has been granted deposit with the city
either cash or a performance bond in a sum equal to one hun-
dred twenty-five (125) per cent of the estimated cost, as
determined by the city engineer, of improvements to be con-
3upp. No. 9 1838.2 ,
APPENDIX A-ZONING Sec. VII, C
atructed in accordance with the permit to inaure completion
thereof within the tim,e limit specified in the permit. The
conditions ao imposed by the council shall be apecifically
stated in the permit. The violation of any apecial or generul
3upp. No. 9 1838.3
APPENDIX A-ZONING Sec. VII, F
condition set forth in a special use permit shall constitute a
violation of this ordinance.
D. Changes in Specially Permitted Use.
After the special use permit has been granted, the use epe-
cially permitted thereunder shall be established, conciucted
and maintained in conformity with the terms thereof, includ-
ing alI conditions set forth therein. Any structural altera-
tion, enlargement or inten.sification thereof, or similar change
not specially permitted by the permit, shall require an amended
permit and all procedures shall apply as if a new permit were
being requested ; provided, however, that when such changes
are deemed to be insignificant by the zoning admin'istrator,
the requirements of a public hearing may be waived.
E. Automatic Expiration. In the event a special use permit does not contain as a
special condition a time limit, it shall automatically expire and
become void one (1) year from and after the date on which
it was granted unless the use for which it was granted has
been substantially established or constructed or unless, upon
written application made by the person to whom the permit
was granted within such year, the council sh.all have extended
the expiration date of su-ch permit for an additional period,
not to exceed six (6) months.
If the use for which any special use permit has been
granted has ceased or has been diseontinued for a peried of
ninety (90) consecutive days, the permit shall automatically
expire and become void at the end of such ninety-day period.
F. Issuance of Building Permit Before Special Use Permit
Prohibited.
No building permit shall be issued for any use in a zoning
district which requires the issuance of a special use permit
befoxe it can be located in the particular diatrict, until after
the special use permit has been granted by the council.
~ Supp. No. 4
1839 i
,
,
I
J
Sec. VII, G ARDEN HILLS CODE
G. Special Usea
Special uses and the particular zoning districts in which they
may be allowed to be located after the council's issuance of a
special u.se permit are designated in the land use chart set
forth in Section V D hereof.
H. Medium- and High-Density Residential Uses.
in the granting of special use permits for medium- and high-
density residential uses the council .shall first find that the
pmposed development is in compliance with the adopted com-
prehensive development plan for Arden Hills, both in terms of
the various policq statements and the site location set forth
therein.
SECTION VIII. ADMINISTR,ATION AND PR,OCEDURES
A. Amendments.
(1) Initiation. An amendment to this ordinance may be
initiated by the council, the planning commission or by appli-
cation of affected property owner(s). An amendment not
initiated by the coxnmission shall be referred to the commis-
sian for study and report and may not be acted upon by the
council until it has received the recommendation of the com-
mission on the proposed amendment, or until sixty (60)
days have elapsed from the date of reference of the amend-
ment to the commission, whichever accurs first.
(2) Official Notiee of Publie Hearing:
(a) Published notice. No amendment shall be adopted
until a public hearing has been held thereon by the
commission or the council. A notice of the time,
place and purpose of the public hearing shall be
published in the offi.cial newspaper at least ten
(10) days prior to the day of the hearing.
(b) Mailed notice; rezoning amendments. When an
amendment involves changes in district bound-
aries, i.e., rezoning, an additional notice shall be
mailed at least ten (10~) days before the day of the
Supp. No. 4
1840
.
APPENDIX A-ZONING Sec. VIII, A
hearing to each owner of affected property and
property situated wholly or partly within three
hundred fifty (350) feet of the property to which
the amendment relates. For the purpose of giving
mailed notice, the zoning administrator may use
any appropriate records to determine the names
and addresses of owners. A copy of the notice and
a list of the owners and addresses to which the
notice was sent shall be atte,sted to by the zoning
administrator and shall .be made a part of the
records of the proceedings, The failure to give
mailed notice to individual property owners, or
defects in the notice, shall not invalidate the pro-
ceedings, provided a bona fide attempt to comply
with this subdivision has been made.
(3) Rezoning Amendments; Additional Proeedures in Sub-
division B. Rezoning amendments shall also be governed by
the provisions set forth in Subdivision B of this section.
(4) Public Hearing by Planning Commission. Within sixty
(60) days after the date of receipt of the application by the
zoning administrator or the council's initiation of the amend-
ment, the planning commission shall hold a public hearing
and make a written report to the council of its findings, con-
clusions and recommendations, unless the commission, upon
written request of the applicant, grants a time extension.
(5) Additional Hearings by Council. The council may hold
additional hearings within thirty (30) days after the receipt
of the report from the commission. If the commission fails to
make a report within sixty (60) days after receipt of the
application, then the council shall hold a public hearing within
thirty (30) days after the expiration of said sixty-day period,
unless the council, upon receipt of a written request, grants
an extension of time. Failure to receive a report from the
commission, as herein provided, shall not invalidate the pro-
ceedings or actions of the council.
(6) Action by Council. fihe council must take action on the
application within sixty (60) days following the report to
Supp. No. 4
1841
~ .
Sec. VIII, A ARDEN HILLS CODE
it by the commission or following a hearing held by the coun-
cil. Council action may include approval, denial or referral
ba,ck to the commission. The applicant, if any, shall be notified
in writing of the council's action.
(7) Resubmission of Denied Application. No application
which has been denied wholly or in part shall be resubmitted
for a period of six (6) months from the date of said order of
denial.
(8) Effectuation of Amendment. In the event an application
or amendment initiated by the council or the commission is
approved, an appropriate amending ordinance shall be exe-
cuted and published. Rezoning amendments shall describe
the property rezoned by its legal description, and shall be
indicated on the official zoning map, .but it ahall not be
necessary to republish said zoning map to effectuate the re-
zbning amendment.
(9) Effect of Rezoninq Amendment Upon Comprehensive
Development Plan. Any ehange in zoning shall automatically
amend the comprehensive development plan in accordance
with said zoning change. Such change shall be recorded as an
amendment to the comprehensive development plan.
B. Rezonings.
(1) Application. The applicant for a rezoning shall fill out
and submit to the zoning administrator an application, to-
gether with the required fee and six (6) copies of the docu-
I mentation required bY this subdivision.
(2) Documentation Required. The applicant shall file the
following documentation to support his application for a
rezoning :
(a) Ownership report. An ownership. report showing the
apparent record owners of the property and those
within three hundred fifty (350) feet of the outer
limits of the property which is the subject of the
application. If the applicant is not the record owner
Supp. No. 4
1842
I
~
APPENDIX A-ZONING See. VIII, C
of the property, written consent of the owner shall
also be filed.
(b) Location map. A map indicating the general location of.
the subject property.
(c) Survey. A plot plan or survey, drawn to scale by a
registered surveyor, delineating the site dimensions,
and the location of all building and structures on and
within one hundred (100) feet of the property.
(d) Comprehensive plan statement. A written statement
indicating how the proposed rezoning will be in har-
mony with and in conformity with the comprehensive
development plan for the city. If the proposed rezoning
is not in conformity with said plan, the statement
shall clearly demonstrate that the proposal is equal
to or better than the plan. It shall be shown that there
has been an essential change in the conditions and/or
character of the area since the property was last zoned.
(e) Development plan. In order to visualize the results of
any rezoning, the applicant shall prepare and submit
a preliminary development plan for the property re-
quested to be rezoned. This plan shall be used by the
commission and council for discussion purposes only,
but will serve to illuatrate the potential development
of the site should the rezoning be granted.
(3) Business Districts. Before any new area is rezoned to
a business classification, the property must be lacated adja-
cent to an arterial or collector road as shown on the compre-
hensive development plan, or the rezoning will be an extension
of an existing business district.
C. Special Use Permits.
(1) Application. The applicant for a special use permit
shall fill out and submit to the zoning administrator an appli-
cation, together with the required fee and six (6) copiea of
the documentation required by this subdivision.
Supp. No. 4
1843
~
Sec. VIII, C ARDEN I3ILLS CODE
(2) Doeumentation Required. The applieant shall file, along
with the required application fee, the following documentation
to support his application for a special use permit unless, in
the opinion of the zoning administrator, certain of the follow-
ing dacuments or parts thereof can ;be waived until further
request:
(a) Ownership report. The ownership report shall show
the apparent record owners of the property which
is the subject of the application, and those within
three hundred fifty (350) feet of the outer limits
thereof. If the applicant is not the record owner
of the property, written consent of the owner shall
also be filed.
(b) Survey. The survey shall contain the following
data :
1. The date, north point, map scale, name and
address of the applicant, owner, operator, sur-
veyor, engineer and designer, including their
license numbers and seals ;
2. A correct legal description of the subj ect prop-
erty made and certified to by a registered land
surveyor;
3. Depiction of all watercourses, lakes, marshes,
wooded areas, rock outcrops, power transpor-
tation poles and lines, gas lines, single trees
with a diameter of eight (8) inches or more
as measured three (3) feet above the base of
the trunk, and any other significant existing
features;
4. Delineation of topography of subject property
with contour intervals of not more than two
(2) feet and supplementals of one (1) foot in
extremely flat areas, the data for which shall
be derived from the fifth generil adjustment
of 1929 ;
Supp. No. 4
1844
~I
~
APPENDIX A-ZONING Sec. VIII, G
5, The location, right-of-way width, dimensions
and names of existing or dedicated streets or
other public lands, permanent buildings and
structurea, easements, section and corporate
lines within the subject property and -mithin
a distance of one hundred (100) feet of the
outer limats thereof ;
6. Descriptions, reference ties and elevations of
all benchmarks;
7. Lacation of all monuments existing at the time
of the survey, and those whieh the surveyor
shall have located at the corners of the sub-
ject property; and
Reference to and relations of municipal, town-
ship, county or section lines to lines of the
subj ect property by distances, angles, radii,
internal angles, points and curvatures, tangent
bearings and lengths of all ares.
(c) Site plan. The site plan shall contain such informa-
tion as rnay be deemed necessary or desirable in-
cluding, but not limited to the following:
1. Location of all existing and proposecl buildings
and structures on and within one hundred
(100) feet of the outer limits of the subject
property, along with their heights, square
footages and dimensions;
2. Location of curb cuts, driveways, parking
spaces and off-street loading areas;
3. Location, size, and type of storage facilities
for the storage of trash, waste materials and.
snow;
4. Plans for drainage, erosion control, sedimen-
tation control ; and
6. Location of utilities.
Supp. No. 4
1s45
Sec. VIII, C ARDEN HILLS CODE
(d) Lighting plan. The lighting plan shall show the lo-
cation and type of any exterior lighting to be used
to illuminate the proposed site.
(e) Planting plan. The planting plan shall indicate the
location, size, and type of all proposed planting
materials to be used on the site.
(f) Structural pkcns: 1. Elevation drawings or illustrations indicating
the architectural treatment of 411 proposed
buildings and structures ;
2. General floor plans of all proposed buildinga
and structures ;
3. Type of use, number of employees, users or
occupants expected ;
4. Type, location and treatment of interior and
exterior mechanical devices, such as vents, ex-
haust fans, air conditioners and elevators ;
5. Design layout and size of all proposed signs;
and
6. Outline apecificationa for the proposed struc
tures.
(3) Referral to Planninq Commission. Upon the receipt of
the application and the six (6) copies of the dacumentation
required by the previous paragraph, the administrator shall
place the matter of the application on the agenda for the
planning commission's next regularly scheduled meeting, un-
, less such meeting is within seven (7) days of such receipt.
In the event the application is received by the administrator
~ within seven (7) days of the regulaxly scheduled coznmission
meeting, it shall be placed on the commission's agenda for
the next subsequent scheduled meeting thereof, either speeial
or regular.
(4) Referral to Others. The administrator shall also refer
copies of the application and required documenta,tion in sup-
Supp. No. 4
1846
APPENDIX A-ZONING Sec. VITI, C
port thereof to other city officials who have an interest there-
in in accordance with the administrative distribution schedule
as from time to time is established and maintained by the
administrator.
(5) Planning Commission Review. The planning cammission
shall review the application and documentation in support
thereof and upon finding them to be complete, with the
ownership approved by the attorney, shall instruct the ad-
ministrator to schedule a public hearing with all reasonable
promptness after such determination.
(6) Official Notice of Public Hearing:
(a) Published notice. The administrator shall cause to
be published in the official newspaper of the city
at least ten (10) days but not more than thirty
(30) days prior to the date of the public hearing
on the application for a special use permit, a notice
describing the proposed use and site therefore and
setting forth the location, time, date and purpose
of such hearing.
(b) Mailed notice. In addition to the notice required
above, a similar notice shall be mailed by the ad-
ministrator at least ten (14) days prior to the
date of the official public hearing on the appli-
cation, to each owner of property situated wholly
or partly within three hundred fifty (350) feet
of the property to which the application far special
use permit relates.
(c) Record of notice. A copy of the notice and a list
of the names and addresses to which the notice
was sent shall be attested to by the administrator
and shall be made a part of the records of the
proceedings.
(d) Failure of written notice. The failure to give mailed
notice to individual property owners shall not
invalidate the proceedings, provided a bona fide.
attempt to eomply with this subdivision has been
xnade.
Supp. No. 4
1847
Sec. VIII, C ARDEN HILLS CODE
(7) Public Hearing. The planning commission shall conduct
the public hearing. The applicant or his representative shall
be given the opportunity to appear before the commission to
answer questions or give explanations regarding the proposed
special use. The commission may adj ourn the public hearing
to its next meeting, either regular or special, and may con-
tinue its study and consideration of the application at meet-
ings subsequent to the meeting at which the public hearing
was initially held. Upon completion of the public hearing and
its study and consideration of the application, the commission
shall submit its written report, containing its finding, con-
clusions, and recommendations as to the application, to• the
council.
No special use permit shall be granted by the council
until a public hearing has been held thereof by the commis-
sion, and the report of the commission has been received by
the council.
(8) Action by the Council. Within sixty (60) days follow-
ing the date of the receipt of the planning commission's re-
port, the council shall act upon the application for a special
use permit. The council may, only upon written request by the
applicant, extend its time for consideration and action. A
majority of the full council shall be required to grant a
special use permit. Nothing in this paragraph shall prohibit
the council from holding such additional hearings as it deems
necessary within the sixty-day period following the receipt of
the report of the commission.
Council action may include approval in whole or part,
denial in whole or part, tabling for a specified period of
time, or referral back to the commission for its further con-
sideration and report to the council within a specified period
of time not to exceed sixty (60) days from the date of such
referral. The applicant shall be notified in writing of the
council's action.
(9) Denial of Special Use Permit. In the event the council
denies in whole or in part the application for a special use
permit, it shall furnish the applicant with a written docu-
Supp. No. 4
1848
1
APPENDIX A-ZONING Sec. VIII, D
ment advising him of the denial and specifying- the factual
`bases and reasoning upon which the denial was predicated:
(10) Resubmission of Application Denied. No application for
a special use permit which has been denied by the council
shall be resubmitted for a period of at last six (6) months
from the date on which said application was denied.
(11) Amendments of Special Use Permit. An amended spe-
cial use permit application shall be administered in a manner
similar to that required for a new special use permit. Such
applications shall include re-applications for permits that
have been denied, revoked, or have expired; renewal or tempo-
rary permits; requests for changes in conditions; and auch
other instances as are provided for in this ordinance.
(12) Periodic Review. A periodic review of the permit and
its conditions shall be maintained. A violation of any condition
set forth in the permit shall be a violation of this ordinance
and shall be cause for revocation of the permit. In the everit
that the council proposes to cancel or revoke a special use
permit, except where such permit expires at a certain time
by its own terms, the council shall cause written nqtice
thereof to be given to the accupier and owner, and they shall
have an opportunity to be heard, but no further notice need
be given.
(13) Administrative Reeords. The actministrator shall main-
ta,in a record of all sgecial use permits issued, including in-
formation on the use, location, conditions imposed, time limits,
review dates, and other such information as may be appro-
priate.
It shall be the responsibility of. the administratox to
advise the council of any expiring time limit, prior to ex-
piration and/or violation of any sp,ecial use permit,
D. Vaxiances.
(1) Adherence to the provisions of this ordinance is re-
quired except for special cases which arise beeause of the
configuration of a particular parcel. A variance or variances
Supp. No. 4
1849
Sec. VIII, D AR.DEN EiILLS CODE
may be granted from specific provisions of this ordinance be-
cause such land factors as length of a side of a lot, the shape
of the lot or the unusual terrain prohibit reasonable devel-
opment equivalent to that which wfluld be permitted without
variance on asimilax size lot located in the same district,
but which lot has no unusual configuration.
(2) In no case shall the granting of a variance irnpair the
health, safety, 4omfort and general welfare of the public,
nor will it be contrary to the intent and purpose of the
comprehensive plan, the official map, or this or any other
ordinance of the city.
(3) Variances normally relate to the dimensional provi:sions
of the ordinances such as, but not liTnited to, :building setback
lines, lot area requirements and the like. Variances in use
that are not permitted in the district shall not be permitted.
(4) The council may impose conditions in the granting of
variances to insure compliance and to protect adjacent proper-
ties.
,
(5) Variance tfl height of structure may be granted in
accordance with Section VI B(3) (b).
(6) Procedure. The procedure fbr the granting of variances
is as follows :
(a) An application for a variance shall be filed with the
admini.strator :stating the exceptional conditions and
peculiar difficulties claimed. Also submitted at this
time shall be the required fee and supportive docu-
menta.tion as may be deemed necessary.
~ The application shall be referred to the baard of ap-
peals and adjustment for study concerning the effect
on the character and development of adjacent prop-
erties. The applicant may request to appear before the
board in order to answer questions and to explain the
request. The boaxd may hold public hearing.s as it
deems neceasary whenever it detexmines that adjoin-
ing property owners or other residents in the city should
Supp. No. 4
1850
~ I
APPENDIX A-ZONING Sec. vIII, D
be advi~sed of the proceedings or given an opportunity
to appear therea.fter.
(c) Within thirty (30) days of receipt of application, the
board shall prepare a report of its findings and recom-
mendations following its consideration of the appliea-
tion.
The report of the board shall be sent simultaneously
~ to the planning commission and the council. This raport
shall be considered by the commission at its next regu-
lar meeting after receipt of the regort, or at such
special meeting as the commission shall deern proper.
(e) The planning commission .shall consider the application
and report its findinga and recommendations to the council within thirty (30) days of its receipt, of the
board's report.
(f) The reports of the planning commission an&-boar& of
shall be placed on the agenda
of the council at its next regular meeting after the ap-
plication has been considered by the commission. At
such meeting the council shall consider the report of
the board and the report, if any, of the commission
thereon. In the absence of a report from the commis-
sion, it shall be conclusively presumed that the eom-
mission has no objection to the board's report and
recammendation.
(g) In considering applications for variances, the council
shall consider the advice and recommendationg of the
board and the commission a,nd may grant the variance
if it determines that the variance is permissible in
accordance with the foregaing sta.ndards. Variances mag
be denied by motion of the council, and such motion
-shall constitute a finding and determination that the
conditions required for approval do not exist. No appli-
cation for a variance which has been denied wholly or
in part shall be resubmitted for a period of aix (6)
months from the date of said order of denial.
Supp. No. 4
1851
See. VIII,'D ARDEN HILLS CODE -
(h) It is contemplated that any work involved or required
by reason of a Variance will be commenced promptly
and concluded within a reasonabie time. Accordingly,
all variances shall be granted on the automatic condi-
tion that such work shall commence within six (6)
months after the granting of the variance and con-
cluded within one (1) year after such granting.
This condition need not. be specifically stated within
the variance, and this is not intended to limit the au-
thority of the council with respect to imposition of
other or different time limitations if deemed proper
in the particular case.
It shall be the responsibility of the administrator to
check on these time limitations or any other limitations
contained in the variance and advise the council of any
breach thereof. Breach of tne limitations, whether con-
tained herein or specifically in° the variance itself,
shall be grounds for cancelling the variance.
E. Site Plan Review.
The issuance of a building permit for any permitted principal
use, or the modification of any site improvement listed herein
for any established use, within any business or industrial
zaning district, shall require the fbllowing site plan review
procedure•
(1) Documentation Required. The applicant shall file along
with the required application and'fee, six (6) copies
of the following documentation to the administrator :
(a) Site plan. The site plan shall contain such infor-
- mation as may be deemed neeessary or desirable
~ including, but not limited to the following:
1. A plot plan or survey, drawn to scale by a
registered surveyor, delineating site dimen-
sions including lot lines and setbacks there-
from;
2. Location of all buildings and structures on and
within one hundred (100) feet of the proposed
site;
Supp. No. 4
1852 ~
APPENDIX A-ZONING Sec. VIII, E
3. Location of all buildings, heights and square
footages;
4. Curb cuts, driveways, parking spaces ;
5. Off-streetloading areas;
6. Indication of location, size and type of stor-
age facilities for the storage of trash and
waste materials;
7. Drainage plan of the proposed site; and 8. Location of utilities.
(b) Lighting plan. The lighting plan shall show the
location and type of any exterior lighting to be
used to illuminate the proposed site.
(c) Planting plan. The planting plan shall indicate the
location,_size and type of proposed plant materials
to be used on the site.
(d) Structural plans:
1. Elevation drawings or illustratipns indicating
the architectural treatment flf all proposed
buildings and structures ;
2. General floor plans of all prbposed buildings
and structures;
3. Type of use, number of employees, users or
occupants expected;
4. Type, location and treatment of interior and
exterior mechanical devices, such as vents,
exhaust fans, air conditioners, elevators; '
5. Design layout and size of all praposed signs;
and
6. Outline specifications for the proposed struc- ,
tures.
(2) Referral to Planning Commission. Upon the receipt of
the application and the documentation required, the
Supp. No. 4
1853
,
~
Sec. VIII, E ARDEN HILLS CODE
administrator shall place the matter on the agenda for
the planning commission's next regularly scheduled
meeting, unless auch meeting is within seven (7) days
of such receipt. In the event the application is received
by the administrator within seven (7) days of the
next regularly scheduled comm'ission meeting, it ahall
be placed on the commission's agenda for the next
subsequent regularly scheduled meeting thereof.
(3) Referral to Others. The administrator shall also refer
copies of the application and required documentation
in supgwrt thereof to other city officials who have an
interest therein in accordance with the required ad-
ministrative distribution schedule.
(4) Planning Commission Review. The planning commis-
sion shall review the application and supportive docu-
mentation. The applicant or his representative shall
be given the opportunity to appear before the commis-
sion to answer questions or give explanationa regard-
ing the proposed use. The commission ahall submit ita
report, containing its findings, conclusions and recom-
mendations as to the application, within ninety (90)
days of receipt of full documentation, to the council.
No building permit for permitted principal uses in
business or industrial districts shall be granted by the
council until the report of the commission has been
received and considered by the council.
(5) Action by the Council. Within thirty (30) days follow-
ing the date of the receipt of the commission's report,
the council ahall aet upon the application. The council
may, only upon written request by the applicant, ezctend
its time for consideration and action. Nothing in this
garagraph shall prohibit the council from holding such
hearings as it deems necessary within the thirty-day ,
period following the receipt of the report of the com-
miasion.
Council action may include approval, approval with
conditions, denial in whole or in part, tabling for a
Supp. No. 4
1854
~
i
APPENDIX A-ZONING Sec. VIII, E
specified period of time, or referral baek to the plan-
ning commission for its further consideration of the
application and report to the council within a specified
period of time. The appIicant shall be notified in writ-
ing of the council's action.
In the event the council denies in whole or in part the
application, it shall furnish the applicant with a writ-
ten document advising him of the denial and specifying
the factual bases and reasoning upon which the denial
was predicated.
(6) Resubmission of Denied Applications. No application
which has been denied by the council shall be resub-
mitted for a period of at least six (6) months from the
date on which said application was denied.
(7) Expiration of Buildinq Permit Approval. Building per-
mit approval shall automatically expire and become
void one (1) year from and after the date on which
the council granted such approval if the building per-
mit has not .been issued by the building inspector. The
council may extend the expiration date of such permit
approval for an additional period, not to exceed six
(6) montha, upon written application by the person
to whom the permit approval was granted.
(8) Periodic Review. A periodic review of the permit and
ita conditions ahall be maintained. A violation of any
condition set forth in the permit shall be a violation of
this ordinance, and shall be cause for revocation of the
permit. In the event that the council proposes to cancel
or revoke ~a permit, the council shall cause written no-
tice thereof to be given to the occupier, and owner
shall have an opportunity to :be heard, but no further
notice need be given.
(9) Administrative Reeords. The zoning administrator shall
maintain a record of ali germits issued, ineluding in-
formation on the use, location, conditions imposed, time
limita, review dates, and such other inforxnation as
m.ay be a~ppropriate.
Supp. No. 4
1855
Sec. VIII, E ARDEN HILLS CODE.
It shall be the responsibility of the administrator to
advise the council , of any expiring time limit and/or
violation.
F. Structure fteiocation.
Any house or other structure to be moved "onto a vacant lot
in Arden Hills shall fully comply with all applicable provisions
of this ordinance and the building code. Applicant shall sub-
mit documentation and allow inspection to ensure compliance
with all applicable codes. "
G. . Planned Unit Deveiopment Permits.
(1) Purpose and Intent. The purpose of this subseetion G
is to encourage, preserve and improve the health, safety and
-general welfare_ of the citizens of the City of Arden Hills
by encouraging the use of contemporary land planning prin-
ciples and coordi~nateci community design through a planning
and design technique hereinafter referred to as the "Planned
Unit Development," or "PUD," which pramates the develop-
ment of land in a unified manner by treating the entire de-
velopment as a single entity and relaxing the strict applica-
tion of standard zoning and subdivision xequirements. The
following provisions are intended to ensure that the planned
unit development technxque is properly and effectively utilized.
It is intended that these provisions will foster:
(a) Flexibility in land development to benefit from
new technology in building d6sign and construction
and in land development;
(b) Variety in the organization of site elements, land
uses (nonresidential and residential), building den-
sities, and building and dwelling types;
(c) Higher standards of aite and building design
through the use of trained and experienced pro-
fessional land planners, landscape architects, reg-
istered architects, engineexs and surveyors to pre-
pare plans for all planned unit . developments ;
Supp. No. 4
1856
APPENDIX A-ZONING Sec., VIII,_ G.
(d) Preservation ; and enhancement of desirable site
characteristics and open, space;
(e) More efficient and effective use-, of land, open
space and public facilities; and
(f) Effectuation of policies and standards of the Arden
Hills Comprehensive. Development Plan.
(2) Concept Plan (optional,) :
(a) Optionad procedure. An applicant desiring approv-
al of a planned unit development _has the option
of first applying for concept approval thereof and
then proceeding to obtain geileral plan approval,
or may instead apply in the first instance for
general plan approval without first having to ob-
tain concept plan approval.
(b) Application, documentation and administrative
procedure. The applicant for concept approval of
a planned unit development shall complete and
submit to the zoning administrator an application
on such forms as are provided by the adminis-
trator, to ether with the re uir
, g q ed fee and six (6)
copies of the following documentation :
1. Ownership report. Ownership report which
complies with Section VIII B(2) (a) of this
ordinance.
2. Survey. Survey which complies with Section
VIII B(2) (c).
3. Site plan. Site plan showing the location of
all existing and proposed structures on the
,entire development tract, including all por-
tions thereof located in an adjacent munici-
pality.
4. Written statement. A written statement by
the landowner setting forth the following:
a. The size of the development tract;
Supp. No. 4
1857
Sec. VIII, G ARDEN HILLS CODE
b. The nature of the applicant's interest
therein;
c. The density of land use to be allocated to
the parts of the area to be developed ;
d. The function, ownerahip and manner of
maintenance of common open space;
e. The feasibility of proposals for the dispo-
sition of sanitary waste and storm water ;
f. Th~e period of time within which the de-
velopment tract will .be developed and a
staging schedule;
g. The required modifications in the zoning
and subdivision regulations otherwise ap-
plicable to the development tract; and
h. The reasons why, in the developer's
opinion, the modifications from the strict
application of the zoning and subdivision
requirements otherwise applicable to the
development tract and the planned unit
development in general would be in the
public interest and would be consistent
with the city's comprehensive develop-
ment plan and the general purpose and
intent of this ordinance.
After submission of the application and docu-
mentation required above, the City or Arden
Hills shall follow the administrative proce-
dure for obta.ining a special use permit set
forth in Section VIII C(3), (4), (5), (6) and
(7). Nothing herein contained shall be deemed
tfl forbid or discourage informal consultations
between the applicant and the city planner
prior to the filing of an application for con-
cept approval, provided no statement or repre-
sentation made by said planner ahall be bind-
ing upon the City of Arden Hills.
Supp. No. 4
1858 ~
APPENDIX A-ZONING Sec: VIII, G
(c) Action by council. Within sixty (60) days follow-
ing the date of the receipt of the planning com-
mission's report, the council shall act upon the
application for concept approval. The council may,
only upon written request by the applicant, extend
its time for consideration and action. A majority
of the full council shall be required to grant concept
approval. Nothing in this subsection shall prohibit
the council from holding such additional hearings
as it tleems necessary within the sixty-day period
following the receipt of the report of the com-
mission.
Council action may include approval of the con-
cept plan as submitted, approval of the concept
plan subj ect to specified conditions not included
" in the plan as aubmitted, denial of the concept plan
as submitted, tabling for a specified period of
time, or r-eferral ,back to the planning commisaion
for its further consideration and report to the
council within a specified period of time not to
exceed sixty (60) days from the date of such re-
referral. The applicant shall be notified in writing
of the council's action.
(d) Concept upproval subject to specified conditions.
In the event concept approval is granted subject
to specified conditions, the applicant shall, within
forty-five (45) days after receiving the written
notice of the council's decision, notify the council
in writing of his refusal to ac,c,ept all of said
conditions, in which case the council shall be
deemed to have denied concept approval of the
plan. In the event the applicant does not so notify
the council within said period of his refusal to ac-
cept all of said conditions, coneept approval of the
plan with the specified conditi-ons shall stand as
granted.
(e) Denial of application for concept approval. In the
event the council denies the application for concept
Supp. No. 4
1859
Sec. VIII, G ARDEN HILLS CODE
approval, it shall furnish the applicant with a
written document advising him of the denial and
specifying the factual bases and reasoning upon
which the denial was predicated.
(f) Resubmission of a denied application. No applica-
tion for concept approval which has been denied
by the council shall be resubmitted for a period of
at least six (6) months from the date on which
said application was denied.
(g) Effect of concept approval. Concept approval shall
in no way bind the city council to subsequent
approval of the general plan and issuance of a
planned unit development permit pursuant there-
to. A plan which has been given concept approval
as submitted, or which has been given concept
approval with conditions which have been ac-
cepted by the applicant, provided the applicant
has not defaulted nor violated any of the condi-
tions of the concept approval, shall not be modi-
' fied or revoked nor otherwise impaired by action
' of the city pending and application for general plan
approval, without the consent of the applicant,
provided an application far general plan approval
is submitted to the city in the manner hereinafter
provided within six (6) months of the date on
which concept approval of the plan was granted
by the council. The council may, only upon written .
request by the applicant, extend thi.s six-month
periad. In the event the applicant shall fail to file
said application for general plan approval within
said six-month period, upon the expiration of said
period of time the concept approval of his plan
shall -be deemed to have ;been revoked and nullified.
(3) General Plan:
(a) Application, documentation and administrative
proeedure. Within six (6) months after obtaining
concept approval, or within such extended period
-of time as the council has agreed to, or as an
Supp. No. 4
1860
,I
APPENDIX A-ZONING Sec: VIiI; G
altQrnative to submitting a concept plan for ap-
proval, the applicant for general plan approval of
a planned unit development shall complete and
submit to the zoning administrator an application
on such forms as are provided by the administra-
tor, together with the required fee and six (6)
copies of the documentation required in Sec-
tion VIII C(2) of this ordinance, plus the
additional documentation required hereinbelow in
the next subparagraph hereof with respect to
development tracts five (5) or more acres1n size
or of such complexity that more detailed and com-
plete plans are warranted. He shall also include
in said dacumentation, in addition to the docu-
mentation required. by said Section VIII C(2), a
written statement that the general plan is in con-
formity with the plan as conceptually approved by
the council, or if it is not in conformity with the
plan as conceptually approvetl by the council, he
shall specify in said written statement all the
deviations from the concept plan.
The administrative procedure that the city shall
follow in processing such application shall be that
procedure set forth in Section VIII -C. of this or-
dinance in its entirety, plus the additional re-
quirements provided hereinbelow in this subsection
G. of Section VIII of this ordinance. For purposes
of this Subsection G. of Section VIII of this ordi-
nance, the phrase "special use permit" as used in
Section VIII C. shall be deemed and mean "planned
unit development permit," and upon the council's
approval of the applicant's general plan, it shall
grant and issue a planned unit development permit.
(b) Other requirements applieable to planned unit de-
velopment permit. In making its' decision as to
whether to approve the applicant's general plan
and grant a planned unit develapment permit to
him, the city council shall :be guided ~by the pro-
Supp. No. 4
1861
Sec. ViII, G ARDEN HILLS CODE
visiona of Seetion VII A., B. and C. After the
planned unit development permit has been granted,
the provisions of Section VII D, E and F ahall
be applicable to such planned unit development
permit and the planned unit development to be
constructed in accordance therewith, and any ref-
erences in said Section VII to "special use permit"
shall be deemed for purposes of this Section VIII
G., to mean "planned unit development permit."
(c) Additional doeumentation required for general plan
for larger eomplex areas:
1. Land Use Component. A land use component
shall consist of a map or maps setting forth the
distribution, location and extent of the area
of iand devoted to each category of land use
existing and proposed as part of the general
plan of development including, but not limited
to, the existing and proposed coverage of area
by :buildings and streets. Said map or maps
shall encompass not only that portion of the
development tract located within the city but
also any portion thereof located in an adjacent
municipality. Said component shall also con-
'
tain a description statement of ob~ectives,
principles and standards used in its formula-
tion.
2. Traffic and Parking Component. A traffic and
parking component shall consist of a map or
maps setting forth the general location and
extent of all transportation and parking fa-
cilities, existing and proposed, as part of the
general plan of development of the entire de-
velopment tract, including any portion there-
of located in an adjacent municipality. In ad-
dition, it shall include, among other things,
clocumentation, date or expert testimony in
sufficient detail to ahow the impact of traffic
Supp. No. 4
1862
i
APPENDIX A-ZONING Sec: VIII, C
expected to be generated by the proposed de-
velopment over the course of its growth and
expansion upon the current and projected
traffic in surrounding streets ; to demonstrate
the adequacy of parking facilities in light of
existing and projected population of the de-
velopment; and to show adequacy of streets
providing access to and from proposed and
existing parking facilities. Said component
shall also contain a descripti;ye atatement of
objectives, principles and standards for its
formulation.
3. Population Component. A population compo-
nent shall contain a descriptive statement
of the standards of population density and
building intensity for the various proposed
land uses, including estimates of future
population characteristics and change with
the planned community correlated with the
other components of the general plan of
development. The supporting data shall in-
clude, but not be limited to, dwelling (housing)
units per acre for the various residential uses
proposed; and square footage by type for the
various nonresidential facilities, including suf-
ficient data to calculate traffic generation,
parking requirements, water consumption,
sewage needs and the necessary capacity of
related utilities and services traditionally
rendered by public and private organizations
for a population of such size as is projected
for the completed, planned development.
4. Subdivision Design Component. In the event
the development tract is to be subdivided, the
developer shall submit a subdivision design
component; otherwise, such component ahall
not be required. A subdivision design compo-
nent shall contain a descriptive statement of
Supp. No. 4
1863
•
Sec. VIII, G ARDEN HILLS CODE
the principles governing the proposed subdivi-
sion of land, including lot design for various
proposed land uses. This component will in-
clude all of the dacumentation necessary for
preliminary plat approval as found in the sub-
division ordinance of the City of Arden Hills,
unless waived by the planning commission or
council. This component shall be in sufficient
detail so that it can serve as the basis for
determining the conformity of any site plan
to th~e general plan of development.
b. Services and Facilities Component. A services
and facilities component shall contain map (s)
setting forth the general location and extent
of any and all existing and proposed systems
for sewage, domestic water supply and dis-.
tri,bution, refuse disposal, drainage, local utili-
ties and rights-of-way, easements, facilities
and appurtenances necessary therefor. In ad-
dition, it shall include a grading plan showing
in sufficient detail the amount and type of
fill or excavation to be used to accomplish the
grading of the development tract, or portion th~ereof, the contours of the areas to be graded,
~ and provisions made for storm water drainage
so that the city can assess the impact of such
grading upon the remainder of the develop-
ment tract and the surrounding neighborhoods.
Said component shall also contain a descriptive
statement setting forth objectives, principles
` and standards u~sed for its formulation, as
well as a detailed atatement describing the
proposed ownership, methad of operation and
maintenance af each such service and facility.
6. Conatruction Order Component. A construc-
tion order component shall contain a map or
maps setting forth the proposed chronological
order of construction relating each progosed
Supp. No. 4
1864
APFENDIX A-ZONING Sec. VIII, G
use and structure to the construction of the
various services and facilities as may be re-
quired herein. Said component shall include
estimated completion dates and shall specify
, the proposed order of request for utility release
or authority to occupy completed structures so
as to provide a basis for determining the ade-
quacy of the related services and facilities for
each separate construction phase.
7. Additional Components. The general plan of
development may include as additional eom-
ponents, a recreation component; ,a public
building component, providing for considera-
tion for administrative and public safety
quarters ; and such other components indi-
cated by the nature of the particular proposed
development.
8. Contractual Component. This component shall
contain any and all proposals for homeowners'
agreements, covenants and restrictions pro-
posed for the developm.ent and/or management
~ propasals and plans for the development, and
any other agreements or contracts affecting
the owner or owners of individual units or of
the entire project proposed under the general
plan pracedure.
(d) Denial of applieation for general plan approval. In
the event the council denies the appiication for
general plan approval, it shall furnish the appli-
cant with a written document advising him of the
denial and specifying the factual .bases and reason-
ing upon which the denial was pretlicated.
(e) Resubmission of a de?Zied application. No applica-
tion for general plan approval and a pianned unit
development permit which has been denied by the
council shall be resubmitted for a period of at
least one (1) year from the date on which said
application was denied.
Supp. No. 4
1865
Sec. ViII, G ARDEN HILLS CODE
{f) Staged developments. It is recognized that certain
planned unit developments may involve the staging
of construction over a substantial period of time.
If the planned unit development is proposed to be
developed over a period which will exceed two (2)
years, the applicant rnay request general plan ap-
proval of t'he entire project and the first stage
thereof and perrnission ta submit detailed infor-
mation respecting each successive stage of the
development as the same is reached. Detailed
plans shall be submitted for approval to complete
the requirement of the general plan for each
stage, in accordance with the approved construc-
- tion order component forming a part of the planned
: unit development permit. Said construction order
component shall be rnade a required part of the
documentation necessary for general plan approv-
als of this sort.
(g) Final plat, Unless the requirement for a final plat
has specifically been waived by the city council in
its issuan,ce of the planned unit development per-
mit, the permittee of such planned unit develop- ~
ment permit shall, not later than three (3) months
after the date of the council's approval of his
general plan and granting of such permit, proceed
to seek the city council's approval of his final
plat of the development tx7act or a portian thereof
by following the procedure and providing the dceu-
mentation required for final plat approval in the
city's subdiviaion ordinance. In the event the per-
7nittee fails to commence such proceeding to obtain
final plat approval within said three-month period,
the final plat, planned unit develapment permit,
and general plan shall be considered void, nullified
and revoked unless an extension is requested in
writing by the permittee and for good cause
granted by the city council. U-pon approval by the
city council, the final plat shall contain on its face
Supp. No. 4
1866
APPENDIX A-ZONING Sec. VIII, G
a cross reference to the previously approved
planned unit development permit and, the general
plan rnade a part thereof.
(h) Deroelopment Agreement and Bonding to Assure
Performance and Conformance to General Plan.
To assure that all improvements to be constructed
as part of the approved general plan are completed
in accordance with the terms and conditions of
such plan, or each phase thereof as outlined in the
construction order component, the city council, at
the time of its approval of said gen.eral plan or any
final plat required thereby, whichever is later, may
require the permittee to enter into and file with
the administrator a development agreement with
the city and a corporate surety bond guaranteeing
the faithful performance of the permittee's obliga-
tions under said development agreement, and the
completion of all improvements provided for in
said general plan in a penal sum equal to one
fiundred twenty-five (125) per cent of the cost
of such improvements as estimated by the city
engineer, which agreement and bond shall be filed
with the administrator no later t'han thirty (30) '
days after auch requirement has laeen made by the
city coun-cil. In the event the permittse has failed
to enter into said agreement and to file the same
along with said bond with the administrator bp
the expiration of said thirty-day . period, the
planned unit development permit, final plat (if
any), and approved general plan shall be deemed
void, nullified and revoked unless an extension
is requested in writing by the permittee and for
good cause granted by the city council. The devel-
opment agreement may provide for several iaonds
covering separate aspects of the planned unit de-
velopment, the aggregate of which shall total one
hundred twenty-five (125) per cent of all the
improvements to be constructed and completed by
Supp. No. 4
1867
.
Sec: ViII, G ARDEN HILLS CODE
the permittee pursuant to the approved general
plan, in which case each said bond required by
such development agreement shall be filed along
therewith within the period above-stated. It ma,y
also require guarantee bonds in the penal sum of
one hundred (100) per cent of the cost of com-
pleted improvem.ents, as estimated by the city en-
gineer, to guarantee such improvements for what-
ever Iengths of time are specified therein. The
release of any bond or any portion thereof shall
either be governed by the terms and provisions of
such development agreement or shall be based
upon the recommendation of the city engineer or
city planner and approval thereof by the city
council.
(i) Open space easements and covenants. To as-sure the
city of the continued maintenan-ce of any open
space, recreational areas, common areas and the
like which are proposed to be owned and main-
bained by a homeowners' assaciation to be formed
by the permittee [and that said areas] will not be
devoted to purposes other than those for which
they were originally intended, the city council may
require at the time of its approval of the general
plan or its approval of any final plat required
thereby, whichever is later, that the permittee
execute and grant to the city open space easements
and covenants, approved by the city council at the
time such requirement is made, which shall be
~ filed by the permittee within thirty (30) days after
the city council has made such requirement. In
the event the permittee has failed to execute said
open space easements and covenants and to file the
same with the administrator by the expiration of
said thirty-day period, the planned unit develop-
ment permit, final plat, if any, and general plan
. shall be deemed to be void, nullified and revoked
unless an extension has been requested in writing
Supp. No. 4 1868
-
, APPENDIX A-ZONING Sec. VIII, H
by .the permittee and for good cause granted by the
~ city council.
H. Gateway Business District.
I (1) Purpose. The purpose of the GB District is to:
(a) Implement that part of the Arden Hills Comprehensive
Development Plan known as the I-694/I-35W Plan.
(b) Promote high-quality, unified, large-scale development in
a manner similar to a planned unit development.
(c) Take full advantage of the site's location as documented
and described in the I-694/I-35W Plan.
(d) Allow only development that will create an attractive en-
vironment and a positive image for this site which is one of
the most visible in the community and represents the city's
last major development site.
(e) Protect the site's environmental resources.
(fl Promote flexibility in land uses and development stan-
dards to achieve the objectives of the I-694/I-35W Plan.
(g) Allow development that will ensure reasonable traffic op-
eration on the internal and surrounding transportation sys-
tems.
(2) Procedure. The planning application and administrative re-
view procedure defined in subsections VIII G(2) and G(3), Planned
Unit Development District, shall be followed subject to any mod-
ifications or additions set forth in this section. The prescribed
procedure may be modified by the city to allow planning flexi-
bility and to encourage cooperative dialogue between the devel-
oper and the city.
(3) Definitions of Terms Used Herein.
(a) Gateway Business District (GB). A district established spe-
cifically to provide a flexible framework for the develop-
ment of the area of the city generally located in the north-
east quadrant of the interchange at I-694 and I-35W.
I Supp. No. 20
1869
Sec. VIII, H ARDEN HILLS CODE
(b) Mixed-use project. A segment of the GB District that is
controlled by a single developer entity, containing more
than one (1) type of use and planned as a single develop-
ment but may be developed in more than a single stage.
(c) Single-use project. A segment of the GB District that is
controlled by a single developer entity and containing a
I single type of use, planned as a single development and
encompassing one (1) or more parcels but may be developed
in more than a single stage.
(4) Allowable Uses. Development within the GB District will
include uses that meet the above-stated purpose and the following
development criteria,
(a) Off'ice uses oecupying not less than twenty-five (25) per
cent nor more than fifty (50) per cent of a project's total
floor area.
(b) The mix, relationship and intensity of uses and buildings
will be compatible and complementary both internally and
with adjacent uses.
(c) Retail or service businesses offering goods, merchandise or
personal services for sale primarily to those employed in
the GB District will be allowed to occupy no more than
fifteen (15) per cent of the total floor area of the building in
which they are located.
(d) Multifamily residential use is limited to that area ad-
joining the public area surrounding Round Lake and shall
not exceed fifteen (15) per cent of the total land area in the
GB District exclusive of Parcels 2, 3, 4 and 5, as identified
in the I-694/I-35W Plan. Densities shall not exceed those
allowed in an R-4 PUD District.
(e) Licensed day care facilities will be allowed either in a
building containing other uses or in a freestanding building.
Freestanding day care facilities are not required to meet
minimum floor area requirements otherwise required in
the GB District.
(0 The use is in the best interest of the city and the GB Dis-
trict.
Supp. No. 20
1870
APPENDIX A-ZONING Sec. VIII, H
The applicant shall demonstrate to the satisfaction of the city
that the proposed uses, lot sizes, height, mix, location and rela-
tionship with other existing and proposed uses are compatible
and complementary both internally and with adjacent uses and
meet the intent of the city as expressed in the GB District purpose
and the above criteria for allowable uses.
(5) Prohibited Uses. Some land uses are not compatible with
the stated purpose of the GB District. The following uses are
therefore prohibited:
(a) Single-family or two-family residences.
(b) Open sales, rental or storage lots, including but not limited
to cars, buses, trucks, motorcycles, bicycles, recreational
vehicles, trailers, boats, mobile homes, machinery, lumber,
building materials, landscape materials and similar items.
(c) Vehicular sales, lease, rental or repair, including but not
limited to the items listed in (b) above.
(d) Truck terminals, freight terminals and freight forwarding
services.
(e) Building supply stores and yards.
(0 Outside storage.
(g) Warehousing and wholesaling exceeding seventy-five (75)
per cent of the building in which it is located.
(h) Ministorage facilities.
(i) Bulk storage buildings, yards and terminals, including but
not limited to forest, metal, concrete, agricultural and pe-
troleum products, chemicals and similar products.
(j) Manufacturing that requires outdoor storage of bulk, raw
or finished materials used in or resulting from the manu-
facturing process.
(k) Manufacturing or processing that generates hazardous
waste without a valid hazardous waste generator's license
from the Ramsey County Public Health Department.
Supp. No. 20
. 1870.1
Sec. VIII, H ARDEN HILLS CODE
(1) Uses that the city may determine are incompatible with its
objectives or with development as it may occur thereby imposing or establishing new or unforeseen standards.
(6) Deuelopment Standards.
(a) Minimum project and lot size.
l. Except as otherwise specifically set forth in this sec-
tion, a mixed-use project within the GB District shall
contain a minimum of twenty (20) contiguous acres.
The proposed land uses in such a project and their mux,
intensity and relationship may require varying lot sizes
within said project, none of which lots shall be less
I than five (5) acres in size except as otherwise per-
mitted herein.
2. Lots of less than five (5) acres within a mixed-use project
may be permitted only when the applicant has dem-
onstrated satisfactorily that:
a. The lot will be the site of a use that will be com-
patible with and will complement and enhance ex-
isting and planned businesses.
b. The primary business of the proposed complemen-
tary use will serve business activities within the
GB District.
3. Single-use projects shall contain a minimum area of
ten (10) eontiguous acres.
4. Interior lot lines within a mixed-use or single-use
project may be located to allow individual ownership of
specific buildings. To allow maximum development cre-
ativity and flexibility, regulations, such as side and
rear yard building and parking setbacks, FAR, number
of parking spaces, per cent of landscape area, etc., may
be modified for individual parcels and interior lot lines.
However, the regulations for these same items must be
met for the total mixed-use or single-use project area
and exterior project lot lines.
(b) Minimum building size. To accomplish the scale of devel-
opment consistent with the defined purpose of the GB Dis-
trict, the minimum ground 11oor area of a building other
Supp. No. 20
18702
~ APPENDIX A-ZONING Sec. VIII, H
than for residential uses shall be twenty thousand (20,000)
square feet except as otherwise regulated herein.
(c) Maximum floor area ratios (FA.R). The total FAR, of a
mixed-use project shall not exceed 0.5. In order to achieve
the open space objectives of the GB District, mixed-use
projects shall conform with the following relationships of
FAR building height and open space:
Per Cent of
Minimum Open Space
(excludes lot area
Minimum. Maximum coaered by buildings,
Building Height Project parking lots or mmps
(in stories) FAR and driues)
3 .................0.5 .......................35
2 .................0.4 .......................35
1 .................0.3 .......................35
Project FAR = FA Bldg. 1+ FA Bldg. 2+ FA Bldg. n divided by A
Where: FA = Total floor area in square feet
n= Total number of buildings
A= Project area in square feet
(d) Building height and setback. To accomplish the intensity
and scale of development consistent with the defined pur-
pose of the GB District, multistory buildings will be en-
couraged:
1. Building height will be regulated only as it affects the
safety of occupants, compatibility with other uses and
buildings and other city and district requirements.
2. The use of stepped building heights is encouraged to
provide visual transition. This applies to both multi-
building complexes and single buildings.
3. The location of buildings relative to their heights will
consider views and relationship from within the GB
District and from public and private areas off the site.
4. Minimum building setback requirements are fifty (50)
feet from all streets and exterior project property lines
and twenty (20) feet from all interior property lines
except that interior lot line setback requirements may
Supp. No. 20
1870.3
Sec. VIII, H ARDEN HILI.S CODE
be modified by the city in the project review process if
specific conditions of the project plan justify modifica-
tion.
(e) Landscaping. Appropriate and unified landscaping is es-
sential to effectively meet the defined purpose of the GB
District:
1. A landscape plan shall be submitted in the general
plan stage required in subsection VIII G(3).
2. The landscape plan shall include species, size and lo-
cation of all plant materials.
3. In the concept plan stage, natural existing vegetation,
earth forms, wetlands and steep slopes shall be care-
fully evaluated and protected as appropriate.
4. Landscape berms and buffers will be used to screen
and visually separate: business sites from residential
uses; business sites from public streets; and one site
from another.
5. Minimum planted tree sizes shall be three-inch caliper
for overstory deciduous trees, two-inch caliper for or-
namental trees and eight-foot height for coniferous
trees. The required height of evergreens used for re-
quired screening may be increased by the city.
6. Special landscape enhancement of views for I-694 and
I-35W will be required.
7. A minimum of thirty-five (35) per cent of the total area
of a mixed-use or single-use district shall be land-
scaped.
8. Minimum landscaping requirements shall relate to the
~ gross square footage of all floors of a building and the
building height and shall be expressed as the min-
. imum number of total caliper inches required per
building site.
a. Minimum total caliper inches = Gross square
footage of all floors of building divided by 320.
b. The minimum total caliper inches shall contain
the following minimum percentages of trees in var-
ious size ranges:
Supp. No. 20
1870.4
~
APPENDIX A-ZONING Sec. VIII, H
Building Height Percentage oF Trees of Yarious Caliper Inches
(in stories) 2.0" to 3.0" 3.5" to 4.0" 4.5" to 5.0"
1 to 2 70 20 10
3 to 4 50 30 20
5 and over 30 50 20
c. Coniferous trees may be considered equivalent to
~ the sizes shown by dividing the coniferous tree
height in feet by 2.4.
(0 Building exteriors. The appeazance of buildings is the most
important visual component in land development. Accom-
plishing the stated purpose of the GB District requires par-
ticular concern for building design:
1. The arrangement, geometry and massing of individual
buildings shall be responsive to the arrangement, ge-
ometry and massing of the whole of the GB District.
2. Exterior building treatment (wall surfaces) ahall be of
brick, stone, glass or any combination thereof except
that trim and accessories may be metal.
3. Materials and colors selected for any individual
building shall be compatible with other buildings in
the GB District.
4. All service entrance areas, mechanical equipment and
trash-handling devices shall be screened from the ad-
jacent building and offsite visibility.
5. A campus plan arrangement is hereby encouraged, and
a signature building is considered desirable.
(g) Parking. Parking requirements contained in subsection VI
E(1) shall apply. However, these requirements may be ad-
justed by the city in the project review process if the changes
will more effectively accomplish the stated purpose of the
GB District and subject to the following:
1. Parking structures shall maintain the setbacks re-
quired for principal structures.
2. The exterior finish of parking structures shall be com-
patible with the principal building served by the
parking structure.
3. Surface parking shall maintain a fifty-foot landscaped
setback from all public streets and a twenty-foot land-
Supp. No. 20
1870.5
Sec. VIII, H AR,DEN HILLS CODE
scaped area from exterior project property lines except
for access drives that may cross the setback area.
4. Landscape islands totalling fifteen (15) per cent of the
surface of a parking lot shall be used to divide large
parking lots into smaller, more pleasing spaces. Inte-
rior side lot lines should follow such islands wherever
possible.
5. The required number of parking spaces may be ad-
justed by the city if the developer submits adequate
proof that the standard requirements exceed the ac-
tual demand. Proof that the required number of spaces
could be increased to the number required must be
shown to provide for changes in use or intensity of use.
6. Combined or joint surface or structure parking facili-
ties will be permitted for one (1) or more buildings and
, uses if the purposes of the district will be more effec-
tively accomplished. If the total number of spaces in a
project does not meet the required number of spaces,
the applicant shall show to the city's satisfaction that
the peak parking load will not exceed the number pro-
vided. Such reduction in parking may limit the type of
future occupants or may require expansion of parking
if the parking need increases. Combined or joint
parking shall be reasonably related to the destination
of the user.
(h) Traffic impact study. The city has determined that the
traffic capacity of the interchange at I-35W and State
Highway 96 will impose limitations on traffic generated
with the GB District. In order to maintain the functional
capacity of the area road system, both internal and ex-
ternal traffic and parking plans and traffic generation
studies prepared by registered traffic engineers will be re-
' quired for all projects within the GB District.
During the project and site plan review process, the city
' will review a project plan or site plan and determine the
allowable development intensity based on the following
guidelines:
1. Improvements to the I-35W ramp intersections with
Highway 96 and the realignment and intersection im-
Supp. No. 20
1870.6
APPENDIX A-ZONING Sec. VIII, H
provements of Round Lake ftoad West as it intersects
with Highway 96 will allow development in the GB
District that will produce a maximum total of one thou-
sand five hundred (1,500) outbound peak p.m. traffic-
hour trips.
2. A roadway along the southerly border of the GB Dis-
trict that would connect Round Lake Road West with
Old Highway 10 would allow additional development
that would produce up to fifty (50) additional outbound
peak p.m. traffic-hour trips.
3. A bridge across I-35W at approximately 14th Street
that would connect Round Lake Road West with
C.S.A.H. 77 in New Brighton would allow additional
development that would produce up to two hundred
fifty (250) additional peak p.m. traffic-hour trips.
4. Development producing additional peak p.m. traffic-
hour trips would be allowed if travel-demand manage-
ment strategies are implemented by developers and
businesses in the GB District.
5. Developers in the GB District and the city may be
required to provide financial assistance for transpor-
tation infrastructure improvements. Tax-increment fi-
nancing will be utilized as available in providing such
financial assistance.
(i) Signs. Signs will be regulated by the Arden Hills Sign
Ordinance and the Table for Commercial and Industrial
Signs subject to any modifications or additions contained
herein. To promote the purpose of the GB District:
1. A sign plan shall be submitted in connection with the
general plan stage (subsection VIII G) that shows the
location, type, size and design of the individual signs.
2. Deviation from the standard regulations shaTl be al-
lowed only after the applicant demonstrates and the
city concurs that the deviation is essential to further
the purposes of the district. -
(j) Lighting. Exterior lighting shall be provided for the safety
and convenience of occupants and visitors:
Supp. No. 22
1870.7
Sec. VITI, H A12DEN fiILLB CODE
1. The source of illumination shall be hooded, concealed
or controlled in a manner sa as not to be visible from
adjoining lots, streets ar highways or residential areas
east and south of Rouncl Lake.
2. Accent lighting of buildings and sites may be per-
mitted by the city.
3. A lighting plan sha11 be subi'iiitted that shows the lo-
cation, type of illumination ancl desigfi.
(k) Pedestrian czrculation. All developmciit within the GB Di5-
trict ahall install pedestrian improveinents in accordance
with the I-694/I-35W Plan approved by the city. Other pe-
destrian sidewalks and trails nnay be required by the city.
(1) Drainage, wetlands and f Zoodplain: A water management
plan must be submitted for each prajerct in the GB District.
The plan must be approved by the Rice Creek Watershed
I District, other agencies as requireii and the city engineer:
1. Onsite ponding is encouraged as aNrisual and func-
tional amenity.
2: TWo (2) or more projects may coordinate their water
management plans for their mutual benefit.
(m) Utility lines. Provision for underground utility lines shall
be required in all development within the GB District.
(n) Variance from standards. The city council by an affirma-
tive vote of four (4) members may grant a variance to the
development standards applicable to property within the
GB District. The council's determination to grant a vari-
ance shall be expressed in the form of a resolution which
contains the council's reasons for its action.
1. Service Business District.
(1) Purpose. The B-3 Service Business District is established to:
(a) Accommodate an adequate supply of businesses and ser-
vice that serve the community and motorists travelling
through the community with a broad range of services and
goods.
Supp. No. 22
is7a.s
APPENDIX A-ZONING Sec. VIII, I
(b) Provide locations for uses that may be incompatible with
retail centers, thereby keeping the retail centers compact
and convenient.
(c) Keep services in close ptoximity to arterial streets or high-
ways in areas that are appropriately designated on the
comprehensive plan.
(d) Encourage grouping of compatible and mutually supportive
business uses and services.
(e) Promote business prosperity.
(fl Establish a high standard of development and design that
produces a positive visual image and minimizes the effects
of traffic congestion, noise, odor and glare.
(g) Allow a transitional reuse of existing buildings until market
conditions warrant redevelopment.
(h) Enhance redevelopment potential by prohibiting uses that
would impede redevelopment.
(i) Ensure acceptable traffic operations on local streets.
(j) Promote flexibility in planning and developing land uses
and site development standards to achieve the purposes of
the district.
(k) Implement that part of the Arden Hills Comprehensive
Plan known as the Lexington Avenue Business Area Plan.
(2) Procedure. The application and the administrative and re-
view procedure established in Section VIII, C, Special Use Per-
mits, shall be followed for all development that involves new
building construction, modification of a building's exterior or mod-
ification of the site. Special use permits are not required for per-
mitted uses that occupy approved buildings that do not require
exterior building modification or site modification. This provision
is subject to any modifications or additions set forth in this sec-
tion. The prescribed procedure may be modified by the city to
allow planning flexibility and to encourage cooperative dialogue
between the applicant and the city.
(3) Permitted uses. The following uses will be permitted in the
district providing they meet the stated purpose of the district and
Supp. No. 22 1870.9
Sec. VIII, I ARDEN HILLS CODE
the procedure as defined above: (The list of uses below will be
, incorporated into the Land Use Chart, Section V E)
(a) Business services (printing, secretarial and clerical ser-
vices, etc.).
(b) Clinics (medical, veterinary).
(c) Commercial recreation.
(d) Day care facilities.
(e) Dry cleaning and laundry collection stations and self-
service.
(fl Financial institutions and services.
, (g) Hotels, motels.
(h) Mortuaries, funeral homes.
(i) Offices (personal, professional, administrative, executive,
medical, research).
Personal services and rePair services (barbers, beauty shops,
~
travel agencies, shoe repairs, etc.).
(k) Restaurants.
(1) Retail sales.
(m) Special education schools.
(n) Sports and fitness clubs.
(o) Studios (artist, music, photo, etc.).
(4) Uses Allowed by Special Use Permit.
(a) All of the above permitted uses, if construction of a new
building, modification of a building's exterior or modifica-
tion of the site is involved.
(b) Automobile and motorized vehicle service, including minor
repair and service, parts, rental/lease (not more than eight
(8) rental/lease vehicles on site at one (1) time), wash, ser-
vice stations (subject to further requirements in Section VI,
C(2)).
(c) Drive-in businesses.
Supp. No. 22 1870.10
I
~
APPENDIX A-ZONING Sec. VIII, I
(d) Equipment rental.
(e) Insurance claim centers. (fl Satellite antennae over forty (40) inches in width or height
and which are clearly accessory to a principal use on the
premises. . .
(g) Restaurants (fast food).
(h) Theaters, (indoor).
(5) Special regulations for Drive-In Business and Fast Food Res-
taurants in the Lexington Avenue B-3 District. Section VI, C of the
zoning ordinance, specif'ies additional requirements for drive-in
businesses, fast food restaurants and automobile service stations.
This paragraph (5) is a provision whereby the proximity require-
ment of one thousand three hundred twenty (1,320) feet between
drive-in businesses or fast food restaurants may be waived if the
following conditions are met:
(a) The operation consists of one or more drive-in businesses or
fast food restaurants and is an integral part of a building
containing one or more other allowed uses, or the operation
is part of an architecturally unified "food court" or "drive-in
service court" complex containing two (2) or more restau-
rants, fast food restaurants or drive-in businesses.
(b) Shared access drives and shared parking are utilized by all
such restaurants, fast food restaurants or drive-in busi-
nesses in said building or eomplex.
(c) Only one (1) "food court" or "drive-in business court" or
building containing fast food restaurants or drive-in busi-
nesses will be allowed in addition to one (1) free-standing
fast food restaurant.
(d) The architecture and the site, grading, circulation, land-
I scaping, screening and signage plans shall unify the ap-
pearance and function of the complex or building. I
(e) A"fast food court" or "drive-in business court" may con- I
sist of one (1) or more buildi.ngs on one (1) or more parcels
if the intent of providing a unified appearance and function
is not compromised.
Supp. No. 22
187o.ii
Sec. VIII, I ARDEN HILIS CODE
(6) Distriet Requirements. (The district requirements in Section
V, F for the H-2 Ijistrict will apply in the B-3 Service Business
District) To furtlier fLccomplish the stated purpose of the B-3 Dis-
trict, developers are encouraged to plan their sites in the spirit of
the purpose 4nd intent of the planned unit development provi-
sions in Section i7IU, G(1). At the time of submittal for the special
use perxnit and site plan review, the applicant shall identify mod-
ificati4ns tq the Standaxd
zoning requirements otherwise appli-
cable to the site and the xeaisons why the modifications would be
in the public interest And wuuld be consistent with the purpose of
the district,
(7) Building Exteriors, Site Features and Site Deuelopment. Ac-
complishing the stated purpose o#' the B-3 Service P,usiness Dis-
triet requirss particular concern for the design of buildings, site
features (such as landscaping, lighting and signage) ~nd site de-
sign. The arrangement, geometry, massing, materials and calors
shall be responsive to existing builcii.ngs, site features and site
design on adjoining sites in the clistrict and shall be cansistent
with the site design component of the Lexungton Avenue Business
Arsa Platl, The city couneil will make the final determination on
the compatibility arid cons}stency with this provision.
J. Retai1 Center District.
(1) Purpose, The B-4 Retaii Center District is established to:
(a) Meet the retail shopping needs of the surroundirig commu-
nity by providing a district that will accommodate a wide
range of retail gnods and services.
(b) Promote business prosperity by creating an attractive and
funetional retail center.
(c) Provide an integrated retail trade center that groups com-
patible retail uses in one (1) or more multiple-occupancy
buildings. Freestanding, single-occupancy buildings will be
allowed if planned and constructed as part of a unified
development that contains a retail center or is developed
after such a retail center is developed.
(d) Produce a positive visual image by establishing a high stan-
dard of design and development.
Supp. No. 22
1870.12
i
APPENpIX A-ZQNING See. VIII, J
(e) Allow transitional usea that vvill allow an orderly phaoing
out o£ existing uses and development that are not appro-
priate in a contemporary retail center and a phasing in nf
uses and developmen.t aa warranted by maxket conditions,
(fl Encourage grouping nf uses that are mutually aupporxive
and have similar rt;quiremsnts for vehicular and pedes-
trian accessibility and exposure,
(g) Alleviate potential troLf'fie congestion on local streets by the
design of the circulation patterri and arrangement of uses.
(h) Implement that part of the Arden Hills Comprehensive
Plan known as the Lexington Avenue Business Area Plan.
(2) Procedure. The applicatipn and the administrative and re-
view procedure established in Sectian VIII, C Special LTee Per-
mits, shall be followed for aU tievelopment that involves new
building constructiQn, mpdMcAtion of a building's exteriar, or
modification of the site. Speciql use permits are not reqtured for
permitted uses that oceupy Approved buildings that dp nat re-
quire exterior building modiflration or site rnodification, This gro-
vision is subject to any mQdificatio~s or additions set forth in this
section. The prescribed proesdure may be modified by the city to
allow planning flexibility and to encourage cooperative dialogue
between the applicant and the city.
(3) Permitted Uses. Due to the replacement, reuse or redetrel-
opment nature of potential development in this district, the list Qf
I-2 permitted uses as of Apri18,1991 that are not permitted in the
B-4 District will be allowed in buildings existing on Apri18, 1991
as permitted uses until redevelopment or replaeement of the
building or buildings housing such uses occurs. Such uses will not
be allowed in buildings constructed after April 8, 1991. The fol-
lowing uses will be permitted either as replacement uses in build-
ings existing as of April 8, 1991 or as uses in replaced or rede-
veloped buildings. (List will be incorporated into the Land Use
Chart, Section V, E)
(a) Business services (}arinting, secretarial and clerical ser-
I vices, etcJ.
(b) Commercial recreation.
Supp. No. 22 1870.13
I
Sec. VIII, J AR.DEN HILLS CODE
(c) Day care facilities.
(d) Financial institutions and services.
(e) Offices (personal, professional, administrative, executive,
medical, research).
(fl Personal services and repair services (barber, beauty shops,
travel agencies, shoe repairs, etc.).
(g) Restaurants.
(h) Retail sales.
(i) Sports and fitness clubs.
(j) Studios (artist, music, photo, etc.).
(4) Uses Allowed by Special Use Pernzit. Due to the replace-
ment, reuse or redevelopment nature of potential development in
this district, the existing I-2 uses allowed by special use permit as
of April 8, 1991 will be allowed to continue as special uses until
redevelopment or replacement of the building or buildings housing
such uses occurs. No new I-2 uses by special use permit will be
allowed unless those uses are permitted or allowed by special use
permit in the B-4 District. The following list of uses will be al-
lowed by special use permit either as replacement uses in build-
ings existing as of April 8, 1991 or as uses in replaced, redevel-
oped or new buildings. (List will be incorporated into the Land
Use Chart, Section V, E)
(a) All of the above permitted uses, if construction of a new
building, modification of a building's exterior or modifica-
tion of the site is involved.
(b) Drive-in businesses.
(c) Restaurants, (fast food).
(d) Theaters, (indoor).
(e) Satellite dishes over forty (40) inches in width or height.
(5) Special Regulations for Drive-In Businesses and Fast Food
Restaurants in the B-4 District. Section VI, C of the zoning ordi-
nance, specifies additional requirements for drive-in businesses,
fast food restaurants and automobile service stations. This para-
Supp. No. 22 1870.14
APPENDIX A-ZONING Sec. VIII, J
graph (5) is a provision whereby the proximity requirement of one
thousand three hundred twenty (1,320) feet between drive-in busi-
nesses or fast food restaurants may be waived if the following
conditions are met:
(a) The drive-in business or fast food restaurant operation is
an integral part of a building containing one (1) or more
allowed uses and the drive-in business or fast food restau-
rant is cleazly secondary to other principle uses in the
building.
(b) The architectural treatment, circulation plan and signage
system of such drive-in business or fast food operations are
designed to be visually and functionally an integral part of
the building and site in which they are located.
(6) District Requirements. The requirements below are estab-
lished for development of individual "lots" and for the overall
development of "planned projects". "Lots" are individual parcels
on which may be placed a single building (either single-occupancy
or multiple-occupancy). "Planned projects" are sites on which:
(a) A single- or multiple-occupancy retail center;
(b) Tvo (2) or more freestanding, single- or multiple-occupancy
buildings; or
(c) A combination of (a) and (b);
may be placed.
A"retail center" is a single building housing either several
retail outlets or a single retail outlet with several departments.
Any of the permitted uses or uses by special permit are allowed.
In a"planned project" individual lots may be created for separate
buildings or parts of buildings but separate buildings are not
required to be located on separate lots. To allow maximum devel-
opment creativity and flexibility, regulations such as lot area,
side and rear yard building and parking setbacks, F.A.R., number
of parking spaces, percent of landscape area, etc., may be modi-
fied for individual parcels and interior lot lines within a project.
However, the regulations for these same items must be met for
the total project area and exterior project lot lines.
Supp. No. 22 1870.15
Sec. VIII, J ARDEN HILLS CODE
(a) Minimum lot area requirements:
1. Multiple-occupancy retail center: five (5) acres
2. Freestanding, single- or multiple-occupancy building:
two (2) acres
(b) Maximum bulk requirements:
1. Height: thirty-five (35) feet
2. Floor area ration (F.A.R.): 0.30
3. Lot coverage by structure: twenty-five (25) per cent
(c) Minimum landscaped area: twenty-five (25) per cent
(d) Minimum building setbacks:
1. Front yard and exterior project lines: fifty (50) feet
2. Side yard: twenty (20) feet
3. Rear yard: twenty (20) feet
(7) Building Exteriors, Site Features and Site Development. Ac-
complishing the stated purpose of the B-4 District requires par-
ticular concern for the design of buildings, site features (such as
landscaping, lighting and signage) and site design. The arrange-
ment, geometry, massing, materials and colors shall be respon-
sive to the purpose of the R-4 District and the objective of the
Lexington Avenue Business Area Plan and shall be consistent
with the site design component of the Lexington Avenue Business
Area Plan. The city council will make the final determination on
the compatibility and consistency with this provision.
(a) Landscaping (GB District regulations Section V, H(6)(e),
shall apply).
(b) Parking (GB District regulations Section V, H(6)(g), shall
, aPP1Y)•
(c) Signs (GB District regulations Section V, H(6)(i), shall ap-
P1Y)•
(d) Lighting (GB District regulations Section V, H(6)(j), shall
apply).
(e) Pedestrian circulation: All development within the B-4 Dis- I
trict shall install pedestrian improvements in accordance
with the Lexington Avenue Business Area Plan and with
Supp. No. 22 1870.16
APPENpIX A-ZONING Sec. VIII, K
more specific city requirements that may become apparent
in the plan review process.
(f) Drainage/water management plan: A plan must be sub-
mitted with each project or lot development in the B-4 Dis-
trict. The plan must be approved by the Rice Creek Water-
shed District, other agenciea as required, and by the city
engineer. On-site ponding is encouraged as a visual and
functional amenity. Two (2) or more lots or prajects may
eoordinate their plans for their mutual benefit.
K. I•Fles District.
(i) Purpose. The I-Flex District is established to:
(a) Implement that part of thQ Arden Hills Comprehenaitve
Plan known as the Lexington Avenue Business Area Plan,
(b) Preserve, protect, enhance and perpetuate existing devel-
opment in the district.
(c) Attract new development that is compatible with existing
development in the district in terms of use, performance,
character, quality and appearance of building and sites.
(d) Permit only those uses that will have traffic ger~eration
characteristics that are compatible with existing develop-
ment in the district and that will ensure reasonable traffic
operation on streets in the vieinity.
(e) Encourage new site development that will be compatible
with existing site development standards of existing devel-
opment in the district.
(0 Promote.flexibility in land uses and site development stan-
dards to achieve the objeetives of the I-Flex District.
(2) Procedure. The application and the administrative and re- I
view procedure established in Section VIII, C Special Use Per-
mits, shall be followed for all development that involves new
building construction, modification of a building's exterior, or
modification of the site. Special use permits are not required for
permitted uses that occupy approved buildings that do not re-
quire exterior building modification or site modification. This pro-
vision is subject to any inodifications or additions set forth in this
Supp. No. 22 1870.17
Sec. VIII, K AR,DEN HILLS CODE
section. The prescribed procedure may be modified by the city to
allow planning flexibility and to encourage cooperative dialogue
between the applicant and the city.
(3) Permitted Uses. The following uses will be permitted in the
I-Flex District providing they meet the stated purpose of the dis-
trict and the procedure as defined above: (The list of uses below
will be incorporated into the Land Use Chart, Section V, E)
(a) Offices (administrative, executive, corporate, professional,
personal, research and sales).
(b) Any manufacturing, production, fabrication, assembly, pro-
cessing and incidental repair, servicing and testing of ma-
terials, goods or products that are contained wholly within
a building and which meets or maintains all environmental
standards set by the Minnesota Pollution Control Agency
and other public agencies having jurisdiction.
(4) Uses Allowed by Special Use Permit.
(a) The above permitted uses, if construction of a new building,
modification of a building's exterior, or modification of the
site is involved.
(b) Municipal and other public agency, administrative and ser-
vice facilities and activities.
(c) Licensed day care facilities either in buildings containing
other uses or in freestanding buildings containing only day
care facilities.
(d) Satellite antennae over forty (40) inches in width or height
and which are clearly accessory to a principal use on the
premises.
(e) Wholesaling and warehousing if such use is wholly con-
- tained within a building and occupies not more than fifty
(50) per cent of the gross floor area of the building in which
it is located.
(fl Wholesaling, warehousing, and related accessory uses
which were in existence on April, 8, 1991 shall be issued a
special use permit, which will allow such uses to continue
on the site, or within any existing or expanded facilities or
Supp. No. 22
1870.18
APPENDIX A-ZOIVING Sec. VIII, K
improvements thereon, provided that the ratios of special
, uses to the gross floor area of the building do not exceed the
ratios existing as of April 8, 1991. The special use permit
shall define the scope and ratios of existing uses and may
be amended in compliance with the procedural require-
ments of the city's zoning regulations relative to special
use permits.
(g) Manufacturing or processing that generates hazardous
waste with a valid hazardous waste generators license from
the county public health department or other licensing agen-
cies having jurisdiction.
(5) Prohibited Uses. Some land uses are not compatible with
the sta.ted purpose of this district and will not be allowed. The
following uses are therefore prohibited:
(a) Residential uses, except those required for safety and se-
curity reasons in relation to the principal use.
(b) Open sales, rental or storage uses or lots.
(c) Vehicular sales, lease, rental or repair.
(d) Truck terminals, freight terminals and freight forwaxding
services.
(e) Bulk storage buildings, yards and terminals, including but
not limited to forest, metal, concrete, agricultural and pe-
troleum products; chemicals and similar products.
(fl Manufacturing or processing that generates hazardous
waste without a valid hazardous waste generators license
from the county public health department or other licensing
agencies having jurisdiction.
(6) District Requirements. (The district requirements in Section
V, F for the I-2 District will apply in the I-Flex District.) To
further accomplish the stated purpose of the I-Flex District, de-
velopers are encouraged to plan their sites in the spirit of the
purpose and intent of the planned unit development provisions in
Section VIII, G(1). At the time of submittal for the special use
permit and site plan review, the applicant shall identify modifi-
cations to the standard zoning requirements otherwise applicable
Supp. No. 22 1870.19
Sec. VIII, K ARDEN HILLS CODE
to the site and the reasons why the modifications would be in the
public interest and would be consistent with the purpose of the
district.
(7) Building Exteriors, Site Features and Site Development. Ac-
complishing the stated purpose of the I-Flex District requires par-
ticular concern for the design of buildings, site features (such as
landscaping, lighting and signage) and site design. The arrange-
ment, geometry, massing, materials and colors shall be respon-
sive to existing buildings, site features and site design on ad-
joining sites in the district and shall be consistent with the site
design component of the Lexington Avenue Business Area Plan.
The city council will make the final determination on the com-
patibility and consistency with this provision.
(Ord. No. 270, 9-10-90; Ord. No. 277, 4-8-91)
SECTION IX. RESERVED*
SECTION X. NQNCCeNFORMIl\TG USES,
BUILDINGS AND LOTS
A. Intent.
A nonconforming use may be continued subject to the
provisions of this section, but it is the intent of this ordinance
not to encourage its survival because of its incompatibility
with permitted uses in the zoning district in which it is
located. A nonconforming building may continue to exist so
long as it is used for purposes permitted in the zoning district
•Editor's note-Former § IX pertained to the Board of Appeals and Adjust-
ment, was repealed by Ord. No. 276, adopted Jan. 2, 1991, and derived from the
original zoning ordinance.
Supp. No. 22 187020
APPENDIX A-ZONING Sec. X, F
in which it is loc.ated beca.use its incompatibility is merely
technical in nature.
B. Unsafe Building or Structure.
Nothing in this ordinance shall be deemed to prevent the
restoration to a safe condition of any building or structure,
or portion thereaf, constituting or containing a nonconforming
use, which has been declared un.safe by the building inspector
or ather administrative officer.
' C. Construction Approved and Begun Prior to Effective Date.
To avoid hardship, nothing in this ordinance shall be deemed
to require achange in the plans, construction or designated
use of any building for which a building permit has been
I issued and the construction of whi-ch has begun prior to the
effective date of this ordinance or any amendment hereto.
D. Prohibited Activities: Nonconforming Use.
No nonconforming use :shall be changed to a different non-
conforming use, enlarged, intensified, increased, extended to
oc,cupy a grea,ter area of the lot on which or building in which
it is located, moved to any other part of the tot on which o-r
building in which it is located, constructed, reconstructed,
structurally altered or remodeled, except as provided in the
next paragraph hereof.
E. Repairs, Maintenance and Interior RemodeTing; Noncon-
forming Use.
Ordinary repairs, maintenanee and interior remodeling not
involving structural alteration of the building constituting
or containing a nonconforming use are hereby permitted.
F. Restaratidn; Noncanforming Use.
A building or structure constituting or containing a non-
conforming use hereafter damaged or destroyed by any cause
may be restored if the fair market cost of such restoration
would be less than fifty (50) per cent of the fair market
Supp. No. 4
1871
Sec. g, F ARDEN HILLS CODE
value of such building or structure on the date immediately
prior to the date on which such damage or destruction oc-
curred, as determined by the building inspector.
G. Discontinuance of Noncanfarming Uae.
If a nonconforming use is discontinued or ceases to exist
for any rea,son for a one-year period, the building or strueture
constituting or conta.ining the nonconforming use, or the land
upon which the nonconforming use is being conducted, shall
thereafter be used in conformance with the regulations of this
ordinance applicable to the zoning district in which it is
located.
H. Amortization of Nonconforming Use.
A building constituting or containing a nonconforming use
shall be torn down aud removed from the lot on which it i.s
located, or converted to a conforming use, by the end of a
reasonable period of amortization thereof ; in no case less
than five (5) years after notifica,tion by the city council.
1. Prohibited Activities: Noncanforming Building.
No nonconforming building shall be increased, enlarged or
altered in a way which augments its nonconformity.
J. Restoration; Nonconforming Building.
In the event a nonconforrning building is hereafter destroyed
by any cawse, it shall not be restored or recanstructed except
in conformity with the applica.ble requirements of this ordi-
nance.
H. Construction of Single-Family Dwelling and Accessory
Buildings on Nonconforming Lot.
A single-family dwelling and customary accessory buildings
may : be erected in any district in which single-family dweIl-
ings are permitted on any ,single lot of record at the effective
date of adoption of or amendment to thi.s ordinance, provided
Supp. No. 4
1872
- ~
i APPENDIX A-ZONING Sec. XI, E
that all other requirements are met for the district in which
it is loca.ted.
5ECTION XI. SPECIAL PftOVISI0N5
A. Mobile Home Parks.
In addition to the requirements set forth in this ordinance,
mobile home parks are subject to the requirements contained
in the Arden Hills Code of Ordinances and amendments
thereto.
Cross reference-Mobile homes, Ch. 14.
B. Swimming Pools.
In addition to the requirements set forth in this ordinance,
swimming pools are subject to the requirements contained in
the Arden Hi11s Code of Ordinances and amendments thereto:
Crosa reference-Swimming pools, Ch. 23.
C. Mining.
In addition to the re uirements set forth in this ordinance
q r
mining activities are subject to the requirements contained
, in the Arden Hills Code of Ordinances and amendments
thereto.
Croas reference-Esc vatio
a ns, Ch. 8.
D. SOlI PTOC@SS1Ilg.
In addition ta the requirements set forth in this ordinance,
soil processing activities are subject to the requirements con-
tained in the Arden Hills Code of Ordinances and amendments
thereto.
E. Land Reclamation.
In addition to the requirements set forth in this ordinance,
Iand reclamation activities are aubject to the requirements
co ntained in the .Arden Hills Code of Ordinances and amend-
ments thereto.
Supp. No. 4
1873
. ~
Sec. XI, F ARDEN HILLS CODE
F. Signs.
In addition to the requirements set forth in this ordinance,
all signs are subject to the requirements contained in the
Arden Hills Code of Ordinances and amendments thereto.
Cross reference-Signs, Ch. 21.
. G. Massage, Sauna and Rap Parlors.
In addition to the requirements set forth in this ordinance,
all massage, sauna and rap parlors are subject to the require-
ments contained in the Arden Hills Code of Ordinances and
amendments thereto.
Cross reference-Massage, sauna and rap parlors, Ch. 13.5.
SECTION XII. ENFORCEMENT
A. Enforcing Officer.
(1) This ordinance shall be administered by the adminis-
trator and enforced by the city council which may institute
in the name of the city any appropriate actions or proceedings
against a violator as provided by law.
(2) The administrator, appointed by the council shall:
(a) Determine if applications comply with the requirements
of this ordinance;
(b) Cause the building inspector to conduct inspections of
buildings and the use of land to determine compliance
with the requirements of this ordinance;
(c) Maintain current and permanent records of this ordi-
nance, including but not limited to, the zoning map,
amendments, special use permits, variances, appeals and
applications.
(d) Receive, file and forward all applications for appeals,
variances, special use permits and amendments to the
appropriate official bodies.
Supp. No. 4
1874
B. Fees. APPENDIR A-ZONING Sec. XIII, A
(1) The fees for the various applications of this ordinance shall
be established by the city council. Such fees may be reviewed and
revised by the council periodically.
(2) The required fee is payable at the time of the filing of the
application with the zoning administrator. Applications shall not
be placed on the planning commission's agenda unless the appro-
priate fee has been paid; however, no fee shall be charged for
discussion items.
C. Violations and Penalties.
(1) Any person, firm, corporation or voluntary association which
violates or refuses to comply with any of the provisions of this
ordinance shall be guilty of a misdemeanor for each day of viola-
tion and, upon conviction thereof, shall be subject to a fine of not
more than five hundred dollars ($500.00) and/or imprisonment
not to exceed ninety (90) days.
(2) In the event of a violation or a threatened violation of this
ordinance, the council, in addition to other remedies, may insti-
tute appropriate actions or proceedings to prevent, restrain, cor-
rect, or abate such violations or threatened violations and it shall
be the duty of the attorney to institute such action.
SECTION XIII. EFFECTUATION
A. Separability.
It is hereby declared to be the intention that the several pro-
visions of this ordinance are separable in accordance with the
following:
(1) If any court of competent jurisdiction shall adjudge any
provision of this ordinance to be invalid, such judgment
shall not affect any other provision of this ordinance not
specifically included in said judgment.
(2) If any court of competent jurisdiction shall adjudge invalid
the application of any portion of this ordinance to a partic-
ular property, building or other structure, such judgment
shall not affect the application of said provision to any
~ Supp. No. 20 1875
Sec. XIII, A ARDEN HILLS CODE
other property, building or structure not specific&11y in-
cluded in said judgment.
B. Ordinances Repealed.
The following 4rdinances are hereby repealed: Ordinance No.
99, and all ordinances repealed thereby; Ordinance Nos. 113, 123,
130, 136, 138, 139, 146,148, 152,173, 174,188, 196, 197, 199, 201
and 202.
C. Effective Date.
This ordinance shall be effective from and after its adoptipn by
the Arden Hills City Council and publication in the New Brightoll
Bulletin.
Adopted by the Arden Hills City Council this 25th day of Feb-
ruary, 1980.
Attest: /s/ Charlotts McNiesh /s/ Henry J. Cregeau, Jr.
Clerk Administrator Mczyor
SECTION XIV. MiSCELLANEOUS REGULATIQNS
A. Lexington•Fox Study Area.
(1) Defined. The eity has authorized its planning and consult-
ants to conduct studies and is in the process of formulating and
adopting amendments to its comprehensive plan and official con-
trols for that portion of the City of Arden Hills located as follows
(herein study area):
(a) North of County Road E;
(b) West of Lexington Avenue;
(c) South of I-694; and
(d) East of State Trunk Highway 51.
(2) Statement of Public Purpose. The city council has deter-
mined that, in order tQ protect the planning process, it is in the
public's interest to iFnpasQ an interim development moratorium
Supp. No. 20 1876
APPENDIX A-ZONING Sec. XIV, A
on development within the study area until the proposed changes
to the city's comprehensive plan and official controls are imple-
mented.
(3) Interim Development Moratorium. There is hereby imposed
an interim development moratorium on all development within
the study area from the effective date of this ordinance [October
17, 19901 until March 1, 1991, or until further council action,
whichever occurs first. The city may rescind the interim develop-
ment moratorium by resolution. The city may extend the interim
development moratorium by adopting an appropriate ordinance
after a public hearing preceded by ten (10) days' mailed notice.
(Ord. No. 273, 10-9-90)
Supp. No. 20 [The next page is 18971
1877
APPENDIX B
FRANCHISES
Cable Communications Franchiae, Arts. I-XIV
Gas Distribution System Eranchise, 1-11
IIectric Distribution System Francluse, 1-12
CABLE COMMUNICATIONS SYSTEM FRANCHISE*
Statement of Intent and Purpose
Findings
Article I. Short'lYtle and Definitione, H 1, 2
' Article II. Grant of Authority and General Provisions, 1-10
Article III. Design of System, 4$ 1-10
Article IV. Services and Programming; Subscriber Contracts; Com-
plaints, 1, 2
Article V. Construction; Initial Service Area Line Extension and Con-
struction Standards, $4 1-5
Article VI. Systems Operations, 1-5
Article VII. Reserved
Article VIII. Indemnification, Insurance, Letter of Credit and Bond, 44
1-5
Article IX. Default, 1, 2
Article X. Foreclosure, R.eceiverslup and Abandonment, 1-3
Article XI. Purchase of System, H 1, 2
Article XII. Miscellaneous, 6§ 1-6
Article XIII. Administration and Advisory Body, §4 1-3
Article XIV. Joint System; Acceptance; Incorporation of Offering; Ex-
hibits; Publication, H 1,.2
ORDINANCE NO. 226
AN ORDINANCE, Including Addendum with Exhibits, Grant-
ing a Franchise to Group W Cable of the North Suburbs, Inc., a
'Editor's note-Ordinance No. 226 is included in this Code at the request of
the city. Designation of the ordinance as part of App. B is at the discretion of the
editor. The franchise is included herein substantially as enacted, except that
capitalization, style, etc., have been edited to conform to established Code format,
and where deemed necessary by the editors, explanatory words have been added
in brackets. The exhibits referred to throughout the ordinance are not reprinted
herein, but are on file and available for reference in the office of the clerk-
administrator. Amendments to the franchise will be incorporated into the appro-
priate places, and the amendatory ordinance will be noted in parentheses follow-
ing the affected section.
Supp. No. 18 1897
I
ARDEN HILLS CODE
Minnesota Corporation, To Operate and Maintain a Cable Corn-
munication System in the City; Setting Forth Conditions Accom-
panying the Grant of Franchise; Providing for Regulation, and
Use of the System; and Prescribing Penalties for the Violation of
its Prouisions,
The Ctity Council of the City ofArden Hills Ordains:
STATEMENT OF INTENT AND PURPOSE
The city intends, by the adoption of this franchise, to bring
I about the development of a Cable Communicatioris System, and
the continued operation of it. Such a development can contribute
significantly to the communication needs and desires of many.
Further, the city may achieve better utilization and improve-
ment of public services with the development and operation of a
cable communications system.
Past studies, participated in by city, have led the way for
organizing a means of procuring and securing a cable communi-
cations system which, in the judgement of the couneil, is best
suited to the city. This has resulted in the preparation and adop-
tion of this franchise. '
FINDINGS
In the review of the proposal and application of Group W Cable
of the North Suburbs, Inc. ("grantee"); and as a result of the
public hearings, the city council makes the following findings:
A. The grantee's technical ability, financial condition, legal
qualifications, and character were considered and approved
in a full public prceeeding after due notice and reason-
able opportunity to be heard;
B. Grantee's plans for constructing and operating the sys-
tem were considered and found adequate and feasible in
a full public proceeding after due notice and reasonable '
opportunity to be heard;
C. The franchise granted to grantee by city complies with
the existing applicable Minnesota Statutes and regula-
tions and franchise standards of the Minnesota Cable
Communications Board; and
D. The franchise granted to grantee is nonexclusive.
I Supp. No. 18 1898
~
APPENDIX B-CABLE FRANCHISE Art. I, § 2
AftTICLE I. SHORT TITLE AND DEFINITIONS
Section 1. Short Title.
This ordinance shall be known and cited as the "Cable Com-
munications Ordinance."
Section 2. Definitions.
For the purpose of the franchise, the following terms, phrases,
worda and their derivations shall have the meanings given here-
in. When not inconsistent with the context, words used in the
~ present tense include the future, words in the plural number
include the singular number, and words in the singular number
include the plural number. The words "shall" and "will" are
mandatory and "may" is permissive. Words not def"ined shall be
given their common and ordinary meanings.
A. Basic service means the delivery by grantee to all sub-
scribers of satellite delivered special interest programming,
automated programming, broadcast stations and access pro-
gramming, and local origination channels by grantee as
covered by regular monthly charges paid by all subscrib-
' ers, which service is initially described in "Offering" as
Tier I, Tier II and Tier III. This definition excludes op-
tional services for which a separate charge is made.
B. Board means the Minnesota Cable Communications Board.
C. City means City of Arden Hills, a municipal corporation,
in the State of Minnesota, acting by and through its city
council.
D. Class IV channel means a signaling path provided by a
system to transmit signals of any type from a subscriber
terminal to another point in system.
E. Conuerter means an electronic device, which converts sig-
nals to a frequency acceptable to a television receiver of a
subscriber, and by an appropriate channel selector permits
' a subscriber to view all subscriber signals included in the
service.
F. Council means the governing body of the city.
3upp. No. 7 1899
~
Art. I, § 2 ARDEN HILLS CODE
G. Drop means the cable that connects the subscriber termi-
nal to the nearest feeder cable of the system.
H. FCC means the Federal Communications Commission and
any legally appointed, designated or elected agent or successor.
I. Grantee is Group W Cable of the North Suburbs, Inc., a
Minnesota Corporation, its agents or employees.
J. Gross revenues means all revenue derived directly or indi-
rectly by grantee, its affiliates, subsidiaries, parent, and
person in which grantee has financial interest of five (5)
per cent or more from or in connection with the operation
of the system, including but not limited to, basic subscriber
service monthly fees, pay cable fees, installation and re-
I connection fees, Ieased channel fees, converter rentals, stu-
dio rental, production equipment and personnel fees, and
advertising revenues. The term does not include any taxes
on services furnished by grantee and imposed directly upon
~ any subscriber or user by the state, city or other govern-
mental unit. Gross revenues shall not include revenues for
signals originating in or passing through the franchise
, area for transmission to a cable system or subscriber with-
out the franchise area unless grantee receives revenue for
such signal which has not already otherwise been directly
or indirectly subject to a franchise fee or similar tax, in
which case said revenues will be considered gross revenues
for the purpose of this franchise.
K. Installation means the connection of the system from feeder
cable to the point of connection.
L. Lockout device means an optional mechanical or electrical
accessory to a subscriber's terminal which inhibits the
viewing of a certain program, certain channel or certain
channels provided by way of the cable communications
system.
M. Metropolitan area means the seven-county/Minneapolis/St.
Paul, Minnesota major metropolitan area.
N. North suburban area means the area encompassed by the
corporate boundaries of Arden Hills, Falcon Heights, Lau-
3upp. No. 7 1900
~
I
APPENDIX B-CABLE FRANCHISE Art. I, § 2
derdale, Little Canada, Mounds View, New Brighton, North
Oaks, Roseville, St. Anthony, and Shoreview, Minnesota.
0. Offering of grantee or offering shall mean that certain
document dated Ostober 1, 1981, entitled "Application for
Cable Television Franchise" and signed by grantee, as
amended from time to time by mutual written agreement
between grantee and city or its delegatee, which document
is on file with the city clerk.
P. Pay cable or service other than basic service means the
delivery over the system of per-channel or per-program
audio-visual signals in intelligible form to subscribers for
a fee or charge, in addition to the charge for basic service.
Q. Prime rate means the interest charged from time to time
by the First National Bank of Minneapolis for ninety-day
ulisecured loans to commercial borrowers of the highest
credit rating.
R. Public property means any real property owned by city
other than a street.
S. Scrambler/descrambder refers respectively to the equipment
' installed iti the cable communication system's headend
equipment and subscriber terminal used to isolate pay
cable and other ancillary service channels froz4 basic ser-
vice which is accomplished by electronically distorting the
signal prior to its transmission through the cable commu-
nications system and reconstituting the signal at each au-
thorized location for subsequent display.
T. Sidewalk is the portion of a street delineated for pedes-
trian travel.
' U. Street means the surface of and the space above and below ~
any public street, road, highway, freeway, lane, path, pub-
lic way, alley, court, sidewalk, boulevard, parkway, drive
or any easement or right-of-way now or hereafter held by
city.
V. Subscriber means any person or entity who subscribes to a
service, provided by grantee by means of or in connection
Supp. No. 8 1901
~
Art. I, § 2 ARDEN HILLS CODE
with the system, regardless of whether a fee is paid for
such service.
W. System means a system of antennas, cables, wires, lines,
towers, waveguides or other conductors, converters, equip-
ment or facilities, designed and constructed for the pur-
pose of producing; receivtng, transmitting, amplifying and
distributing, audio, video and other forms of electronic
electrical signals, located in city. Said definition shall not
include any system wholly internal to one or more multi-
ple unit dwellings under common ownership, control or
management, and which does not use city streets or other
public property. In any event, system, as defined herein,
shall not be inconsistent with the definition as set out in
the rulea of the board. (Ord. No. 230, § 1, 3-14-83)
ARTICLE II. GRANT OF AUTHOKITY AND
GENER,AL PftOVISIONS
$ection 1. Grant of Francluse and Acceptance.
City hereby grants to grantee, to be effective upon certification
by the board, a nonexclusive franchise subject to all of the terms
and conditions as herein provided:
A. Grantee shall accept this franchise in the following man-
ner, and not later than the time set out in Article XIV,
Section 2:
(1) This franchise will be properly executed and acknowl-
edged by grantee and delivered to city.
(2) At the same time as deTivery of the executed fran-
chise, grantee shall deposit with city its nonrefund-
able acceptance fee in the sum of twelve thousand
dollars ($12,000.00) for the purpose of defraying the
costs and expenses of developing this franchise and for
the enforcement and administration costs to be incurred
until franchise fees may be realized. After the initial
payment of the acceptance fee, should costs in excess
of the acceptance fee be incurred by city prior to the
payment of the first franchise fee, city may charge
Supp. No. 8 1902
~I
I
I APPENDIX B-FRANCHISES Art. II, § 3
such excess costs to grantee and grantee shall psy
them on demand by city, as an advance on the pay-
ment of franchise fees.
(3) All security deposits, letters of credit, certificates of
insurance, acceptances, bonds, attorneys' opinions, or-
ganizational and creation dceuments and guarantees
required of grantee by this franchise, shall be deliv-
ered with the executed franchise and in accordance
therewith. (Ord. No. 227, § 1, 11-8-82)
Section 2. Authority Granted.
A. City grants to grantee permission to use streets for erect-
ing, constructing, operating and maintaining the system. Other
rights necessary for the system on other public or private prop-
erty must be obtained by grantee, but city shall have no obliga-
tion to give or grant or assist in obtaining the same.
B. Grantee shall construct and maintain the system so as not
to interfere with other uses of streets. Grantee shall make use of .
existing poles and other facilities available to grantee.
C. Notwithstanding the above grant to use streets, no street
I shall be used by grantee if city, in its sole opinion, determines
that such use is inconsistent with the terms, conditions or provi-
sions by which such street was created or dedicated, or with the
present use of the street.
Section 3. Agreement.
A. Grantee agrees to be bound by all the terms and conditions
of this franchise.
B. Grantee also agrees to provide. all services specifically set
forth in, and to comply with all provisions of, its offering to
provide a system within the boundaries of city. Failure of grantee
to provide a system as described in its offering, at city's option,
shall be violation of the provisions of this franchise. In the event
of conflicts or discrepancies between the offering of grantee and
the provisions of this franchise, the provisions which provide the
greatest benefit to city, in the opinion of the council, shall prevail.
Supp. No. 22 1903
/
Art. II, § 4 ARDEN HILLS CODE
Section 4. Franchise Term.
This franchise shall commence upon the effective date of the
regular certificate of confirmation issued by board and shall ex-
pire fifteen (15) years from date of acceptance.
Section 5. Area.
This franchise is granted for city as it exists from time to time
during the term of this franchise.
Section 6. Police and Eminent Domain Powers.
A. Grantee's rights are subject to the rights of eminent do-
main of the city and to the police power of city to adopt and
enforce ordinances necessary to the health, safety and welfare of
~ the public.
B. Any conflict between the provisions of this franchise and
I any other present or future lawful exercise of the right of emi-
nent domain and the police powers of city shall be resolved in
favor of city.
Section 7. Use of Grantee Facilities.
City shall have the right to install and maintain, free of charge,
upon the poles and within the underground pipes and conduits of
grantee, any wires and fixtures desired by city. Grantee waives
any claim against city arising from city's exercise of these rights.
Section S. Written Notice.
All notices, reports or demands required to be given in writing
I under this franchise shall be deemed to be given when delivered
personally to any officer of grantee or city's clerk-administrator
of this franchise or forty-eight (48) hours after it is deposited in
I the United States mail in a sealed envelope, with registered or
certified mail postage prepaid ther.eon, addressed to the party to
which notice is being given; as follows:
If to city: City of Arden Hills
1450 W. Highway 96
Arden Hills, Minnesota 55112
Supp. No. 22 1904
I
APPENDIX B-FRANCHI5E5 Art. II, § 9
If to grantee: Cable TV North Central
' 934 Woodhill Drive
Roseville, Minnesota 55113
Attn: System Manager
Such addresses may be changed by either party upon notice to the
other party given as provided in this section. (Ord. No. 280, 4-29-91)
- - - - - -
I Section 9. Rights of Individuals.
A. No signals, including signals of a Class IV channel, shall be
transmitted from a subscriber terminal except as required to
provide a service authorized by this franchise and the subscriber.
Grantee and any other person shall neither initiate nor use any
prceedure or device for monitoring individual viewing patterns
or practices or otherwise prceuring or storing or selling informa-
tion or data from a subscriber's terminal(s) by any other means,
without the prior authorization of the affected subscriber, which
shall not have been obtained from the subscriber as a condition of
providing service. The request for such authorization shall be
contained in a separate document which prominently states that
the subscriber is authorizing with full knowledge of the authori-
zation provisions and which identifies the purpose for which the
data or information is being gathered or stored. Such authoriza-
tion shall be for a limited period of time not to exceed one (1)
year. The authorization shall be revocable at any time by the
subscriber without penalty of any kind whatsoever. A separate
authorization shall be required for each type or classification of
data or information sought from a subscriber terminal.
B. Grantee shall not, without the written authorization of the
affected subscriber, provide to anyone data identifying or desig-
nating any subscriber. Any data, the collection of which is au-
thorized, shall be made available upon request by and without
charge to the authorizing subscriber in understandable fashion,
including specif'ication of the purpose for which the information
is being gathered and to whom and for what fee the information
is to be sold.
C. Grantee shall not tap or monitor, arrange for the tapping or
monitoring, or permit any other person to tap or monitor, any
cable, line, signal input device, or subscriber outlet or receiver
Supp. No. 22 1905
Art. II, $ 9 ARDEN IiILLS CODE
for any purpose whatscever, without the prior written authoriza-
tion of the affected subscriber as required by paragraph A of this
section.
D. Nothing herein contained shall prohibit grantee from veri-
fying system operation and the transmission of signals to an
affected subscriber or from monitoring for the purpose of billing.
The information obtained pursuant to this subsection shall be
subject to the provisions oFthis section relating to confidentiality.
Section 10. Certificate of Confirmation.
Grantee shall abide by the then current rules and regulations
of the board regarding the application, approval, and renewal of
a certificate of confirmation. Failure of grantee to obtain a certif-
icate of conf'irmation or a renewal thereof shall result in auto-
I matic termination of this franehise, and this franchise shall cease
to be of any force or effect. However, grantee may operate the
syatem while the board is considering an application for renewal
of the certificate of confirmation.
ARTICLE III. DESIGN OF SYSTEM
Section 1. Channel Capacity; Subscriber Network.
A. The system shall be capable of providing at least fifty-nine
I (59) downstream channels, four (4) fully activated upstream chan-
nels and a full-video information retrieval channel. The system
shall provide access to information data bases with the capacity
I as detailed in the offering.
B. The system shall provide three (3) tiers of subscriber ser-
vice. Tier 1 shall be a twenty-two-video channel universal service
i tier. Tier 2 shall be afifty-nine-video channel basic service. Tier 3
shall be a fifty-nine-channel interactive service tier. (Ord. No.
I 233, § 1, 2-11-85)
Section 2. Picture Quality and Technical Requirements.
A. The system shall produce a picture upon each subscriber's
television screen in black and white or color, depending upon
Supp. No. 22 1906
' APPENDIX B-FEiANCHISES Art. III, § 2
whether color is being telecast and provided the subscriber's
television set is capable of producing a color picture, that is_not
materially distorted and that is free from ghost images, without
material degradation of color fidelity. The system shall produce a
sound that is not materially distorted on any receiver of a sub-
scriber. Grantee, at its expense, shall install and maintain the
system so as not to interfere with any subscriber's ability to
receive local broadcast stations.
B. The system shall transmit or distribute signals to all televi-
sion and radio receivers of all subscribera without causing unrea-
sonable cross-modulation in the cables or unreasonably .interfer-
ing, in the sole opinion of city, with other electrical ar electronic
systems or the reception of other television or radio receivers.
C. Grantee shall construct and maintain a sy$tem that at least
meets minimum technical standards now or hereafter promul-
gated by the FCC relating to cable communication systems; pro-
vided, .however, that in no, event shall the technical standards
required to be met by grantee be less stringent than the FCC
standards in effect at the time of the adoption of the ordinance,
nor shall grantee be required to meet minimum FCC technical
standards which apply solely to cable communicationa systems
for which franchises are granted subsequent to the acceptance of
this franchise. The FCC technical atan4ards relating to cable
communications systems contained in Subpart K of Part 76 of the
FCC rules are hereby incorpurated by reference and made a part
hereof. In any event, grantee shall, at a minimum, comply with
the technical standards of the offering.
D. The system shall be designed for and operated on a twenty-
four (24) hours-a-day continuous operation basis.
E. Grantee shall initially and subsequently test the technical
capacity of the system according to the procedures delineated in
the offering. Additionally, grantee agrees to allow city to select a '
consultant if city deems it is necessary to review and perform
such testing procedure. The results of any tests required by the
FCC ahall be filed within ten (10) days of the conduct of such tests
with the city and the board. Other representatives of city may be '
present during testing. Tests may be done annually at such times
as is determined by city, with notice to grantee. The expenses of
Supp. No. 22
1907
Art. III, 4 2 ARDEN HILIS CODE
any tests required by the FCC shall be paid by grantee. The
expenses of tests required by city in addition to FCC required
tests shall be paid by city from the franchise fee. Should the tests
show the system to be not in compliance with this franchise,
grantee ahall pay, upon demand of city, all expenses associated
with city-required tests.
Sec. 3. Two-way capacity.
Grantee shall initially activate and thereafter maintain a two-
way capable [cable] system (audio, video and data impulse). Grantee
shall fully activate four (4) upstream channels at the time of
i system activation. Thia will include fully interactive service ca-
pability support,ed by addressable, state-of-the-art equipment. (Ord.
No. 233, § 2, 2-11-85)
Section 4. Facilities.
The grantee shall construct, maintain and continue to provide
all facilities and equipment set forth in the offering including, but
not limited to, the headend, hubs, distribution system and other
facilities. Grantee's plan, as set forth in the offering, for imple-
menting the construction, utilization, system performance, and
maintenance of these facilities, including its plans for accommo-
dating future growth and changing needs and desires, shall be
fully and timely performed. (Ord. No. 233, § 3, 2-11-85; Ord. No.
280, 4-29-91)
Sec. 5. Special channel and access requirements.
A. Grantee will carry broadcast stations in accordance with
FCC rules as from time to time revised.
B. Grantee will provide an audio/video emergency alert over-
ride system that will permit the interruption by designated city
officials of all audio (including FM) and video programming, in-
structing citizens where to switch for emergency announcements.
C. Grantee shall provide at least thirteen (13) channels for
access use for the following uses: two (2) public access, an educa- '
tional access, a government access, one (1) leased access, a local
origination access, a religious access, a special needs access, a
library access, a higher education access, a community access, ~
Supp. No. 22
1908
~
APPENDIX B-FEiANCHISE5 Art. III, § 6
and two (2) public school district access channels (hereinafter "ac-
cess channels"). All residential subscribers who receive all or any
part of the total services offered on the system shall also receive
all of said thirteen (13) access channels at no additional charge.
All channels shall be activated upon system activation and there-
after maintained.
D. The city and its designee shall have complete and unre-
stricted access to the access channels, however, the grantee shall
have full responsibility for the maintenance, repair, and tech-
nical performance of tbe cable and related active and passive
electronics which carry said access channels (excluding all equip-
ment owned and operated by the city or the North Suburban
, Cable Communications Commission). The VHF spectrum shall be
used for at least one of the specially designated noncommercial
public access channels required unless specifically waived by the
city or its designee. No charges shall be made for channel time or
playback of prerecorded programming on access channels except
the leased access channel which shall remain in the exclusive
control of grantee.
E. Whenever any of the access channels is in use during eighty
(80) per cent of the weekdays (Monday-Friday), for eighty (80) ,
per cent of the time during any consecutive three (3) hour period
for six (6) weeks running, and there is demand for use of an
additional channel for the same purpose, grantee shall then have
six (6) months in which to provide a new specially designated
access channel for the same purpose at no additional cost to sub-
scribers. (Ord. No. 233, § 4, 2-11-85; Ord. No. 236, § 1, 6-24-85;
Ord. No. 280, 4-29-91)
3ection 6. Institutional Network.
The syatem shall include a se.parate institutional cable com-
munications network, interconnected with the subscriber network,
which will permit thirty-eight (38) separate television channels
to be sent to each institution and sixteen (16) channels to be
returned from each institution to the head-end for redistribution.
Said institutional network shall be offered, activated, expanded,
matketed, and developed at a minimum in full compliance with
the offering. Need for the provision of institutional service shall
be determined in the sole discretion of city.
Supp. No. 22 1909
Art. III, § 7 ARDEN HII.IS CODE
' Section 7. Service to Public Building snd Educational
Institutiona.
Grantee shall provide, at a minimum, institutional network
' service to the fallowing inatitutions, and such other public insti-
tutions as city may from time to time designate in substitution
thereof or in addition thereto:
I School Address
I.S.D. 283:
Wilshire Park Elementary 3600 N.E. Highcreat Road
St. Anthony
St. Anthony Middle School 3303 - 33rd Avenue N.E.
St. Anthony
St. Anthony Jr.-Sr. High School 3303 - 33rd Avenue N.E.
St. Anthony
I.S.D. 621:
District Service Center 2529 Hamiine Avenue N.
Roseville
Bel Air Elementary School 1800 N.W. 5th Street
New Brighton
Chippewa Middle School 5000 Hodgson Road
North Oaks
Community R,esource Center 5100 N.E. Edgewood Drive
Mounds View
Highview Middle School 2300 N.W. 7th Street
New Brighton
Irondale Sr. High School 2425 Long Lake Road
New Brighton
Island Lake Elementary Schooi 3555 N. Victoria
Shoreview
Oak Grove High School 5100 Hodgson Road
North Oaks
Pike I.ake Elementary School 2101 N. W. 14th Street
New $righton
Pinewood Elementary School 5500 Quincy
Mounds View .
Ralph R. Iteeder Elementary School 2800 Arona
Roseville
Snail Lake Elementary School 4550 Hodgson Road
Shoreview
Sunnyside Elementaty School 2070 County Road H
New Brighton
'Iurtle Lake Elementary School 1141 W. County Road I
Shoreview
Supp. No. 22 1910 I
I
APPENDIX B-FR.ANCHISES Art• iii> § 7
School Address
Valentine Hills Elementary School 1770 W. County Road E2
Arden Hills
Mounds View High School 1900 W. County Road F
Arden Hills
Supp. No. 22 1911
APPENDIX B-CABLE FRANCHISE Art. III, § 7
School Address
I.S.D. 623
District Office 1251 W. County Road B-2
Roseville
Brimhall Elementary School 1744 W. County Road B
Roseville
Capital View Middle School 70 West County Road B-2
Little Canada
Central Park Elementary School 535 W. County Road B-2
Roseville
Kellogg Senior High School 15 E. County Road B-2
Little Canada
Little Canada Elementary School 400 Eli Road
Little Canada
Parkview Middle School 701 W. County Road B
Roseville
Fairview Community Center 1910 W. County Road B
Roseville
Ramsey Senior High School 1261 Highway 36
Roseville
Emmet D. Williams Elementary School 955 West County Road D
Shoreview
Non-Public Schools
Corpus Christi School 2131 N. Fairview
Roseville
King of Kings Lutheran School 2330 N. Dale
Roseville
St. John the Baptist School 945 - 2nd Avenue N. W.
New Brighton
St. Rose of Lima 2072 N. Hamline
Roseville
St. John the Evangelist 2621 McMenemy
Little Canada
St. Odilia 3495 N. Victoria
Shoreview
St. Charles Borromeo 2727 N.E. Stinson Blvd.
St. Anthony
North Side Christian School 7901 Red Oak Drive N.E.
Mounds View
Concordia Academy 2400 N. Dale
Roseville
Northwestern College and Seminary 3003 Snelling Avenue N.
Roseville
$ethel College 3900 Bethel Drive
Arden Hills
Supp. No. 7 1913
I
Art. III, § 7 ARDEN HII.LS CODE
School Address
University of Minnesota:
Agricultural Extension Service
Department of Information and 1420 Eckles Avenue
Agricultural Journalism St. Paul
Home of the Good Shepherd 5100 Hodgson Road
North Oaks
United Theological Seminary 3000 N.W. 5th Street
New Brighton
Libraries
Ramsey County Public Library 2180 N. Hamline
Roseville
Arden Hills Branch Library 1941 W. County Road E-2
Arden Hills
St. Anthony Public Library 2900 N.E. Pentagon Drive
St. Anthony
Gouernment Offices:
Arden Hilla City Hall 1450 W. Highway 96
Public Worka Building 1450 W. Highway 96
Fire Station Nl 3244 New Brighton Road
Falcon Heights City Hall 2077 W. Larpenteur
Falcon Heighta Community Building 2050 W. Roselawn
, Lauderdale City Hall 1891 Walnut Street
Little Canada City Center 515 E. Little Canada Road
Little Canada Fire Station 400 Little Canada Road
Mounds View City Hall 2401 Highway 10
Mounds View Fire Department 1810 Highway 10
New Brighton Municipal Building 803 - 5th Avenue N.W.
New Brighton Fire Station 803 - 5th Avenue N.W.
(across the street)
New Brighton Maintenance Building 700 - 5th Street N.W.
New Brighton Parks and Recreation
Building 1975 Silver Lake Road
North Oaks Recreation Center Mink Lane
North Oaks Fire Station Hodgson Road south of County
Road G-2
Roseville City Hall 2660 Civic Center Drive
Roseville Ice Arena 1200 Woodhill Drive
Roseville Recreation Building 1114 Woodhill Drive
Fire Station /1 Civic Center Drive
Fire Station N2
Fire Station k3
National Guard Armory 211 N. McCarron Lake Blvd.
Lexington School (916 Vo Tech) 1130 W. County Road B
Cedarholm Golf Course (municipal) Hamline Ave. N. & Hwy. 36
3upp. No. 7 1914
APPENDIX B-FRANCHISES Art. III, § 9
School Address
Roseville Maintenance Building 2600 Civic Center Drive
St. Anthony City Hall 3301 Silver Lake Hoad
St. Anthony Maintenance Building 2900 Kenzie Terrace
St. Anthony Public Works Building 3801 Chandler Drive
Shoreview City Hall 4665 N. Victoria St.
Shoreview Maintenance Building 4665 N. Victoria St.
Shoreview Civil Defense Office 4665 N. Victoria St.
Shoreview Ice Arena 877 W. Highway 96
Ramsey County Public Works Garage 3377 N. Rice Street
Ramsey County Sheriff Patrol Division 3401 N. Rice Street
Lake Owasso Residence 210 N. Owasso Blvd.
Section 8. Interconnection.
The system servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North
Oaks, Roseville, St. Anthony, and Shoreview shall be completely
interconnected. Grantee will comply with all present and future
laws regarding interconnection of systems, and will cooperate
with any agencies or utilities involved with interconnection. At
such times as interconnection is required, grantee shall accom-
plish this without additional charge to subscribers. The system
shall be initially constructed so that other systems now or here-
after constructed in any area adjacent to the system or within the
metropolitan area (if technologically feasible) may be intercon-
nected with the system upon request of city and agreement with
other system's grantor and cable company. If grantee owns geo-
graphically contiguous systems they shall be interconnected with
the system upon request of city in all situations and to such ex-
tent such interconnection is technically and economically fea-
sible. Grantee shall interconnect channels designated by city with
channels of ather systems in all cases in which other system(s)
indicate in writing a desire to provide an adequate share of facil-
ities and budget for such interconnection. In any event, both par-
ties to this agreement desire interconnection of the system to the ~
greatest extent of technical and economic feasibility. (Ord. No.
280, 4-29-91)
Section 9. Narrowcasting.
The system shall be capable of "narrowcasting" of programs to
each city separately as provided in the offering so that the resi-
Supp. No. 22 1915
Art. III, § 9 ARDEN HILLS CODE
dents of one city may view a given program while, at the same
time, residents of another city may watch different programming
at the same time on the same channel.
Section 10. Regional Channel.
The standard VHF Channel6 is hereby designated for uniform
regional channel usage. Use of time on the regional channel shall
~ be made available without charge. (Ord. No. 280, 4-29-91)
I ARTICLE IV. SER.VICES AND PROGR.AMMING;
SUBSCRIBEK CONTRACTS; COMPLAINTS
Section 1. Services and Programming.
A. Grantee shall provide those services and programming as
specified in its offering.
B. City recognizes that services and programming in cable
communications is rapidly changing. Therefore, to insure the
providing of services and programing in the best interest of the
citizens of city, grantee may add or delete services and program-
ming from the system only with the express written permission
of city, as authorized by the council of city or designated adminis-
trative body. While such addition or deletion of programming or
services will not require the amendment of this franchise, any
addition or deletion bf programming will be subject to all terms
and conditions of this franchise. C. City and grantee recognize that certain programming was
proposed by grantee in its offering and that grantee was selected
at least in part on the programming that it offered. Further,
grantee in its offering pledged that it would not off.er. X-rated or
otherwise pornographic programming that, in the: sole opinion 4f
city, offended the standards of decency of the city. Therefore,
although city agrees not to unreasonably withhold or delay ap-
proval of the deletion or addition of programming, grantee agrees:
(1) Programming, shall not be deleted unless it is unavailable
or can be replaced by programming of similar type and
Supp. No. 22 1916
I
APPENDIX B-CABLE FRANCHISE Art. N, § 2
quality which is acceptable to city, such acceptance not
being unreasonably withheld or delayed; and
(2) Programming shall not be added to the system which city
determines violates grantee's pledge in its offering regard-
ing the type and quality of programming offered on the
system. In any event, city shall not unreasonably withhold
its consent to the addition of programming which is consis-
tent with the type and quality of programming which was
originally offered on the system.
Section 2. Interruption of Service and Complaints.
A. Whenever it is necessary to shut off or interrupt service,
grantee shall do so during periods of minimum use of the system.
Unless such interruption is unforeseen and immediately neces-
sary, grantee shall give reasonable notice thereof to subscribers.
All costs incurred in repairing the system and handling com-
plaints shall be paid by grantee, and if service is interrupted or
~ discontinued for a total period of more than forty-eight (48) hours
in any thirty-day period, subscribers shall be credited pro rata for
such interruption. The cause of any such interruption shall be
removed and service restored as promptly as reasonably possible.
B. Grantee shall maintain an office in the north suburban
area which shall be open during all usual business hours, have a
listed local telephone, and be so operated that complaints and
I requests for repairs or adjustments may be received at any time,
seven (7) days per week, consistent with the procedures for same
in the offering.
(1) Notice of this information shall be provided to all new
subscribers at time of subscription and to existing sub-
scribers annually.
(2) Grantee shall not engage in the sale of television sets or
provide other television repair service, but in the event
such service is required, shall promptly notify subscriber
of that need for service.
(3) All complaints by city, subscribers, or other persons re-
gazding the quality of service, equipment malfunction, bill-
ing disputes, and any other matters relative to the system,
3upp. No. 1 1917
Art. IV, § 2 ARDEN HILLS CODE
shall be investigated and responded to by a service repre-
sentative at the lceation of the complaint by grantee within
twenty-four (24) hours. If reasonably possible, grantee sha11
rectify the cause of all valid complaints. If a complaint is
not rectified within seven (7) days, the complainant may
then file the complaint with city.
(4) City and grantee ahall prepare and maintain a record of
all complaints made to them. ff at any time after the filing
of a complaint with city, city determines, in its sole discre-
tion, that the complaint represents a violation of this fran-
chise, any law, ordinance or regulation, or represents a
failure in the performance of grantee pursuant to this
franchise, city may, in addition to any other remedy avail-
able to it, issue written notice specifying the nature of the
complaint and ordering grantee to appear at the next regu-
larly scheduled council meeting or at a special meeting of
the council called for this purpose. At said council meeting,
grantee shall explain its failure to rectify the complaint
and show cause why the council should not institute de-
fault prceeedings. Failure by grantee to appear may re-
sult, at the sole diacretion of city, in the termination of this
~ franchise.
ARTICLE V. CONSTRUCTION; INI'I'IAL SERVICE AREA
LINE EXTENSION AND CONSTRUCTION STANDARDS
Section 1. Initial Service Area.
Grantee shall construct, as the initial service area, all areas
containing dwelling units within city, so that every dwelling unit
within city constructed, in the sole opinion of city, prior to the
completion of construction of the system in the initial service
area, shall be able to receive service from the system at the same
rates and charges which are set forth in Exhibit A of this fran-
chise. Grantee shall extend service to any area within the corpo-
rate boundaries of the city which was not constructed as a part of
the initial service area, which subsequently exceeds a density of
thirty-five (35) dwelling units per street mile or greater, at the
same rates and charges which are set forth in Exhibit A of this
Supp. No. 7 1918
APPENDIX B-CABLE FRANCHISE Art. V, $ 2
franchise. Trunk lines will be extended to all city boundaries as
such trunk lines are designated in_the maps provided in the
offering.
Section 2. Line Extensio.n Policy.
Grantee's extension of service to those areas not constructed as
a part of the initial service area shall comply with the following
requirements:
(A) In the portions of the line extension area which do not
exceed thirty-five (35) dwelling units per street mile, grantee
shall provide cable television on a cost-sharing arrange-
ment. If any potential subscriber requests that the line be
extended, grantee shall calculate the cost on a time and
material basis. Grantee shall bear the cost of the first four
hundred dollars ($400.00) per dwelling unit passed by the
line extension. All subscribers served by any such exten-
sion will bear in equal shares the remainder of all costs. If
additional subscribers receive service form the line exten-
sion, they will assume their pro-rated share of the line
extension cost; and, appropriate rebates will be made to
subscribers having previously assumed those costs, or if
said subscriber cannot be lceated by grantee, appropriate
rebates will be made to the current subscriber of affected
dwelling unit. If additional dwelling units are constructed
in the line extension area and the line extension density
remains at or under thirty-five (35) dwelling units per
street mile contiguous to the initial service area, grantee
shall rebate to subscribers on the line extension on a pra
rated basis four hundred dollars ($400.00) for each addi-
tional dwelling unit built. In no event will a subscriber
who partially assumed construction costs be rebated more
than the amount initially assumed by that subscriber.
(B) If the line extension has been built and exceeds a density
of thirty-five (35) dwelling units per street mile contiguous
to the initial service area, grantee shall rebate all monies
paid by those subscribers who have assumed line exten-
sion costs. In no event will a subscriber who partially
assumed construction costs be rebated more than the amount
initially assumed by the subscriber.
Supp. No.10 1919
Art. V, ¢ 2 ARDEN HILLS CODE
(C) For installation of service drops longer than two hundred
(200) feet, the resident shall be charged an additional amount
for the installation equal to the incremental increase of
the cost of time and materials for everything longer than
two hundred (200) feet.
Section 3. Construction 'limetable.
A. Within ninety (90) days after the effective date of the board
certification of franchise, grantee shall apply for all necessary
permits, licenses, certificates and authorizations which are re-
quired in the conduct of its business, including, but not limited
to, any joint use attachment agreements, microwave carrier li-
~ censes, or any other permits, licenses and authorizations to be
granted by duly constituted regulatory agencies having jurisdic-
tion over the o eration of eable communication sY
p stems, or their
assceiated microwave transmission facilities: If after one (1) year
from the commencement of the franchise term, grantee has not
received the permits, licenses, certificates and authorizations de-
scribed in this paragraph, city may terminate this franchise with-
out regard to fault for delay in obtaining such permits, licenses,
certificates and authorizations.
B. Within ninety (90) days after obtaining all necessary per-
mits, licenses, certificates and authorizations, grantee shall give
written notice thereof to city and commence construction and
installation of the system. Grantee shall have constructed all
areas of the initial service area which contain dwelling units on
or before November 12, 1984 so that persons along the route of
the energized cable will have individual `drops' as desired during
the same period of time.
C. Any delays in the construction timetable or commencement
of construction shall result in penalties as provided in this fran-
chise, and continued delays may result in the termination of this
franchise and all rights and privileges of grantee hereunder.
(1) Grantee shall promptly notify city in writing of all delays
known or anticipated in the construction of the system.
(2) City may extend the time for beginning construction or
may extend the construction timetable in the event grant-
Supp. No.10 1920
APPENDIX B-CABLE FRANCHISE Art. V, § 4
ee, acting in good faith, experiences delays by reason of
circumstances beyond its control. (Ord. No. 23, § 5, 2-11-85)
Section 4. Construction Standards.
A. Grantee shall not open or disturb the surface of any streets
or public property without first obtaining a permit from city, for
which permit city may impose a reasonable fee to be paid by
grantee. The lines, conduits, cables and other property placed in
the streets, public, or private property pursuant to such permit
shall be lceated in such part of the street, public, or private
property as shall be determined by city. Grantee shall, upon
completion of any work requiring the opening of any streets,
public, or private property, restore the same, including the pave-
ment and its grounds, to as good a condition as formerly and in a
manner and quality approved by city, and shall exercise reason-
able care to maintain the same thereafter in good condition. Such
work shall be performed with diligence and due care, and if
grantee shall fail to perform the work promptly, to remove all
dirt and rubbish and to put the street, public, or private property
back into the condition required hereby, city shall have the right
after seven (7) business days' notice to grantee to put the streets,
public, or private property back into good condition at the ex-
pense of grantee. Grantee shall, upon demand, pay to city the
reasonable cost of such work done or performed. B. All wires, conduits, cable and other property and facilities
of grantee shall be so located, constructed, installed and main-
tained as not to endanger or unnecessarily interfere with the
usual and customary trade, traffic and travel upon, or other use
of, the streets and public property of city. Grantee shall keep and
maintain all of its property in good condition, order and repair so
that the same shall not menace or endanger the life or property of
any person. City shall have the right to inspect and examine at
all reasonable times and upon reasonable notice the property
owned or used, in part or in whole, by grantee. Grantee shall
keep accurate maps and records of all of its wires, conduits,
cables and other property and facilities located, constructed and
maintained in the city. Further, grantee shall, without charge,
furnish copies of such maps and records from time to time as
requested by city.
Supp. No. 10 1921
Art. V, § 4 ARDEN HILLS CODE
C. All wires, conduits, cables and other property and facilities
of grantee, shall be constructed and installed in an orderly and
workmanlike manner. All wires, conduits and cables shall be
inatalled, where possible, parallel with electric and telephone
lines. Multiple cable configurations shall be arranged in parallel
and bundled with due respect for engineering considerations.
D. Grantee shall at all times comply with all applicable laws,
ordinances, rules, regulations and codes, federal, state and local.
In any event, the installation, operation or maintenance of the
system shall not endanger or interfere with the safety of persons
or property in the city.
E. Whenever city shall undertake any public improvemErit
which affects grantee's equipment or facilities, city shall, with
due regard to reasonable working conditions and with reasonable
notice, direct grantee to remove its wires, conduits, cables and
other property located in streets, public or private property.
Grantee shall relceate or protect its wires, conduits, cables and
other property at its own expense.
F. Grantee's plans for constructing its system, and the con-
struction of the system, shall be in accordance with its offering.
However, grantee shall comply with the following minimum
requirements:
(1) Grantee shall construct underground in any area where
a11 other utility lines are underground.
(2) Grantee shall change from aerial to underground, at its
own expense, in any area where:
(i) All other lines are hereafter changed from aerial to
underground; or
(ii) Any aerial line is changed to underground by tht, open
trench method and city requests grantee to share the
trench.
(3) To enable grantee reasonable opportunity to change its '
wiring from aerial to underground, and also to allow it to
prewire all new multiple dwelling units, subdivisions or
new development areas, city shall provide grantee with at
least fifteen (15) days' prior written notice of the following,
but in no event shall city have any liability for failure to
provide notice of the following:
Supp. No. l0 1922
~
APPENDIX B-CABLE FRANCI-IISE Art. V, § 5
(a) Any changes of which city has knowledge, or which
city may order, regarding a change from aerial to
underground of any line (telephone or electrical) within
its boundaries.
(b) Any underground trenching that may be pending.
(c) All subdividers or developers of new subdivisions and
developments shall be notified of the franchise and the
system.
(d) All franchise changes affecting the wiring of the system.
Section 5. Conditions of Use.
A. Grantee shall not place poles or other f"ixtures where the
same will interfere with any gas, electric or telephone fixture,
water hydrant or main, or sewer line.
B. Grantee, at the request of any person holding a building
moving permit and with not less than five (5) days' advance
notice, shall temporarily remove, raise or lower its wires, con-
duits and cables. The expense of such temporary removal, raising
or lowering of wires, conduits and cables shall be paid by per-
son(s) requesting the same, and grantee shall have the authority
to require such payment in advance.
C. Grantee shall have the authority, upon written consent by
the city and to the extent the city has authority to grant the
same, to trim trees upon or overhanging any street or public
property only to the extent reasonably necessary to prevent the
branches of such trees from coming in contact with the wires,
conduits and cables of grantee. All trimming for the benefit of
grantee shall be done under the supervision and direction of city
and at the expense of grantee. Any activities of the grantee
which are undertaken pursuant to authority granted under this
paragraph are specifically made subject to the indemnification
and insurance provisions of Article VIII, Section 2 of this franchise.
D. Nothing contained in this franchise shall relieve any per-
son, other than city, from liability arising out of the failure to
exercise reasonable care to avoid injuring the grantee's facilities
while performing any work connected with grading, regrading or
changing the line of any street or public place or with the con-
struction or reconstruction of any sewer or water system.
Supp. No. 1 1923
Art. VI, § 1 ARDEN HILLS CODE
ARTICLE VI. SYSTEMS OPERATIONS
Section 1. Information Availability.
A. Throughout the term of this franchise, grantee shall main-
tain books and records in accordance with normal and accepted
bookkeeping and accounting practices for the cable communica-
tions industry, and allow for inspection and copying of them by
city at reasonable times at grantee's designated office. The books
and records to be maintained by grantee shall include the following:
(1) A record of all requests for service except those requests
subsequently withdrawn (retain for two (2) years);
(2) A record of all subscriber or other complaints, and the
action taken (retained for two (2) Years)•
,
(3) Afile of all subscriber contracts;
(4) Grantee policies, prceedures and company rules; and
(5) Financial records.
B. City shall give grantee at least twenty-four (24) hours' no-
tice before making inspections of any books or records of grantee.
C. Grantee shall file with city, at the time of its annual pay-
ment of the franchise fee, as described in this franchise, the
following (although city may make written waiver of receipt of
any of the following):
(1) A financial statement certified by an officer of grantee
showing, in such reasonable detail as acceptable to city,
the gross revenues of grantee for the preceding fiscal year.
I (2) Current list of names and addresses of each officer and direc-
I tor and other management personnel, and if a corporation,
each shareholder having stock ownership of three (3) per
cent or more, and if a partnership, all general partners,
and if a general partner is a corporation, the foregoing
information shall be given as to the corporate general
partner.
(3) A copy of each document filed with all federal, state and
local agencies not previously filed with city with respect to
Supp. No. 7 1924
L
APPENDIX B-CABLE FRANCHISE Art. VI, § 2
the ownership and operation of system (each of these fi1-
ings shall be provided at the time the filing is made).
(4) A statement of its current billing practices.
(5) A current copy of its rules and policies.
(6) A current copy of its subscriber service contract, if any.
D. City, its agents and representatives shall have authority to
arrange for and conduct an audit of and copy the books and
records of grantee. The city and grantee shall establish reason-
able procedures to protect the confidentiality of information. Grantee
shall first be given five (5) days' notice of the audit request, the
description of and purpose for the audit, and description, to the
best of city's ability, of the books, records and dceuments it wants
to review: Grantee shall receive at least twenty-four (24) hours'
notice before an actual inspection of such books, records and
documents.
Section 2. Service Contract.
A. Grantee shall receive approval from city of the form and
content of the service contract to be used by grantee prior to
entering into any such service contracts with subscribers, and
the grantee shall make no changes in the approved service con-
tract without prior written approval of city, which permission
shall not be unreasonably withheld or delayed. The service con-
tract shall include, at a minimum, a schedule of all applicable
rates and charges, description of services, instructions on the use
of the system, billing and collection practices.
B. The service contract shall further contain a statement as
follows:
Grantee shall not, as to rates, charges, services facilities,
rules, regulations or in any other respect, make or grant any
preference or advantage to any person, nor subject any person
to any prejudice or disadvantage; provided, however, that noth-
ing in this franchise shall be deemed to prohibit the establish-
ment of special contracts or reduced rates for senior citizens
(sixty-five (65) years of age or older), or handicapped (as defined
by the State of Minnesota) heads of households or for installa-
Supp. No. 7 1925
Art. VI, § 2 AR,DEN HILLS CODE
tion rate reductions for ninety (90) days after cable service is
first offered in an area or for such other purposes offered to all
individuals similarly situated or to meet competition from other
providers of telecommunications services.
C. Grantee shall have authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its
business as shall be reasonably necessary to enable grantee to
exercise its rights and perform its obligations under this fran-
chise and to assure uninterrupted service to each and all of its
subscribers; provided, however, that such rules, regulations, terms
and conditions shall not be in conflict with the provisions of this
franchise, ordinances of city, and laws of the State of Minnesota
or the United States.
D. Each subscriber shall be provided with instructions on fi1-
ing complaints or otherwise obtaining information or assistance
from grantee.
E. All items described in this section shall be provided to each
new subscriber at the time a contract is entered into or service
begun, and to all existing subscribers not less than once each
year.
F. The term of a subscriber contract shall not be for more than
twelve (12) months duration. The contract may be terminated by
the subscriber at his option at any time, with no penalty to
subscriber.
Section 3. Subscriber Practices.
A. There shall be no charge for disconnection of any installa-
tion or outlet. If any subscriber fails to pay a properly due monthly
subscriber fee, or any other properly due fee or charge, grantee
may disconnect the subscriber's service outlet; provided, howev-
er, that such disconnection shall not be effected until after the
later of:
(i) Forty-five (45) days after the due date of said delinquent
fee or charge, or
(ii) Ten (10) days after delivery to subscriber of written notice
of the intent to disconnect.
3upp. No. 7 1926
APPENDIX B-CABLE FRANCHISE Art. VI, § 4
If a subscriber pays before expiration of the later of (i) or (ii),
grantee shall not disconnect. After disconnection, upon payment
in full of the delinquent fee or charge and the payment of a
reconnection charge, grantee shall promptly reinstate the sub-
scriber's cable service.
B. Refunds to subscribers shall be made or determined in the
following manner:
(1) If grantee fails, upon request by a subscriber, to provide
any service then being offered, grantee shall, within sixty
(60) days of subscriber request, refund all deposits or ad-
vance charges paid for the service in question by said
subscriber. This provision does not alter grantee's respon-
sibility to subscribers under any separate contractual agree-
ment or relieve grantee of any other liability.
(2) If any subscriber terminates any monthly service because
of failure of grantee to render the service in accordance
with franchise, grantee shall refund to such subscriber the
proportionate share of the charges paid by the subscriber
for the services not received. This provision does not re-
lieve grantee of liability established in other provisions of
this franchise.
C. If any subscriber terminates any monthly service prior to
the end of a prepaid period, a proportionate amount of any pre-
paid subscriber service fee, using the number of days as a basis,
shall be refunded to the subscriber by grantee.
D. Continued failure by grantee to provide services required
by this franchise may, in the discretion of city, be cause for
imposition of a penalty or termination of this franchise.
Section 4. Franchise Fee, Rates, Charges, Changes in Fees
and Procedures.
A. Rate change procedure:
(1) To the extent permitted by law, all increases in subscriber
rates and charges shall be charged by grantee in a manner
provided for herein. Grantee, as a condition precedent to
its acceptance of this franchise, hereby knowingly and vol-
Supp. No. 7 1927
Art. VI, § 4 ARDEN HILLS CODE
untarily consents to these prceedures for the term of this
franchise of all rates and charges.
(2) City hereby reserves the right to approve or adopt regula-
tions governing grantee's collection of advance charges
and deposits; installation and reconnection charges, poli-
cies and procedures; disconnection charges, policies and
procedures; and policies regarding and the availability of
refunds. Approval of city shall not be unreasonably with-
held or delayed.
(3) Cost for installing any part of the system will be a factor in
the rate only if sucli cost was incurred within the rate
territory.
(4) The territory for rates applicable to system shall be city
and all cixies which have granted a franchise to grantee
relative to the system delineated in the offering.
B. Franchise fee:
(1) Throughout the term of this franchise, grantee shall pay to
city, within sixty (60) days after the end of each fiscal year
of grantee, an annual franchise fee of five (5) per cent of all
gross revenues. No payment will be allowed of any fran-
chise fee that is different from five (5) per cent, other than
~ the filing fee and payment required of the successful appli-
cant as established by city to recover the costs of franchis-
' ing and any other additional payments which are required
by the terms of this franchise. Grantee agrees to support
any waiver required by the FCC for the established fran-
chise fee. The annual fee may be subject to renegotiation
, at such time as federal or state authorities no longer regu-
late the amount of the fee. If grantee and city do not agree.
in renegotiations, the franchise fee shall remain unchanged.
(2) Payment will be made to city with an itemization of the
gross revenues.
C. Rates and other charges:
(1) Rates and charges charged by grantee for monthly service
and installation and other charges hereunder shall be uni-
form, fair and reasonable and designed to meet all neces-
3upp. No. 7 1928
`
APPENDIX B-CABLE FRANCHISE Art. VI, $ 4
sary costs of service, including a fair rate of return on the
original cost, less depreciation, of the properties devoted to
such service (without regard to any subsequent sale or
trans€er price or cost of such properties).
(2) For one (1) year after completion of construction of five
hundred fort-y-one (541) miles of cable plant in the initial
service area, as certified in writing from grant,ee to the
North Suburban Cable Communications Commisaion II,
the maximum rates shall be the specified rates of ;grantee
as included in Exhibit A, attached hereto and made a part
of this Franch~se and known as grantee schedule Af rates.
(3) Service requesto for maintenance or repair of grantee's
property shall be performed at no charge to a subscriber. If
such maintenance or repair is required as a result af dam-
age caused by Subseriber, grantee may charge tp the sub-
scriber, as amaximum, its direct costs ~'or matQ~ial and
labor for service calls to subscriber's home.
(4) Grantee shall ;give city and ths North Snburban Cable
Communicatiqns Commission II written notice of rates for
new or additional services not initially included in offering
of grantee and therefore not listed in Exhibit A. Each new
or additional service rate shall be deemed approved unless
expressly disapproved by resolution of council of city ac-
cording to the terms of this franchise wii;hin ninety (90)
days after the notice has been given as provided in this
franchise.
D. Rate ehanges:
(1) No rate chaxlge shall be approved that wquld result in
different ratea ar charges for service to subscribers in the
I rate territ
,o;y receiving similar service, othex than those
specified in Airtiipls VI, Section 2.B.
(2) The standards for reviewing a proposed rats change will
include At lea~~ thp ~'pllowing:
(a) The ability of the grantee 'to render system services
and tQ derive 4 reasonable profit therefrom under the
existing r,ate sphedule and proposed rate schedule;
Supp. No.10
1929
Art, yI, y 4 ARDEN HII.LS CODE
(b) All revenues and profits or actual losses derived from
system;
(c) Tax benefits and tax costs received by grantee, its
partners or shareholders, as the result of their invest-
ment in the system;
(d) Cash flow generated by the system;
(e) The efficiency of grantee;
(fl The quality of the service offered by grantee;
(g) The original cost of the ten-city cable communications
system delineated in the offering, less depreciation,
except that grantee agrees and warrants that should
the actual cost of the ten-city cable communications
system delineated in the offering exceed grantee's es-
timate for construction of three hundred thirty-nine
and five-tenths (339.5) miles of aerial plant, eighty-
three (83) miles of underground subscriber plant, sixty-
six and four-tenths (66.4) miles of institutional plant,
grantee shall assume all of said excess costs and all of
aaid excess costs shall not be a consideration in any
subsequent request for a rate increase pursuant to
this franchise or any franchise granted to grantee rel-
ative to the cable communications system delineated
in the offering;
(h) A fair rate of return with respect to investments hav-
ing similar risks to that of providing cable communi-
cation services;
(i) The extent to which grantee has adhered to tlie terms
of this franchise;
(j) Fairness to residents and subscribers;
(k) Capital expenditures (actual and, if the situation so
warrants, projected) by grantee in providing updated
technology and service to subscribers;
(1) The extent to which grantee has then provided service
to schools, hospitals, libraries, publicly owned or leased
buildings and similar institutions within city;
(m) The extent to which grantee has technologically up-
graded the system;
(n) Increased or decreased expenses incurred by grantee
in the purchase of services;
3upp. No.10 1930
I
, APPENDIX B-CABLE FRANCHISE Art. VI, § 4
(o) Group W's financial goals and the methodology to ar-
rive at such goals;
(p) Group W's operating margin, both actual for preced-
ing years and projected operating margins; and
(q) Such other factors as city or grantee may deem relevant.
I (3) The procedures to be followed in changing a basic service
rate or charge shall include at least the following:
(a) Grantee shall give city and the North Suburban Cable
Communications Commission II written notice of any
I proposed rate increase at least ninety (90) days prior
to the proposed effective date of the rate increase.
Each rate increase shall be deemed approved unless
expressly disapproved by resolution of council of city
according to the terms of this franchise within ninety
(90) days after the notice has been received as pro-
vided in this franchise.
(b) The notice shall be supported by statistical and other
proof indicating that the existing rate or charge is
inadequate and unreasonable and that the proposed
increases are required to enable grantee to render
service to fulfill its obligations under this franchise
and to derive a reasonable profit therefrom.
(c) Upon written request of city or the North Suburban
Cable Communications Commission II, the notice shall
include current financial and other information with
at least the following:
1. Balance sheet;
2. Income statement;
' 3. Statement of sources and applications of funds;
I 4. Detailed supporting schedules of expenses, income,
assets and other items as may be required by city; I
5. Statement of current and projected subscribers;
6. A current list of rates and charges of grantee ap-
plicable to systems owned or operated by its par-
ent corporation or other subsidiaries or affiliates
of its parent corporation at other locations;
7. A current list of rates and charges for other sys-
tems in the seven-county metropolitan area;
Supp. No. 10 1931
Art. VI, $ 4 AR,DEN HILIS CODE
8. Cash flow derived from system services since the
commencement of this franchise;
9. Statement of tax benefits received by grantee, its
partners or ahareholders, as a result of their in-
vestment in system;
10. Statement of financial goals of Group W and meth-
odology utilized to arrive at such goals; and
11. Group W's operating margins for preceding years
' as well as projected margins.
(d) City shall notify grantee and board in writing and
may schedule a public hearing on the requested in-
crease in basic service rates within two (2) weeks from
the date of objection to the request. Grantee will notify
the public through providing notice for one (1) week,
each day between 7:00 p.m. and 9:00 p.m. on two (2)
lowest tier channels of the date, place and time of the
hearing. ff a public hearing is scheduled, city will
publish notice ten (10) days prior to hearing in its
official newspaper. City shall not unreasonably disap-
prove any rate increase.
(e) ff city fails to disapprove the change of rates or charges
within ninety (90) days after receipt of notice as re-
quired above the rate shall become effective upon the
date specified in the notice of grantee. Said effective
date shall be after the ninety-day period.
(f), City may utilize a rate consultant to advise it on pro-
posed rate changes and to assist it in maintaining
uniform rates within the rate territory. A rate consul-
tant may be any person who has sufficient background
and experience, in the sole opinion of city, properly to
evaluate and analyze rates and charges.
~ (g) All costs for the review of a request for a basic service
rate or charge change shall be paid by city from the
franchise fee.
(h) Any time limit may be waived only if city and grantee
consent.
(i) If city fails to approve the change of basic service
rates, grantee may appeal said determination to the
board.
Supp. No.10 1932
I
APPENDIX B-CABLE FR,ANCHISE
(4) The procedures to be followed in changing any rate or
charge other than basic service rate shall include the
following:.
(a) Grantee shall give city written notice of any rate in-
• crease at least ninety (90) days prior to the effective
date of the rate increase.
(b) In the event the percentage of the rate increase dces
not (in any respect) exceed the percentage of the in-
crease from the CPI for the Minneapolis/St. Paul
r.ietropolitan area in existence on the date of the certi-
fication of this franchise by the board, or specified in
the last rate increase notice of the grantee, (whichever
event is most recent), the noticed rate shall become
effective upon its noticed effective date. In the event
the CPI is substantially, .modified, in the opinion of
city and grantee, or is discontinued, tlne city and grantee
may select a mutually aeceptable successor index to
control the provisions of this subparagraph.
(c) Except as provided in Article VI, Section 4., D.(5xc), in
the event the percentage of the rate increases (in any ,
respect) exceeds the percentage of increases from the
CPI for the Minneapolis/St. Paul metropolitan area in
existence on the date of the certification of this fran-
chise by the board, or specified in the last rate in-
crease notice of the grantee, (whichever event is most
recent), the notice rate shall become effective upon its
noticed effective date but the notice shall also include
Supp. No.10
1932.1
APPENDIX B-CABLE FRANCHISE Art. VI, § 4
current financials and other information as specified
in Article VI, Section 4., D.(3xc)1. [through] 9.
(i) Upon review by city of the information provided
in the notice by grantee, city may schedule a pub-
lic hearing on the proposed rate increase within
two (2) weeks from the date of receipt of the no-
tice. Grantee will notify the public as specified in
Article VI, Section 4., D.(3xd). The city will pub-
lish notice ten (10) days prior to the hearing in its .
official newspaper.
(ii) After closing the public hearing, city will have
thirty-one (31) days within which to make any
determination regarding the noticed rate increase;
however, any proposed change in rates or charges
shall become effective upon the date specified in
the notice of grantee regardless of the determina-
tion of city.
(iii) The city may utilize a rate consultant to advise it
on proposed rate changes and to assist it in main-
taining uniform rates within the territory. A rate
~ consultant may be any person who has sufficient
background and experience, in the sole opinion of
city, to properly evaluate and analyze rates and
charges.
(iv) All costs for the review of a notice for rate or
charge change should be paid by City from the
Franchise fee.
' (5) In the event the law should provide for the regulation of
other than basic service rates by city, the procedure for the
change of other than basic service rates shall be as out-
lined above, except that subsequent to the public hearing,
should the city fail to approve the change of rates, either
cit r
y ograntee may initiate binding arbitration pursuant
to Minnesota Statutes except as delineated in the follow-
ing prceedures:
(a) The parties shall, within fifteen (15) days of city's
failure to approve the rate increase, appoint one arbi-
trator each who is experienced and knowledgeable in
the evaluation and analysis of cable rate and charge
3upp. No. 7 1933
Art. VI, § 4 ARDEN HILLS CODE
changes. Arbitrators shall each agree upon the selec-
tion of a third arbitrator similarly qualified, within
fifteen (15) days after appointment of the second
arbitrator.
(b) Within fifteen (15) days after appointment of all arbi-
trators and upon ten (10) days' written notice to par-
ties, the arbitrators shall commence a hearing on the
rate change proposed by grantee.
(c) The hearing shall be recorded and may be transcribed
at the request and expense of either party. All hearing
proceedings, debates and deliberations shall be open
to the public, city, and grantee and at such times and
places as contained in the notice or as thereafter pub-
licly stated in the order to adjourn.
(d) The arbitration panel shall be required to approve,
reject or modify the rate change proposed by grantee
according to the standards established in this franchise.
(e) At the close of the hearings and within thirty (30)
days, the arbitrators shall prepare written findings
and make a written decision agreed upon by a major-
ity of the arbitrators, which shall be served by mail
upon city and grantee.
(fl The decision of a majority of the arbitrators shall be
binding upon both parties, provided that either party
may pursue any judicial remedies otherwise available
to either party.
(g) Should the rate change be rejected or modified by a
majority of the arbitrators, the grantee shall, within
ninety (90) days and pursuant to prceedures established
by grantee, refund the rate overage to affected sub-
scribers.
(h) Either party may also seek judicial relief to the extent
authorized under Minnesota Statutes, Sections 572.09
and 572.19, as the same may be amended, and in
addition, under the following circumstances:
(i) A party fails to select an arbitrator;
(ii) The arbitrators fail to select a third arbitrator;
(iii) One or more arbitrator is unqualified;
(iv) Designated time limits have been exceeded;
Supp. No. 7 1934
~
APPENDIX B-FRANCHISES Art. VI, § 4
(v) The arbitrators have not proceeded expeditiously;
or
(vi) Based upon the record the arbitrators abuaed their
discretion.
(i) In the event a court of competent jurisdiction deter-
mines the arbitrators have abused their discretion, or
that the regulation of a given rate is beyond the au-
thority of city, it may order the arbitration procedure
repeated and isaue findings, orders and directions, with
costs of suit to be awarded to the prevailing party.
(j) Cost of arbitration shall be borne equally. Reasonable
attomeys' fees shall be borne by the party who retains
an attorney. (Ord. No. 233, § 6, 2-11-85)
e. Periodic reviei.vs, renegotiations and technological update of
system. The field of cable communications is a relatively new and
xapidly changing one which shall no doubt see many regulatory,
technical, financial, marketing and legal changes during the term
of the franchise. Therefore, in order to provide for a maximum
degree of flexibility in this franchise, and to help achieve a con-
tinued advanced and modern system, the following renegotiation
provisions will apply:
(1) City reserves the right to adopt rules and regulations con-
trolling the procedures and subjects for periodic reviews
and renegotiation. In the absence of any city action taken
to exercise these rights, grantee shall be subject to at least
the procedures and requirements described in this section.
(2) City may require, in its sole discretion, system perfor-
mance evaluation sessions at any time during the term of
this franchise or as required by federal or state Iaw. In
addition to these discretionary evaluation sessions, regular
evaluation sessions shall be conducted by city within thirty
(30) days of the third, fifth and eighth anniversary dates of
the date of acceptance of this franchise by grantee.
(3) All evaluation sessions shall be open to the public and i
notice of sessions published in the same way as a legal
notice. Grantee shall notify its subscribers of all evaluation
sessions by announcement on at least two channels of the
system between the hours of 7:00 p.m. and 9:00 p.m. for
five (5) consecutive days preceding each session.
Supp. No. 22 1935
Art. VI, § 4 ARDEN HILLS CODE
(4) Topics which may be discussed at any evaluation session
may include, but not be lunited to, service rate structures;
franchise fee; penalties; free or discaunted services; appli-
cation of new technologies; system performance; services
provided; programming offered; cuatomer complaints; pri-
vacy; amendments to this franchise; judicial, board and
FCC rulings; line exteflsion policies; and grantee or city
rules.
(5) During a review and evaluation by city, grantee shall fully
cooperate with city and shall provide without cost such
information and documents as city may request to reason-
ably perform the evaluation.
(6) If at any time during its review, city determines that rea-
sonable evidence exists of inadequate system performance,
it may require grantee to perform tests and analyses di-
rected towaxd such suspected inadequacies at the grantee's
own expense. Grantee shall fully cooperate with city in
performing such testing and shall prepare results and a
report, if requested, within thirty (30) days after notice.
The report prepared by grantee shall inelude at least:
(a) A description of the problem irl system performance
which precipitated the special tests.
(b) What system component was tested,
(c) The equipment used and procedures employed in
testing.
(d) The method, if any, by which such system performance
problem was resolved.
(e) Any other information pertinent to said tests and anal-
yses which may be required hy city, or determined
when the test is performed.
City may require that tests be supervised at grantee's ex-
pense by a consultant designated by city. The consultant
shall sign all records of special tests and forward to city
such records with a report }nterpreting the results of the
tests and recommending actions to be taken.
(7) Grantee shall exercise its best ef'forts to maintain a modern
state-of-the-art system whieh is comparable to other oper-
ating cable television systems similarly situated. As a re-
Supp. No. 22 1936
0 APPENDIX F3-FRANCHISES Art. VI, § 5
sult of the periodic review sassions, city may request grantee
to modify or to upgrade the system, or to provide additiona]
services, and authorize rate increases sufficient to insure
the economic feasibility of these changes. Grantee shall
implement such changes unless: (a) technology does not
permit the suggested changes; (b) the proposed changes
and rate increases taken in combination are not economi-
cally feasible; or (c) insufficient time has been allowed for
implementation. In the event of a disagreement between
city and grantee with respect to the items above, city may
retain a cable consultant to +advise and assist both parties
in continued negotiations with respect to the changea whiGh
city desires. Either party may initiate binding arbitration
pursuant to Minnesota Statutes and Article XI, Seotion 2
B, of this franchise. Gosts of arbitration shall be shared
equally by grantee and city, (prd. No. 233, § 6, 2-11-85;
Ord. No. 280, 4-29•91)
Section 5. Francluse Renewal.
A. Grantee may apply for renewal of this franchise at any time
prior to the expiration of this franchise on forms provided by city.
In any event, renegotiation shall commence at least twelve (12)
months before the expiration of the franchise term, unless the
city determines not to reissue the franchise to grantee or desires
to consider additional applicants for a franchise.
B. Grantee may be approved, and this franchise or modifica-
tion to it may be renewed, by city in accordan.ce with then ex-
isting rules of the FCC, the state, the city and all other applicable
laws, ordinances, rules or regulations.
C. Nothing in this franchise shall be construed to require re-
newal of this franchise.
D. City shall conduct an investigation and evaluation of the
grantee and the system and the renewal application. This inves-
tigation and evaluation shall be completed by city within six (6)
months after receipt of the application and determination by city
of its completeness:
E. Renewal of this franchise may be for any length of time, but
not more than fifteen (15) years, unless otherwise permitted by
Supp. No. 22 1937
Art. VIII, § 2 ARDEN HILLS CODE
federal or state law, and may be on a year-to-year basis in the sole
discretion of the city. (Ord. No. 280, 4-29-91)
ARTICLE VII. RESERVED
AKTICLE VIII. iNDEMNYI+ICATION, INSUftANCE,
LE'ITER OF CR.E1)IT AND BOND
Section 1. General.
A. All rights of city pursuant to indemnification, insurance,
letter of credit or bond, as provided for by this franchise, are in
addition to all other rights the city may have unrler this fran-
chise or any other ordinance, rule, regulation or law.
B. The exercise or failure to exercise by city of any rights
pursuant to any section of this franchise sha11 not affect in any
way the right of city to subaequently exercise any such rights or
any other right of city under this franchise or any other ordi-
nance, rule, regulation or law.
Section 2. Indemtufication and Insurance.
A. Grantee shall fully indemnify, defend and hold harmless,
city, its officers, boards, commissions, elected officials, agents
and employees against any and all costs; damage, expense, claims,
suits, actions, liability and judgments for damages, including but
not limited to, expenses for legal fees, whether suit be brought or
not, and disbursements and liabilities incurred by city related to
this franchise or the system in connection with:
(1) Damage to persons or property, in any way arising out of
or through the acts or omissions of grantee, their respec-
tive servants, officials, agents, or employees or to which
, grantee's negligence or that of their respective servants,
agents, officials or employees shall in any way contribute;
(2) Any claim for invasion of the right of privacy, for defama-
tion of any person, firm or corporation, or the violation or
Supp. No. 22
1938
f
APPENDIX B-CABLE FRANCHISE Art. VIII, § 3
infringement of any copyright, trademark, trade name,
service mark or patent, or of any other right of any person,
firm or corporation, except claims because of city's own
programming; or
(3) Grantee's failure to comply with the provisions of this
franchise, any federal, state or local law, ordinance or
regulation applicable to grantee or the system.
B. Grantee shall release, discharge, acquit, or absolve city in
connection with any and all claims which grantee may now or
hereafter have or claim to have against city, its servants, agents,
employees or officials, due to or arising out of damage to any of
grantee's property or equipment, including, without limitation,
resulting or consequential loss of income, injury to reputation, or
any other resulting or consequential damages of any kind, caused
by or resulting from acts or omissions of city or any of its ser-
vants, agents, employees or officials.
C. If suit be brought or threatened against city, either inde-
pendently or jointly with grantee, or with any person or munici-
pality, grantee, upon notice given by city, shall defend city at the
cost of grantee, and if final judgment is obtained against city,
either independently or jointly with grantee, or any other defen-
dants, grantee shall indemnify city and pay such judgment with
all costs and satisfy and discharge the same.
D. City reserves the right to cooperate with grantee and par-
ticipate in the defense of any litigation, either through interven-
tion or otherwise. Grantee shall pay, upon receipt of written
demand from city, all expenses incurred by city in defending
itself with regard to any matters in this section. These expenses
shall include, but not be limited to, attorney's fees, and the
reasonable value of services (as determined by city) rendered by
city or any employees, agents or representatives of city.
Section 3. Insurance.
A. Grantee shall maintain liability insurance covering its ob-
ligations of indemnification provided for in or as a result of the
exercise of this franchise covering both the city and grantee and
shall maintain said insurance during the entire term of this
franchise in the minimum amount of:
Supp. No. 7 1939
Art. VIII, § 3 ARDEN HILLS CODE
(1) $500,000 for property damage to any one person;
(2) $2,000,000 for property damage in any one act or cecurrence;
(3) $1,000,000 for personal injury to any one person; and
(4) $2,000,000 for personal injury in any one act or cecurrence.
B. Such insurance shall be with a company acceptable to city
and shall otherwise be in form and substance acceptable to city.
Such insurance policy, with written evidence of payment of re-
quired premiums, shall be filed and maintained with city during
the term of the franchise. The above minimum amounts shall be
changed from time to time by grantee as requested by city. Grantee
shall immediately give notice to city of any threatened or pend-
ing litigation affecting this insurance.
C. Neither the provisions of this section nor any damages re-
covered by city or any individual shall be construed to, or shall
limit the liability of grantee.
D. No recovery by city of any sum by reason of the letter of
credit or bond required in this franchise shall be any limitation
upon the liability of grantee to city under the terms of this section,
except that the sum so received by city from such letter of credit
or bond shall be deducted from a recovery by city under this
section, if for the same act or cecurrence.
E. All insurance policies maintained pursuant to this fran-
chise shall contain the following endorsement:
It is hereby understood and agreed that this insurance policy
may not be cancelled nor may a refusal to renew become effec-
tive until sixty (60) days after receipt by city, by registered
mail, of written notice of such intention to cancel or not to
renew.
Section 4. Letter of Credit.
A. At the time of acceptance of this franchise, grantee shall
deliver to city an irrevocable and unconditional letter of credit, in
form and substance acceptable to city, from a national or state
bank approved by city, in the amount of ten thousand dollars
($10,000.00).
Supp. No. 7 1940
L
APPENDIX B-FRANCHISES Art. VIII, § 4
B. The letter of credit shall provide that funds will be paid to
city, upon written demand of city, and in an amount solely de-
termined by city in payment for penalties charged pursuant to
this section, in payment for any monies owed by grantee pursu-
ant to its obligations under this franchise, or in payment for any
damage incurred as a result of any acts or omissions by grantee
pursuant to this franchise.
C. In addition to recovery of any monies owed by grantee to
city or damages to city as a result of any acts or omissions by
grantee pursuant to the franchise, city, in its sole discretion, may
charge to and collect from the letter of credit the following penalties:
(1) For failure to complete system construction in accordance
with grantee's initial service area plan, unless city ap-
proved the delay, the penalty shall be five hundred dollars
I ($500.00) per day for each day, or part thereof, such failure
occurs or continues.
(2) For failure to provide data, documents, reports or informa-
tion or to cooperate with city during an application process
or system review, the penalty shall be one hundred dollars
($100.00) per day for each day, or part thereof, such failure
ceeurs or continues.
(3) For failure to comply with any of the provisions of this
franchise for which a penalty is not otherwise specifically
provided pursuant to this paragraph C, the penalty shall
be one hundred dollars ($100.00) per day for each day, or
part thereof, such failure occurs or continues.
(4) For failure to test, analyze and report on the performance
of the system following a request by city, the penalty shall
be one hundred dollars ($100.00) per day for each day, or
part thereof, such failure occurs or continues.
(5) For failure by grantee to modify the system or to provide
additional services within forty-five (45) days after required
by binding arbitration, the penalty shall be five hundred
dollars ($500.00) per day for each day, or part thereof, such
failure cecurs or continues.
(6) Forty-five (45) days following notice from city of a failure
of grantee to comply with construction, operation or main-
Supp. No. 22 1941
Art. VIII, § 4 ARDEN HILLS CODE
tenance standards, the penalty shall be f'ive hundred dol-
lars ($500.00) per day for each day, or part thereof, such
failure occurs or continues.
(7) For failure to provide the services grantee has proposed,
inclucling but not limited to the implementation and the
utilization of the access channels and compliance with the
resolution transferring community programming responsi-
bilities from Group W Cable of the North Suburbs, Inc.
d/b/a Cable TV North Central and Amendment Agreement
No. 2, the penalty shall be five huridred dollars ($500.00)
per day for each day, or part thereof, such failure occurs or
continues.
(8) Each violation of any provision of this franchise shall be
considered a separate violation for which a separate pen-
alty can be imposed.
D. Exclusive of the contractual penalties set out above in this
section, a violation of any provision of this franchise is a
misdemeanor.
E. Whenever city finds that grantee has violated one or more
terms, conditions or provisions of this franchise, a written notice
shall be given to grantee informing it of such violation. At any
time after f"ifteen (15) days following local receipt of notice, pro-
vided grantee remains in violation of one or more terms, condi-
tions or provisions of this franchise, in the sole opinion of city,
city may draw from the letter of credit all penalties and other
monies due city.
F. Whenever a penalty has been assessed, grantee may, within
thirty (30) days of local receipt of notice, notify city that there is a
dispute as to whether a violation or failure has, in fact, occurred.
Such notice by grantee to city shall specify with particularity the
matters disputed by grantee.
(1) City shall hear grantee's dispute at the next regularly
scheduled council meeting. City shall supplement the
council decision with written f"indings of fact.
- -
(2) Upon determination by city that no violation has taken
place, city shall refund to grantee without interest all
monies drawn from the letter of credit by reason of the
alleged violation.
Supp. No. 22 1942
APPENDIX B-FRANCHISES Art. VIII, § 5
G. If said letter of credit or any subsequent letter of credit
delivered pursuant hereto expires prior to fifteen (15) months
after the expiration of the term of this franchise, it shall be
renewed or replaced d.uring the term of this franchise to provide
that it will not expire earlier than fifteen (15) months after the
expiration of this franchise. The renewed or replaced letter of
credit shall be on. the same form and with a bank authorized
herein and for the full amount stated in paragraph A of this
section. Failure to renew or replace the letter of credit shall be
grounds for termination of this franchise.
H. If city draws upon the letter of credit or any subsequent
' letter of credit delivered pursuant hereto, in whole or in part,
grantee shall replace the same within fifteen (15) days and shall
deliver to city a like replacement letter of credit for the full
amount stated in paragraph A of this section as a substitution of
the previous letter of credit.
I. If any letter of credit is not so replaced, city may draw on
said letter of credit for the whole amount thereof and hold the
proceeds, without interest, and use the proceeds to pay costs
incurred by city in performing and paying for any or all of the
obligations, duties and responsibilities of grantee under this fran-
chise that are not performed or paid for by grantee pursuant
hereto, including attorneys' fees incurred by the city in so per-
forming and paying. The failure to replace any letter of credit
a ls deemed a default b
m y ao, at the option of the city, be y grantee
, under this franchise. The drawing on the letter of credit by city,
and use of the money so obtained for payment or performance of
the obligations, duties and responsibilities of grantee which are
in default, shall not be a waiver or release of such default.
J. The collection by city of any damages, monies or penalties
from the letter of credit shall not affect any other right or remedy
available to city, nor shall any act, or failure to act, by city pur-
suant to the letter of credit, be deemed a waiver of any right of
city pursuant to this franchise or otherwise. (Ord. No. 280, 4-29-91)
Section b. Bonds.
, A. At the commencement of this franchise, and at all times
thereafter until grantee has liquidated all of it obligations with
Supp. No. 22
1943
Art. VIII, § 5 ARDEN HILLS CODE
city, grantee shall maintain with city a bond in the total sum of
fifty thousand dollars ($50,000.00), which shall be replenishable
and increased to two hundred fifty thousand dollars ($250,000.00)
in the sole discretion of city, in such form and with such sureties
as shall be acceptable to city, conditioned upon the faithful per-
formance by grantee of this franchise and the acceptance hereof
given by grantee, and upon the further condition that in the event
grantee shall fail to comply with any law, ordinance or regula-
tion, there shall be recoverable jointly and severally from the
principal and surety of the bond, any damages or losses suffered
by city as a result, including the full amount of any compensa-
tion, indemnification or cost of removal of any property of grantee,
including a reasonable allowance for attorneys' fees and costs
(with interest at two (2) per cent in excess of the then prime rate),
up to the full amount of the bond, and which bond shall further
guarantee payment by grantee of all claims and liens against city
or any public property, and taxes due to city, which arise by
reason of the construction, operation, maintenance or use of the
system.
B. The rights reserved by city with respect to the bond are in
addition to all other rights the city may have under this franchise
or any other law.
C. City may, in its sole discretion, reduce the amount of the
bond. (Ord. No. 280, 4-29-91)
ARTICLE IX. DEFAULT
Section 1. Notice and Default.
A. City shall give written notice of default to grantee if city, in
its sole discretion, determines that grantee has:
(1) Violated an,y material provision of this franchise or the
acceptance hereof, or any rule, order, regulation or deter-
mination of the city, state or federal government, not in
conflict with this franchise;
(2) Attempted to evade any provision of this franchise or the
acceptance hereof; '
(3) Practiced any fraud or deceit upon city or subscribers;
Supp. No. 22
1944
APPENDIX B-FRANCHISES Art. IX, § 1
(4) Made a material misrepresentation of fact in the applica-
tion for or negotiation of the franchise; or
(5) Incurred a six-month or more delay in the consiruction
schedul.e.
B. If grantee fails to cure such default within thirty (30) days
after the giving of such notice (or if such default is of such a
character as to require more than thirty (30) days within which
to cure the same, and grantee fails to commence to cure the same,
within said thirty-day period and thereafter fails to use reason-
able diligence, in city's sole opinion, to cure such default as soon
as possible), then and in any event, such default shall be a sub-
stantial breach of this franchise and city, at its option, may elect
to either cure the default or terminate and cancel this franchise
and all rights and privileges of this franchise as follows:
(1) City may cure any default and all sums expended by city,
including attorney's fees incurred in curing snch default,
whether suit be brought or not, with interest thereon at a
rate per annum of two (2) per cent in excess of the then
prime rate, shall be paid by grantee to city, upon demand,
and failure to so pay upon demand likewise may be deemed
by city to be a default under this franchise.
(2) City may place the issue of revocation and termination of
the franchise before the council at a regular or special
meeting of the city council. If city decides there is cause or
reason to terminate, the following procedure shall be followed:
(a) City shall provide grantee with a written notice of
city's intention to terminate the franchise and the
reason or cause for proposed termination. City shall
allow grantee a minimum of thirty (30) days subse-
quent to receipt of the notice in which to correct the
i default.
(b) Grantee shall be provided with an opportunity to be.
heard at a public hearing prior to any decision tQ
terminate this franchise.
(c) In the event that city determines to terminate this
franchise, the grantee shall have a period of thirty (30)
days, beginning the day next following written notice
to grantee of such decision, within which to file an
Supp. No. 22 1945
I _
Art. IX, § 1 ARDEN HILLS CODE
appeal with the board, pursuant to the then applicable
statutes and procedures of the board. Any such appeal
to the board shall be a contested case to which the
board shall not be a party. During such thirty-day pe-
riod and until the board determines the appeal, if an
appeal is taken, the franchise shall remain in full force
and effect, unless the term thereof sooner expires.
Grantee shall pay all costs of any unsuccessful appeal,
including reasonable attorneys' fees incurred by city.
(Ord. No. 280, 4-29-91)
Section 2. Cross Default.
A. If grantee should be in default under any of the terms or
provisions of a franchise, or acceptance thereof, of another city,
which was a party to a Joint Powers Agreement on April 1, 1982,
at city's option, to be exercised by notice to grantee given at any
time which such default exists, such default may be deemed by
city a default by grantee under this franchise.
B. This section, or any other section or provision of this fran-
chise, shall not be deemed to incorporate into this franchise by
reference any other franchises.
ARTICLE X. FORECLOSUR,E, RECEIVERSHIP
AND ABANDONMENT
Section 1. Foreclosure.
Upon the foreclosure or other judicial sale of all or a part of the
system, grantee shall notify city of such fact and such notifica-
tion shall be treated as a notification that a change in control of
grantee has taken place, and the provisions of this franchise
governing the consent to transfer or change in ownership cecurred.
Supp. No. 22 1946
APPENDIX B-CABLE FRANCHISE Art. XI, § 1
Section 2. Receiverslup.
City shall have the right to cancel this franchise one hundred
twenty (120) days after the appointment of a receiver or trustee
to take over and conduct the business of grantee, whether in
receivership, reorganization, bankruptcy or other action or pro-
ceeding, unless such receivership or truateeship shall have been
vacated prior to the expiration of said one hundred twenty (120)
days, or unless:
(a) Within one hundred twenty (120) days after his election or
appointment, such receiver or trustee shall have fully com-
plied with all the provisions of this franchise and remedied
all defaults hereunder; and
(b) Such receiver or trustee, within said one hundred twenty
(120) days, shall have executed an agreement with city
duly approved by the court having jurisdiction in the prem-
ises, whereby such receiver or trustee assumes and agrees
to be bound by each and every provision of this franchise.
Section 3. Annendment.
Grantee may not abandon any portion of the system without
having given not less than three (3) months prior notice to city
and board. Further, grantee may not abandon any portion of the
system without compensating city for damages resulting from
the abandonment. The amount of damages resulting from aban-
donment and due city shall be determined in the sole discretion
of city. An abandonment of any portion of the system as deter-
mined in the sole discretion of city shall be a cause for termina-
tion of this franchise by city.
ARTICLE XI. PURCHASE OF SYSTEM
Section 1. General.
A. ff at any time grantee offers the system for sale, city shall
have the right to purchase the system. If at any time grantee
receives a bona fide purchase offer for the system which grantee
is willing to accept, a complete copy of such offer shall promptly
3upp. No. 7 1947
4D
Art. XI, § 1 ARDEN HILLS CODE
be given to city and city shall have the right to purchase the
system according to the terms of that offer. City shall exercise
such right by submitting to grantee, within sixty (60) days after
city's actual receipt of the bona fide offer, notice that city desires
to purchase the system pursuant to said offer. If city does not
exercise such right, the system may be sold, but only on the
terms submitted to city. ff any changes are made in the purchase
offer given to city, such purchase offer, as so changed, shall again
be given to city and city shall have sixty (60) days from actual
receipt by city of the offer, as changed, within which to exercise
its right to purchase the system pursuant to the offer, as changed,
all as above provided. If city dces not exercise its right to, pur-
chase the system pursuant to any offer given to city pursuant to
this paragraph, and the system is not sold to the buyer and on the
terms set out in the offer given to city, then the right of city to
purchase the system shall continue, and all subsequent purchase
offers shall be given to city pursuant to this paragraph. Also, the
city's right to purchase pursuant to this paragraph shall survive
every sale to a buyer and shall continue to be binding upon every
buyer of the system.
B. Upon forfeiture, revceation or termination of thia franchise,
or at the normal expiration of the franchise term, city shall have
the right to purchase the system. Such right shall be exercised
upon written notice to grantee within six (6) months after the
occurrence of any such event.
Section 2. Procedures.
In the event city elects to exercise its right to purchase the
' system as provided in Section 1.B. of this Article, the following
shall then apply:
A. City and grantee shall negotiate all terms and conditions
of the purchase of the system.
B. ff city and grantee cannot agree upon the terms and condi-
' tions of the purchase, city shall have the right to proceed
to arbitration. Arbitration shall commence and proceed
according to applicable Minnesota law except as follows:
(1) The parties shall, within fifteen (15) days of city's
decision to proceed to arbitration, appoint one arbitra-
Snpp. Na 7 1948
L
APPENDIX B-CABLE FR.ANCHISE Art. XI, § 2
tor each who is experienced and knowledgeable in the
purchase and valuation of business property. Arbitra-
tors shall each agree upon the selection of a third
arbitrator, similarly qualified, within fifteen (15) days
after appointment of the second arbitrator.
(2) Within thirty (30) days after appointment of all arbi-
trators, and upon ten (10) days' written notice to par-
ties, the arbitrators shall commence a hearing on the
terms and conditions of the purchase in dispute.
(3) The hearing shall be recorded and may be transcribed
at the request and expense of either party. All hearing
proceedings, debates and deliberations shall be open
to the public and at such times and places as con-
tained in the notice or as thereafter publicly stated in
the order to adjourn.
(4) The arbitration panel shall be required to determine
the purchase price of the system according to the stand-
ards established in paragraph C below.
(5) At the close of the hearings and within thirty (30)
days, the arbitrators shall prepare written findings
and make a written decision agreed upon by a major-
ity of the arbitrators, which shall be served by mail
upon city and grantee.
(6) The decision of a majority of the arbitrators shall be
binding upon both parties except that city may, in its
sole discretion and without any penalty or cost to city
of any kind, withdraw its offer to purchase within
ninety (90) days of receipt of the final decision of a
majority of the arbitrators.
(7) Either party may seek judicial relief to the extent
authorized under Minnesota Statutes, Sections 572.09
and 572.19, as the same may be amended, and in
addition, under the following circumstances:
(a) A party fails to select an arbitrator;
(b) The arbitrators fail to select a third arbitrator;
(c) One or more arbitrator is unqualified;
(d) Designated time limits have been exceeded;
(e) The arbitrators have not proceeded expeditiously;
or
Supp. No. 7 1949
Art. XI, § 2 ARDEN HILLS CODE
(f) Based upon the record the arbitrators abused their
discretion.
(8) In the event a court of competent jurisdiction deter-
mines the arbitratora have abused their discretion, it
may order the arbitration prceedure repeated and issue
findings, orders and directions, with costs of suit to be
awarded to the prevailing party.
(9) Cost of arbitration shall be borne equally. Reasonable
attorneys' fees shall be borne by the party who retains
an attorney.
C. In the event of forfeiture, revocation or termination, the
purchase price of the system shall be the fair market value
of material and equipment in place. Good will shall not be
included in the purchase price of the system.
D. In the event city is purchasing upon normal expiration of
the franchise, the purchase price shall be the value of an
ongoing business.
E. Grantee expressly waives its rights, if any, to relocation
coats that might otherwise be provided by law.
F. The date of valuation shall be the date city makes a writ-
ten offer for the system.
ARTICLE XII. MISCELLANEOUS
Section 1. Transfer of Ownership or Control.
A. This franchise shall not be assigned or transferred, either
in whole or in part, or leased, sublet or mortgaged in any man-
ner, nor shall title thereto, either legal or equitable or any right,
interest or property therein, pass to or vest in any person without
the prior written consent of city, which consent shall not be
unreasonably withheld. Further, grantee shall not sell or trans-
fer any stock or ownership interest so as to create a new control-
ling interest except with the consent of city, which consent shall
not be unreasonably withheld. The transfers described in this
paragraph shall, in the sole discretion of city, be considered a sale
or transfer of franchise within the meaning and intent in the
following paragraph.
Supp' NO' 7 1950
~ APPENDIX B-CABLE FRANCHISE Art. XII, § 1
, B. Any sale or transfer of franchise, including a sale or trans-
fer by means of a fundamental corporate change, requires the
written approval of city. Any sale or transfer of franchise shall be
subject to the provisions of board rules prohibiting certain own-
ership. The parties to the sale or transfer of franchise shall make
a written request to city for its consent. City shall reply in writ-
ing within thirty (30) days of actual receipt of the request and
shall indicate its approval of the request for its determination
that a public hearing is necessary. City shall conduct a public
hearing on the request within thirty (30) days of such determina-
tion if it determines that a sale or transfer of franchise may
adversely affect the grantee's subscribers.
C. Unless otherwise already provided for by local law, notice of
. any such hearing shall be given fourteen (14) days prior to the
hearing by publishing notice thereof once in a newspaper of
general circulation in the city. The notice shall contain the date,
time and place of the hearing and shall briefly state the sub-
stance of the action to be considered by city.
D. Within thirty (30) days after the public hearing, city shall
approve or deny in writing the sale or transfer request.
E. Any sale or transfer of franchise, including a sale or trans-
fer by means of a fundamental corporate change, requires notifi-
cation to the board by city. The notification shall be accompanied
by the written certification of the transferee that it meets all of
the requirements established by city for original grantee, includ-
ing but not limited to technical ability and financial stability.
City shall cause to be sent to the board, at grantee's expense, a
copy of all public documents related to sale or transfer of the
franchise.
F. The parties to the sale or transfer of only this franchise,
without the inclusion of the system in which at least substantial
construction has commenced, shall be required to establish, to
the sole satisfaction of city, that the sale or transfer of only this
franchise is in the public interest.
G. For purposes of this section, a fundamental corporate change
means any sale or transfer of the stock of a corporation which
results in a change of controlling interest or the sale or transfer
3upp. No. 7 1951
Art. XII, § 1 ARDEN HILLS CODE
of all or a majority of a corporation's assets, merger (including a
I parent and its subsidiary corporation), consolidation or creation
of a subsidiary corporation.
H. The word "control," or the phrase "controlling interest," as
used herein, is not limited to major stcekholders, but includes
actual working control in whatever manner exercised. As a min-
imum, "control," as used herein, means a legal or beneficial
interest (even though actual working control does not exist) .of at
least five (5) per cent. Every change, transfer or acquisition of
control of grantee shall make the franchise subject to cancella-
tion unless and until city shall have consented in writing thereto,
which consent shall not be unreasonably withheld. For the pur-
pose of determining whether it shall consent to such change,
transfer or acquisition of control, city may inquire into the quali- '
fications of the prospective controlling party, and grantee shall
assist city in any such inquiry and pay all costs incurred by city
in so inquiring, including city staff time at a value determined by
city.
1. In the absence of extraordinary circumstances, city will not
approve any transfer or assignment of the franchise prior to
substantial completion of construction of the system, as deter-
mined solely by city.
J. In no event shall a transfer or assignment of ownership or
control be approved without transferee becoming a signatory to
this franchise.
K. Any transferee shall be subordinate to any right, title or
interest of city.
Section 2. Removal After Termination or Revocation.
A. At the expiration of the term for which this franchise is
granted, or upon its revocation or termination, as provided for
herein, city shall have the right to require grantee to remove, at
grantee's expense, all or any portion of the system from all streets,
public or private property within city. In so removing the system,
grantee shall refill and compact, at its own expense, any excava-
tion that shall be made by it and shall leave all streets, public
and private property in as good a condition as that prevailing
8upp. No. 7 1952
~
APPENDIX B-CABLE FRANCHISE Art. XII, § 3
prior to grantee's removal of the system, and without affecting,
altering or disturbing in any way electric, telephone or other
utility cables, wires or attachments. City shall have the right to
inspect and approve the condition of such streets, public and
private property after removal. The letter of credit, bonds, insur-
ance, indemnity and penalty provisions of this franchise shall
remain in full force and effect during the entire term of removal.
B. If, in the sole discretion of city, grantee has failed to com-
mence removal of system, or such part thereof as was designated
by city, within thirty (30) days after written notice of city's de-
mand for removal is given, or if grantee has failed to complete
such removal within one (1) year after written notice of city's
demand for removal is given, city shall have the right to exercise
one of the following options:
(1) Declare all right title and interest to the system to be in
city with all rights of ownership including, but not limited
to, the right to operate the system or transfer the system to
another for operation by it. Insurance, letter of credit or
performance bond proceeds may be used to remove any
encumbrance on system.
(2) Declare the system abandoned and cause the system, or
such part thereof as city shall designate, to be removed at
no cost to city. The cost of said removal shall be recovera-
ble from the letter of credit, bonds, insurance, indemnifica-
tion and penalties provided for in this franchise, or from
grantee directly as a liquidated damage.
C. Any portion of the system not designated by city far re-
moval shall belong to and become the property of city without
payment to grantee, and grantee shall execute and deliver such
dceuments, as city shall request, in form and substance accept-
able to city, to evidence such ownership by city.
Section 3. Work Performed by Others.
A. Grantee shall give notice to city specifying the names and
addresses of any other entity, other than grantee, which performs
services pursuant to this franchise; provided, however, that all
provisions of this franchise remain the responsibility of grantee.
3upp. No. 7 1953
Art. XII, § 3 ARDEN HILLS CODE
B. All provisions of this franchise shall apply to any subcon-
tractor or others performing any work or services pursuant to the
' provisions of this franchise.
Section 4. General Provision on Rights and Remedies.
A. All rights and remedies given to city by this franchise shall
be in addition to and cumulative with any and all other rights or
remedies, existing or implied, now or hereafter available to city
at law or in equity, and such rights and remedies shall not be
exclusive, but each and every right and remedy specifically given
by this franchise or otherwise existing or given may be exercised
frorn time to time and as often and in such order as may be
deemed expedient by city, and the exercise of one or more rights
or remedies shall not be deemed a waiver of the right to exercise
at the same time or thereafter any other right or remedy. No
delay or omission of city in the exercise of any right or remedy
shall impair any such right or remedy, nor shall any such delay
or omission be construed to
be a waiver of or acquiescence to any
default. The exercise of any such right or remedy by city shall not
i release grantee from its obligations, or any liability, under this
franchise.
B. In addition to all other remedies granted or available to
city, city shall be entitled to the restraint by injunction of the
violation, or attempted or threatened violation, by grantee of any
terms or provisions of this franchise, or to a decree compelling
performance by grantee of any term or provision of this franchise.
Section 5. Applicable Laws and Court Decisions; Severability.
A. This franchise shall at all times be in compliance with the
rules of the board.
B. Grantee and city shall, at all times, comply with all laws,
ordinances and regulations of federal, state and city government
relating to the system and this franchise, as they become effective.
C. If any law, ordinance or regulation shall require or permit
grantee to perform any service, or shall prohibit grantee from
performing any service which may be in conflict with the terms
of this franchise, then as soon as possible following knowledge
3upp. No. 7
1954
~
APPENDIX B-CABLE FRANCHISE Art. XII, § 6
thereof, grantee shall notify city of the point of conflict believed
to exist between such law, ordinance or regulation and this franchise.
D. If city determines that any provision of this franchise is
affected by such law, ordinance or regulation, city shall have the
right to amend, modify, alter or repeal any of the provisions of
this franchise to such reasonable extent as may be necessary to
carry out the intent and purpose of this franchise, and grantee
hereby agrees to such amendment, modification, alteration or
repeal of this franchise.
E. To the extent any provision of the offering is not specifically
set out in this franchise or not validly incorporated herein by
reference, city from time to time may amend this franchise to
include such provision effective as of the date of commencement
of the franchise term, or any such rule effective as of the date of
commencement of the franchise term or adoption of the rule,
which is later. Grantee, by acceptance of this franchise, consents
to and agrees to be bound by any such amendments.
F. If any term, condition or provision of this franchise or the
application thereof to any person or circumstance shall, to any
extent, be held to be invalid or unenforceable, the remainder
hereof and the application of such term, condition and provision
to persons and circumstances other than those as to whom it
shall be held invalid or unenforceable shall not be affected there-
by, and this franchise and all the terms, provisions and condi-
tions hereof shall, in all other respects, continue to be effective
and to be complied with, subject to the rights of city as delineated
in paragraph D of this section.
Section 6. Grantee Aclnowledgment of Validity of R-anchise.
Grantee acknowledges that it has had an opportunity to review
the terms and conditions of this franchise and that under current
law grantee believes that said terms and conditions are not un-
reasonable or arbitrary, and that grantee believes the city has
the power to make the terms and conditions contained in this
franchise.
, Supp. No. 7 1955
t--
I
Art. XIII, § 1 AR.DEN HILLS CODE
ARTICLE XIII. ADMIlVISTRATION AND ADVISORY BODY
Section 1. Administrator.
~ The city clerk-administrator, or such other person or persons as
designated by the city, shall be responsible for the continuing
administration of this franchise. The administrator may be changed
by city from time to time by written notice given to grantee.
Section 2. Advisory Body.
City may appoint an advisory body to monitor the performance
of grantee in executing the provisions of this franchise. The advi-
sory body shall perform all functions required of it by the council
and applicable laws, ordinances, rules and regulations.
Section 3. Delegation of Authority by City.
A. City reserves the right to delegate and redelegate from
time to time any of its rights or obligations under this franchise
to any body or organization.
B. Any delegation by city shall be effective upon written no-
tice by city to grantee of such delegation.
C. Upon receipt of notice by grantee of city's delegation, grantee
shall be bound by all terms and conditions of this delegation not
in conflict with this franchise.
D. Any such delegation, revocation or redelegation, no matter
how often made, shall not be deemed an amendment to this
franchise or require any consent of grantee.
AftTICLE XIV. JOINT SYSTEM; ACCEPTANCE;
INCORPORATION OF OFFERING; EXHIBITS;
PUBLICATION
Section 1. Other Fi-anchises,
A. The system intended for city may be part of a joint system
that serves the cities of Arden Hills, Falcon Heights, Lauderdale,
Little Canada, Mounds View, New Brighton, North Oaks, Rose-
ville, St. Anthony and Shoreview, Minnesota.
$upp. No. 7 1956
APPENDIX B-FRANCHISES Art. XIV, § 2
B. Grantee will, in good faith, apply for and accept, if offered
to it, a franchise (similar franchise) from each of the other cities
on all the same terms and conditions herein provided, except
provisions omitted a.s inapplicable.
C. Notwithstanding any other provision of this franchise, if
less than all of the other of said cities offer a similar franchise to
grantee, which is accepted by grantee, grantee or city may cancel
this franchise and all of their obligations hereunder by written
notice given to the other not later than thirty (30) days after all
the other of said cities shall have formally acted upon their
i respective franchise ordinances; provided, that if grantee elects
to cancel this franchise pursuant hereto, it must also cancel
all other franchises granted to it by the other of said cities
effective simultaneously herewith.
Section 2. Time of Acceptance; Guarantee; Incorporation
of Offering; Exhibits.
A. Grantee shall have thirty (30) days from the date of adop-
tion of a similar franchise by all of the cities listed in Section 1.A.
of this article, to accept this franchise in form and substance
acceptable to city. However, in no event will acceptance cecur
later than ninety (90) days after the effective date of this fran-
chise, unless the time for acceptance is extended by city. Such
acceptance by grantee shall be deemed the grant of this franchise
for all purposes.
B. Upon acceptance of this franchise, grantee shall be bound
by all the terms and conditions contained herein. Grantee shall
provide all services and offerings specifically set forth in the
offering to provide cable communication service within city and
other cities included in or a part of a joint system; and, by its
acceptance of this franchise, grantee specifically agrees that the
offering of grantee, including all promises, offers, representations
and inducements contained therein, is specifically incorporated
by reference and made part of this franchise. The failure to refer
to the offering in any specific provisions of this franchise shall
not be a limitation on the obligation of grantee to comply fully
with the offering. Grantee further acknowledges that all prom-
ises, offers, representations and inducements contained in the
offering of grantee were freely and voluntarily made to city by
grantee.
Supp. No. 22
1957
Art. XIV, § 2 AR,DEN HILLS CODE
C. The offering shall be permanently kept and filed in the of-
fice of the city clerk-administrator, and the originals or reproduc-
tions thereof shall be available for inspection by the public during
normal business hours.
D. In the event of conflicts or discrepancies between any part
of the offering and the provisions of this franchise or between any
part of the summary made by grantee and the offering, those
provisions which provide the greatest benefit to city, in the opin-
ion of the council, shall prevail.
E. Grantee shall have continuing responsibility for this fran-
chise, and if grantee be a subsidiary or wholly owned corporate
entity of a parent corporation, performance of this franchise shall
be secured by guarantees of the parent corporation in form and
substance acceptabie to city, which shall be delivered at time of,
and as part of, acceptance of this franchise.
F. With its acceptance, grantee also shall deliver to city an
opinion from its legal counsel, acceptable to city, stating that this
franchise has been duly accepted by grantee, that the guarantees
have been duly executed and delivered, that this franchise and
the guarantees are enforceable against grantee and the guaran-
tors in accordance with their respective terms, and which o.pinion
shall otherwise be in form and substance acceptable to city.
G. With its acceptance, grantee also shall deliver to city true
and correct copies of documents creating grantee and evidencing
the power and authority referred to in the opinion of grantee's
counsel, certified as of a then current date by public office holders
to the extent possible and otherwise by an officer of grantee.
H. Each exhibit is part of this franch;se, and each is specifi-
cally incorporated herein by reference. The exhibits are as follows:
Exhibit A-Grantee Schedule of R.ates.
Exhibit B-Form G, Page 2 of 20.
Exhibit C-Offering of Grantee.
Exhibit D-Group W(Teleprompter) letter to the North Sub-
urban Cable Commission dated April 1, 1982.
(Ord. No. 280, 4-29-91)
Editor's note-The exhibits referred to in subsection H above have been omit-
ted from thia publication at the request of the city; however, same are on file and
available for reference in the office of the clerk-administrator.
Supp. No. 22
1958
I
I
APPENDIX B-FRANCHISES Art. XIV, § 2
Passed and adopted this 23rd day of September, 1982.
ATTEST: CITY OF AR,DEN HILLS
By: Charlotte McNiesh By: Robert Woodburn
Clerk-Administrator Mayor
This franchise is accepted, and we agree to be bound by all its
terms and conditions.
GROUP W CABLE OF THE
NORTH SUBURBS, INC.
DATED: By
Its
By
Its
GAS DISTRIBUTION SYSTEM FRANCHISE*
ORDINANCE NO. 262
AN ORDINANCE GRANTING TO NORTHERN STATES
POWER COMPANY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS PERMISSION TO ERECT A
GAS DISTRIBUTION SYSTEM FOR THE PUR,POSE OF
INSTALLING, ENLARGING, OPERATING, REPAIRING
AND MAINTAINING IN THE CITY OF AR,DEN HILLS,
MINNESOTA, THE NECESSAR,Y GAS PIPES, MAINS AND
APPURTENANCES FOR THE TR.ANSMISSION OR DIS-
TRIBUTION OF GAS TO SAID CITY AND ITS INHABI-
TANTS AND OTHERS AND TRANSMITTING GAS INTO
AND THROUGH SAID CITY AND TO USE THE PUBLIC
WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH
PUR,POSE.
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS,
R.AMSEY COUNTY, MINNESOTA, DOES ORDAIN.•
*Editor's note-Nonamendatory Ord. No. 262, 1-11, adopted Sept. 25,
1989, has been codified in its entirety (with nonsubstantive changes made) by the ~
editor as part of App. B. The presence of a history note in parenthesis following a
particulaz section indicates an amendment thereto.
Cross references-Cxas permit, § 6-60(b); utilities, Ch. 28.
Supp. No. 22 1959
§ i ARI7EN HILLS CODE
Sec. 1. Definitione.
Subd. 1. In this ordinance, city means the City of Arden Hills,
County of Ramsey, State of Minnesata.
Subd 2. City utility system refers to the facilities used for
providing any public utility service Owned or operated by the city
or agency thereof, including sewer wrid Water service.
Subd 3. Company means the NorEhern States Power Compa-
ny, a Minnesota corporation, its succesgors and assigns.
Subd 4. Gas as used herein shall be held to include natural
gas, manufactured gas, or other form of gaseous energy.
Supp. No. 22 1960 i
I APPENDIX B-FRANCHISES § 3
~ Subd 5. Notice means a writing served by any party or par-
ties on any other party or parties. Notice to the company shall be
mailed to the Vice President, Gas Utility thereof at 825 Rice
Street, St. Paul, Minnesota 55117. Notice to the city shall be
mailed to the city clerk.
Subd 6. Public grounds means city parks and squares, as
well as land held by the city for the purpose of open space.
Subd. 7 Public ways means streets, avenues, alleys, parkways,
walkways and other public rights-of-way within the city.
Sec. 2. Grant of francluse.
The city hereby grants the company, for a period of twenty (20)
years from the date hereof, the right and privilege of erecting a
gas distribution system and using the public ways and public
grounds of the city for the purpose of installing, operating, re-
pairing and maintaining, in, on, over, under and across the same,
all gas pipes, mains and appurtenances usually, conveniently or
necessarily used in connection therewith for the purpose of the
transmission of gas or the distribution of gas for public and
private use within and through the limits of the city as its bound-
aries exist or as they may be extended in the future. The com-
pany may also do all reasonable things.necessary or customary to
accomplish these purposes, subject, however, to the further pro-
visions of this franchise.
Sec. 3. Restrictions.
Subd 1. All gas pipes, mains, regulators and other property
and facilities shall be so located, constructed, installed and main-
tained as not to endanger or unnecessarily interfere with the
usual and customary trade, traffic, travel upon and use of the
public ways of the city. In installing, repairing and maintaining,
removing or replacing said gas pipes, mains and appurtenances,
the company shall in all cases place the public ways in, on, under
or across which the same are located in as good condition as they
were prior to said operation.
Subd 2. The company shall not construct any new or modi-
. fied installations within or upon any public grounds without
Supp. No. 18 1961
I
I
§ g ARDEN HILLS CODE
receiving the prior written consent of an authorized representa-
tive of the city for each such new installation.
Subd 3. The company shall provide field locations for all its
underground facilities when requested by the city within a rea-
sonable period of time. The period of time will be considered
reasonable if it compares favorably with the average time re-
quired by the cities in the county to locate municipal under-
• ground facilities for the company. (County refers to the county in
which the city is located).
Subd 4. Before the company constructs any new structure or
converts any existing structure for the manufacture or storage of
gas, the company shall first obtain the approval of the structure
ation thereof from the city. Such approval by the city
and the loc
shall not be unreasonably withheld.
Sec. 4. Service; rates.
The service to be provided and the rates to be charged by the
company for gas distribution or transmission service in the city
are subject to the jurisdiction of the public utilities commission of
this state or its successor agency.
Sec. 5. Relocating.
Subd 1. Whenever the city shall grade, regrade or change the
line of any public way or construct or reconstruct any city utility
system therein and shall, in the proper exercise of its police power
and with due regard to seasonable working conditions, when nec-
essary, and after approval of its final plans have been obtained,
order the company to relocate permanently its mains, services and
other property located in said public way. The company shall
relocate its facilities at its own expense. The city shall give the
company reasonable notice of plans to grade, regrade or change I
the line of any public way or to construct or reconstruct any city
utility system therein. However, after the comp ordered with n
ed, if a subsequent relocation or relocations shall be
ten (10) years from and after the first relocation, the city shall
reimburse the company for such nonbetterment relceation expense
which the company may incur on a time and material basis;
provided, if subsequent relocations are required because of the
Supp. No. 18 1962
APPENDIX B-FRANCHISES § 6
' extension of city utilities to previously unserved areas, the com-
pany may be required to relocate at its own expense at any time.
Subd 2. Nothing contained in this franchise shall require the
company to relocate, remove, replace or reconnect at its own
expense its facilities where such relceation, removal, replacement
or reconnection is for convenience and not of necessity in the
construction or reconstruction of a city utility system or exten-
sion thereof.
Subd. 3. Any relocation, removal or rearrangement of any
company facilities made necessary because of the extension into
or through the city of a federally aided highway project shall be
governed by the provisions of Minnesota Statutes Section 161.46,
as supplemented or amended; and, further, it is expressly under-
stood that the right herein granted to the company is a valuable
property right, and the city shall not order the company to re-
move or relocate its facilities without compensation when a pub-
lic way is vacated, improved or realigned because of a renewal or
a redevelopment plan which is financially subsidized in whole or
in part by the Federal Government or any agency thereof unless
the reasonable nonbetterment costs of such a relocation and the
loss and expense resulting therefrom are first paid to the company.
Subd 4. Nothing contained herein shall relieve any person,
persons or corporations from liability arising out of the failure to
exercise reasonable care to avoid injuring the company's facili-
ties while performing any work connected with grading, regrad-
ing or changing the line of any public way or with the construc-
tion of any city utility system.
Sec. 6. Indemnification.
The company shall indemnify, keep and hold the city free and
harmless from any and all liability on account of injury to per-
sons or damage to property occasioned by the construction, main-
tenance, repair or operation of the company's gas facilities lo-
cated in, on, over, under or across the public ways and public
grounds of the city unless such injury or damage grows out of the
negligency of the city, its employees or agents or results from the
performance in a proper manner of acts reasonably deemed haz-
ardous by the company, but such performance is, nevertheless,
Supp. No. 18 1963
I
§ 6 ARDEN HILLS CODE
ordered or directed by the city after notice of the company's
determination. In the event that a suit shall be brought against
the city under circumstances where the above agreement to in-
demnify applies, the company at its sole cost and expense shall
defend the city in such suit if written notice thereof is promptly
given to the company within a period wherein the company is not
prejudiced by lack of such notice. If such notice is not reasonably
given as hereinbefore provided, the company shall have no duty
to indemnify nor defend. If the company is required to indemnify
and defend, it will thereafter have complete control of such liti-
gation; but the company may not settle such litigation without
the consent of the city, which consent shall not be unreasonably
withheld. This section is not, as to third parties, a waiver of any
defense or immunity otherwise available to the city; and the
company, in defending any action on behalf of the city, shall be
entitled to assert in any action every defense or immunity that
the city could assert in its own behalf.
Sec. 7. Vacation of public ways.
The city shall give the company at least two (2) weeks' prior
written notice of a proposed vacation of a public way. Except
where required solely for a city improvement project, the vaca-
tion of any public way, after the installation of gas facilities,
shall not operate to deprive the company of its rights to operate
and maintain such gas facilities until the reasonable cost of
relocating the same and the loss and expense resulting from such
relocation are first paid to the company. In no case, however,
shall the city be liable to the company for failure to specifically
preserve a right-of-way, under Minnesota Statutes Section 16029.
Sec. 8. Written acceptance.
The company shall, if it accepts this ordinance and the rights
and obligations hereby granted, file a written acceptance of the
rights hereby granted with the city clerk within ninety (90) days
after the final passage and any required publication of this ordinance.
Sec. 9. Provisions of ordinance.
Subd 1. Every section, provision or part of this ordinance is
declared separate from every other section, provision or part; and
Supp. No. 18 1964
APPENDIX B-FRANCHISES § 11
if any section, provision or part shall be held invalid, it shall not
I affect any other section, provision or part. Where a provision of
any other city ordinance conflicts with the provisions of this
ordinance, the provisions of this ordinance shall prevail.
I Subd 2. If either party (the city or the company) asserts that
the other party is in default in performance of any obligation
i hereunder, the complaining party shall notify the other party of
the default and the desired remedy. The notification shall be
written. If the dispute is not resolved within thirty (30) days of
the written notice, either party may commence an action in dis-
trict court to interpret and enforce this franchise or for such other
relief as may permitted by law or equity for breach of contract; or
either party may take any other action permitted by law.
Subd. 3. This ordinance constitutes a franchise agreement be-
tween the city and the company as the only parties, and no
provision of this franchise shall in any way inure to the benefit of
any third person (including the public at large) so as to constitute
any such person as a third party beneficiary of the agreement or
of any one (1) or more of the terms hereof or, otherwise, give rise
to any cause of action in any person not a party hereto.
Sec. 10. Publication expense.
The expense of any publication of this franchise ordinance
required by law shall be paid by the company.
Sec. 11. Effective date.
This ordinance is effective as provided by statute or charter
and upon acceptance by the company as provided in section 8.
Passed and approved: September 25, 1989.
Mayor
' Attest:
City Clerk
Supp. No. 18 1965
§ 1 ARDEN HILLS CODE
ELECTRIC DISTRIBUTION SYSTEM FRANCHISE*
ORDINANCE NO. 263
AN ORDINANCE GRANTING TO NORTHERN STATES
POWER COMPANY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS PERMISSION TO CON-
STRUCT, OPERATE, REPAIR AND MAINTAIN IN THE
CITY OF AR,DEN HILLS, MINNESOTA, AN ELECTRIC
DISTR,IBUTION SYSTEM AND TR.ANSMISSION LINES,
INCLUDIlVG NECESSARY POLES, POLE LINES, FIXTCTR.ES
AND APPURTENANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY TO THE CITY .AND 1TS IlVHABITAN7.'S
AND OTHERS AND TO USE THE PUBLIC WAYS AND
PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS,
RAMSEY COUNTY, MINNESOTA, DOES ORDAIN.•
Sec. 1. Definitions.
Subd 1. In this ordinance, city means the City of Arden Hills,
County of Ramsey, State of Minnesota.
Subd 2. City utility system refers to the facilities used for
providing any public utility service owned or operated by the city
or agency thereof, including sewer and water service.
Subd 3. Company means Northern States Power Company, a
Minnesota corporation, its successors and assigns.
Subd. 4. Notice means a writing served by any party or par-
ties on any other party or parties. Notice to Company shall be
mailed to the Area Office Manager thereof at 1700 E. County '
Rd., E., White Bear Lake, Minnesota, 55110. Notice to the city
shall be mailed to the city clerk.
•Editor's note-Nonamendatory Ord. No. 263, 1-12, adopted Sept. 25,
1959, has been codif`ied in its entirety (with nonsubstantive changes made) by the
editor as part of App. B. The presence of a history note in parentheses following a
particular section indicates an amendment thereto.
Crosa references-Electrical permit, § 6-60(b); trees and vegetation, Ch. 27;
utilities, Ch. 28.
Supp. No. 18 1966
I
I APPENDIX B-FRANCHISES § 3
Subd. 5. Public grounds means city parks and squares as well
as land held by the city for the purposes of open space.
Subd 6. Public ways means streets, avenues, alleys, parkways,
walkways and other public rights-of-way within the city.
Sec. 2. Grant of franchise.
The city hereby grants the company, for a period of twenty (20)
years from the date hereof, the right to transmit and furnish
electric energy for light, heat, power and other purposes for pub-
lic and private use within and through the limits of the city as its
boundaries now exist or as they may be extended in the future.
For these purposes, the company may construct, operate, repair
and maintain electric distribution system and electric transmis-
sion lines, including poles, pole lines, duct lines, fixtures and any
other necessary appurtenances in, on, over, under and across the
public ways and public grounds of the city. The company may do
all reasonable things necessary or customary to accomplish these
purposes, subject, however, to the fiu ther provisions of this franchise.
Sec. 3. Restrictions.
Subd 1. The company facilities included in such electric dis-
tribution system, transmission lines and appurtenances thereto
shall be located and constructed so as not to interfere with the
safety and convenience of ordinary travel along and over said
public ways. The company's construction, operation, repair, main-
tenance and location of such facilities shall be subject to such
reasonable regulations as may be imposed by the city pursuant to
charter, ordinance or statute.
Subd 2. The company shall not construct any new installa- ,
tions within or upon any public grounds without receiving the
prior written consent of an authorized representative of the city
for each such installation.
Subd. 3. The company shall provide field locations for all its
underground facilities when requested by the city within a rea-
sonabla period of time. The period of time will be considered
reasonable if it compares favorably with the average time re-
I quired by the cities in the county to locate municipal under-
Supp. No. 18 1967
§ g ARDEN HILLS CODE
ground facilities for the company. (County refers to the county in
which the city is located).
Sec. 4. Tree trimming.
The company is also granted the permission and authority to
trim all trees and shrubs in the public ways and public grounds of
the city interfering with the proper construction, operation, re-
pair and maintenance of any poles, pole lines and fixtures or
appurtenances installed in pursuance of the authority hereby
granted; provided that the company shall save the city harmless
from any liability in the premises.
Sec. 5. Service; rates.
The service to be provided and the rates to be charged by the
company for electric service in the city are subject to the jurisdic-
tion of the public utilities commission of this state or its successor
agency.
Sec. 6. Relocating.
Subd 1. Whenever the city shall grade, regrade or change the
line of any public way or construct or reconstruct any city utility
system therein and shall, in the proper exercise of its police
power and with due regard to seasonable working conditions,
when necessary, and after approval of its final plans have been
obtained, order the company to relocate permanently its lines,
services and other property located in said public way. The com-
pany shall relocate its facilities at its own expense. The city shall
give the company reasonable notice of plans to grade, regrade or
change the line of any public way or to construct or reconstruct
any city utility system therein. However, after the company has
so relocated, if a subsequent relocation or relocations shall be
ordered within ten (10) years from and after the first relocation,
the city shall reimburse the company for such nonbetterment
relocation expense which the company may incur on a time and
material basis; provided, if subsequent relocations are required
because of the extension of city utilities to previously unserved
areas, the company may be required to relocate at its own ex-
pense at any time.
Supp. No. 18 1968
APPENDIX B-FRANCHISES § 7
Subd 2. Nothing contained in this franchise shall require the
company to relocate, remove, replace or reconnect at its own
expense its facilities where such relocation, removal, replacement
I or reconnection is for convenience and not of necessity in the
construction or reconstruction of a city utility system or exten-
sion thereof.
Subd 3. Any relocation, removal or rearrangement of any
company facilities made necessary because of the extension into
or through the city of a federally aided highway project shall be
governed by the provisions of Minnesota Statutes Section 161.46,
as supplemented or amended; and, further, it is expressly under-
stood that the right herein granted to the company is a valuable
property right, and the city shall not order the company to re-
move or relocate its facilities without compensation when a pub-
lic way is vacated, improved or realigned because of a renewal or
a redevelopment plan which is financially subsidized in whole or
in part by the Federal Government or any agency thereof unless
the reasonable nonbetterment costs of such relocation and the
loss and expense resulting therefrom are first paid to the company.
Subd 4. Nothing contained herein shall relieve any person,
persons or corporations from liability arising out of the failure to
exercise reasonable care to avoid injuring the company's facili-
ties while performing any work connected with grading, regrad-
ing or changing the line of any public way or with the construc-
tion or reconstruction of any city utility system.
Sec. 7. Indemnification.
The company shall indemnify, keep and hold the city free and
harmless from any and all liability on account of injury to per-
sons or damage to property occasioned by the construction, main-
tenance, repair or operation of the company's electric facilities
located in, on, over, under or across the public ways and public
grounds of the city unless such injury or damage grows out of the
negligence of the city, its employees or agents or results from the
performance in a proper manner of acts reasonably deemed haz-
ardous by the company, but such performance is nevertheless
ordered or directed by the city after notice of the company's
determination. In the event that a suit shall be brought against
the city under circumstances where the above agreement to in-
Supp. No. 18 1969 ,
§ 7 ARDEN HILLS CODE
demnify applies, the company at its sole cost and expense shall
defend the city in such suit if written notice thereof is promptly
given to the company within a period wherein the company is not
prejudiced by lack of such notice. If such notice is not reasonably
given as hereinbefore provided, the company shall have no duty
to indemnify nor defend. If the company is required to indemnify
and defend, it will thereafter have complete control of such liti-
gation; but the company may not settIe such litigation without
the consent of the city, which consent shall not be unreasonably
withheld. This section is not, as to third parties, a waiver of any
defense or immunity otherwise available to the city; and the com-
pany, in defending any action on behalf of the city, shall be en-
titled to assert in any action every defense or immunity that the
city could assert in its own behalf.
Sec. 8. Vacation of public ways.
The city shall give the company at least two (2) weeks' prior
written notice of a proposed vacation of a public way. Except
where required solely for a city improvement project, the vaea-
tion of any public way, after the installation of electric facilities,
shall not operate to deprive the company of its rights to operate
and maintain such electrical facilities until the reasonable cost of
relocating the same and the loss and expense resulting from such
relocation are first paid to the company. In no case, however,
shall the city be liable to the company for failure to specifically
preserve a right-of-way, under Minnesota Statutes Section 160.29.
Sec. 9. Written acceptance.
The company shall, if it accepts this ordinance and the rights
and obligations hereby granted, file a written acceptance of the
rights hereby granted with the city clerk within ninety (90) days
after the final passage and any required publication of this ordinance.
Sec. 10. Provisions of ordinance.
Subd 1. Every section, provision or part of this ordinance is
declared separate from every other section, provision or part; and
if any section, provision or part shall be held invalid, it shall not
affect any other section, provision or part. Where a provision of
Supp. No. 18 1970
APPENDIX B-FRANCHISES § 12
any other city ordinance conflicts with the provisions of this
ordinance, the provisions of this ordinance shall prevail.
Subd 2. If either party (the city or the company) asserts that
the other party is in default in performance of any obligation
hereunder, the complaining party shall notify the other party of
the default and the desired remedy. The notification shall be
written. If the dispute is not resolved within thirty (30) days of
the written notice, either party may commence an action in dis-
trict court to interpret and enforce this franchise or for such other
relief as may be permitted by law or equity for breach of contract;
or either party may take any other action permitted by law.
Subd 3. This ordinance constitutes a franchise agreement be-
tween the city and the company as the only parties, and no
provision of this franchise shall in any way inure to the benefit of
any third person (including the public at large) so as to constitute
any such person as a third party beneficiary of the agreement or
of any one (1) or more of the terms hereof or, otherwise, give rise
to any cause of action in any person not a party hereto.
Sec. 11. Publication expense.
The expense of any publication of this franchise ordinance
required by law shall be paid by the company.
Sec. 12. Effective date.
This ordinance is effective as provided by statute or charter
and upon acceptance by the company as provided in section 9, i
Passed and approved: September 25, 1989.
Mayor
Attest:
City Clerk
Supp. No. 18 1971 fThe next page is 19811
I
I
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the teht ar notes
following the text of references to the state law or related matters.
M.S.A. M.S.A.
Section Disposition Section Disposition
Ch. 12 Ch. 7(note) 340.02(2), (3) 3-93
12.31 7-3 340A2(9) 3-102
12.43 7-66 340.07 3-1
15.0418- 340.034 3-16
15.0426 3-59 3402(8} 3-39
10.59-16B.73 6-16 340.11(14) 3-45
18.023 Ch. 27, Art. 340.13 3-39
III(note) 340.13(9) 3-56
18.023, 340.13(10) 3-58
Subd.5 27-55(a) 340.13(14) 3-43.1
Ch.31 Ch.10(note) 340.13,
Ch. 31A Ch. 10(note) Subds. 4, 12 3-39(a)
Ch.32 Ch.10(note) 340.13,
84.81 Ch. 26, Art. II, Subd. 14 3-39(e), 13-29
Div.2(note) 340.13(3) 3-41(e)
160.29 App. B, Gas, § 7 340.14(2) 3-24, 3-27
App. B, Elec., § 8 340.14(3) 3-41
161.46 App. B, Gas, § 5.3 340.14, Subd. 1 3•18
App. B, Elec., § 6.3 340.14, Subd. 5 3-16
Ch. 168B Ch. 16, Art. II, 340.19 3-59
Div.2(note) 340.71 3-30
Ch.26(note) 340.73 3-23
168B.01-168.13 16-34 340.73(2) 3-20
168B.02, Subd. 2 16-31 340.78 3-23
168B.06 16-32 340.79 3-25
Ch.169 Ch.26(note) 340.112 3-47
26-1, 26-2 340.119 3-53
169.01 26-10 340.135 3-59
Ch.197 19-9 340.142 3•29
Chs.203-205 2-16 340.404 3-59
299F.011 9-31 340.731(3) 3-20
326242 6-33 Ch.346 Ch.5(note)
Ch. 327 Ch. 14(note) Ch. 347 Ch. 5, Art.
327.14 Ch. 14, Art. I(note) '
II(note) 349.11-349.60 4-31
Ch. 329 Ch. 18(note) 34926 4-25, 4-26
Ch. 340 Ch. 3, Art. Il, Ch. 361 Ch. 12(note)
Div.l(note) 361.01-
Art.III(note) 361.129 12-17
340.001 3-1
Supp. No. 22 1981
ARDEN HILLS CODE
M.S.A. M.S.A.
Section Dieposition Section Disposition
Ch. 363 Ch. 2, Art. III, 462.358 Ch. 22(note)
Div.2(note), Ch.463 Ch.6(note)
2-82 Ch.465 Ch.2(note)
Ch. 364 18-23 471.57 Ch. 2, Art.
364.03 18-23 II(note)
378.32, Subd. 1 12-16 471.62 9-16, 9-18
Ch. 412 Ch. 2(note) 471.195 Ch. 16, Art.
412.191 Ch. 2(note) II(note)
412.191(2) 2-19 Ch.609 Ch.17(note)
412.191(4) Ch. 2, Art. II, 609.032 1-10
Div.3(note) 609.74 16-1
412.191(5) 1-1 609.745 16-3
412.221(11) Ch.28(note) Ch.624 Ch.17(note)
412.221(17) Ch. 9(note) 6¢5.15 1.2
412221(19) Ch.18(note) 645.44 1•2
412.221(20) Ch.25(note)
412.221(21) Ch.5(note)
412.221(23) Ch.l6(note)
412221(25) Ch.4(note)
412221(30) Ch. 10, Art.
II(note)
412.221(38) Ch.6(note)
412231 1-10
412241 Ch.24(note)
412.321 Ch.28(note)
412.541 Ch. 2, Art.
II(note)
415.021 1-1
Ch.418 Ch.19(note)
421.221(31) Ch.28(note)
Ch.426 Ch.24(note)
Ch. 429 24-3, 27-59,
28-44
429.061, Subd. 3 24-1
Ch. 438 Ch. 9(note)
Ch.443 Ch.ll(note),
Ch. 28, Art.
III(note)
Ch.444 Ch.28(note)
444.075, Subd. 3 28-126
Ch.453 Ch.28(note)
Ch.456 Ch.28(note)
Ch.462 Ch.20(note)
462.351-462.364 20-24
Supp. No. 22 1982 [The next page ia 19931
I
CODE COMPAR.ATIVE TABLE
This ia a numerical listing of the ordinances of the city ueed in this Code.
Repealed or superseded laws and any omitted materiale are not reflected in
this table.
Ordinance Adoption Section
Number Date 8ection thie Code
1 3-26-51 ftule 2 2-32
3 2-33
5 2-34
13 2-35
16 2-37
18-21 2-44-2-47
24 2-22
26 2-30
27 2-31
28 2-29
29 2-20
30 2-21
33 2-36
11 6-27-55 3 5-51
4 5-53,
5-b5-5-57
5 5-b4
6 5-59
7 5-1,
b-66-5-?2
9 5-73, b-74
10 5-3
11 5-98, 5-99
12 9-26-55 1 13-52, 13-55,
13-b7
13 9-26-65 1 13-59 '
14 9-26-55 1-3 10-16-10-18
4 13-b8 •
15 9-26-55 2 13-46
17 9-26-66 1 6-2, 6-81,
5-82, 5-86
22 7-29-57 1 26-10
29 12- 9-57 2 13-34
3 4-4
30 12- 9-57 1 3-1
2(1) 3-87
2(2),(3) 3-88
3 3-89
I 1993
ARDEN HILLS CODE
Ordinance Section
No. Date Section this Code
4(1) 3-93
4(2) 3-102
4(3) 13-31
4(4) 3-94
5(1) 3-95
5(2) 3-96
6 3-90
7 3-91
8(1) 3-97
8(2) 3-98
8(3) 3-73
8(4) 3-78
8(5) 3-75
8(6) 3-80
8(7) 3-99
8(8) 3-100
8(10) 3-92
8(11) 3-101
9 3-71
11 3-3
12(1) 3-74
12(2) 3-?6
12(3) 3-2
12(4) 3-7?
12(b) 3-72
12(6) 3-79
13 3-103
38 3-30-59 1 2-19
, 43 7-29-59 2 11-3, 11-16
3 11-4
4(1) 11-17, 11-18
4(2) 11-19
b(2) 13-47
49 11-30-59 1 28-89
2 28-90
3 28-92
4 28-93
b(F)-(J) 28-109-28-113
7 28-94
8 28-91
10 28-9b
11(A) 28-126
56 9-12-60 2 6-161
3-1 6-172,.6-175
3-2 6-174
1994
CODE COMPARATIVE TABLE
Ordinance Section
No. Date Section thie Code
3-3 6-173
3-4 6-176
4-1 6-185
4-2 6-184
4-3 6-186
4-4 6-187
4-5 6-188-6-190,
6-197
4-6-
4-8 6-191-6-193
4-9 6-183
4-10 6-194-6-196
5-1 6-163
5-2 6-164
6 6-162
63 12-27-61 1(1) 7-1
1(2) 7-2
2 7-3
3(1) 7-3, 7-23-
7-26,
7-34-7-37
3(2) 7-3, 7-54-
7-58
4(1) 7-8, 7-38
4(2) 7-41
5(1) 7-66
5(2) 7-67, 7-68
5(3)-(5) 7-69-7-71
6(1)-(3) 7-83-7-85
6(4) 7-42
7 7-5, 7-6
8 7-4, 7-7,
7-86, 7-87
9(2)-(4) 7-43-7-45
9(5) 7-9
9(6) 7-6b
9(7) 7-46
9(8) 7-39
9(9) 7-40
9(10) 7-47
10 7-10
i 11 7-27
64 3-26-62 1 3-91
67 11-26-62 2 5-58
3 5-55
4 13-49
1995
AR,DEN HILLS CODE •
Ordinance Bection
No. Date 3ection thia Code
71 3-25-63 4 13-36
b-7 4-1-4-3
76 1-13-64 1 21-1
2 21-3
3 21-2
4 21-4
b 21-6
6 21-5,
21-7-21-9
7 13-67
8 21-10
9 21-11
9(a) 21-12
9(b) 21-13
8(c) 21-14, 21-15
9(d) 21-16
11-13 21-18-21-20
78 6-29-64 1 26-8
2 26-9
81 10-26-64 2 2-2
3 2-3
83 2-22-66 1(A)-(H) 19-1-19-8
2(A)-(C) 19-13-19-15
2(D) 19-9
3(A) 19-46
3(B)(1) 19-57
3(B)(2) 19-59
3(B)(3)-(5) 19-58
3(B)(6) 19-60
3(B)(7) 19-62
3(B)(8) 19-61
3(B)(8) 19-63
3(C)(1) 19-72
3(C)(2) 19-73
3(C)(3) 19-74, 19-?5
3(C)(4) 19-77
3(E) 19-49
3(F) 19-48
4(A)-(C) 19-27-18-29
4(E)-(H) 19-31-19-34
b(A)-(C) 19-10-19-12
92 11-15-66 1 3-1
2(1) 3-37
2(2)-(4) 3-38
2(6) 3-39(d)
1996 I
CODE COMPARATIVE TABLE
Ordinance Section
No. Date Section thie Code
I 3(1) 3-42, 3-56
3(3) 3-48
4(1) 3-44
4(2) 3-43
4(3),(4) 3-46
4(b) 3-46
' 4(6) 3-54, 3-b5
4(7) 3-47
5(1) 3-48
b(2) 3-56
5(3) 3-51
7 3-41
8(1) 3-50
8(2) 3-58, 13-12
8(3) 3-b2
8(4) 3-53
8(8) 3-2?
8(9) 3-28
8(10) 3-57
8(11) 3-29
8(13) 3-20
8(14) 3-30
10 3-3
11(1) 3-26
11(2) 3-2
11(3) 3-2b
11(4) 3-21
11(b) 3-22
12 3-b9
94 6-27-66 2 6-144
3 6-145
4 6-147, 13-48
5 6-1b0
6 6-146
7 6-148
95 6-27-66 II 20-24
III 20-21,
20-26-20-29
86 7-25-66 1-8 17-36-17-43
87 9-12-66 11-5
' 1 11-1
2 11-2
98 3-27-67 2-14 22-1-22-13
101 7-31-67 1(a) 5-38
1(b) 3-4b
1997
AR,DEN HILLS CODE
Ordinance 3ection
No. Date 3ection thie Code
103 11-13-67 1.1-1.10 28-16-28-25
1.11 28-29
1.12-1.14 28-26-28-28
1.16-1.18 28-30-28-33
2.1-2.4 28-41-28-44
2.5 28-46
2.6 28-47
2.7 28-45
2.8 28-48
3.1 28-b5
4.1 28-66
4.1(a)-(c) 28-67-28-69
4.1(c)-(g) 28-69-28-73
4.2-4.4 28-74-28-76
4.6 28-77
104 3-11-68 1 27-16
2 27-31-27-34,
27-36, 27-37
3 27-38
4(a) 27-17, 27-18
4(b)-(g) 27-19-27-24
4(h) 27-3b
105 5-27-68 2 2-81
3 2-82
5 2-88
108 7-29-68 1 26-6
2 26-7
110 12- 9-68 3 19-74-19-76
4 19-47
5 19-30
111 12- 9-68 2 28-44
4 28-74
112 12-30-68 2 13-69
119 8-11-69 1 28-57
121 10-13-69 1 18-1
2,3 18-3
124 11-24-69 2-4 17-22-17-24
125 12- 8-69 1 26-29
2 26-30
` 3 26-32, 26-34,
26-35
3(s) 26-42
3(c) 26-37
3(d) 26-46
3(e) 26-40
1998
CODE COMPARATIVE TABLE
Ordinance Section
No. Date Section thia Code
3(t) 26-41
3(g) 26-39
3(h) 26-43
3(i) 26-47
3(i) 26-48
3(k) 26-45
3(I) 26-44
3(m) 26-31
3(0) 26-38
3(p) 26-36
3(q) 26-33
127 12-29-69 1 24-1
2 24-2
129 1-12-70 2-4 26-3-26-5
131 5-11-70 2 20-16-20-20,
20-22, 20-23
132 5-11-70 2 15-31
4 15-32
5 13-65
6 1b-33
135 6- 8-70 2-4 9-16-9-18
137 10-26-70 1 24-3
141 3- 8-71 11(A)-(C) 28-126-28-128
142 3-29-71 3.2 28-56
143 5-10-71 2.1 23-6
2.2 23-1, 23-4,
23-5
' 2.3-
2.5 23-7-23-9
2.6 23-2
2.7 23-10
2.8 23-20, 23-21
3 23-11
4.1(1)-(3) 23-13-23-15
4.2-4.5 23-16-23-19
5.1 23-3
5.2 23-12
146 6-14-71 1.0 28-152
2.0 28-1b3
3.1 28-154
3.2 28-155
4.0 28-156
5.0 28-157,28-158
6.1 28-159
7.2 28-160
7.3 28-161
Supp. No. 1 1999
ARDEN HILLS CODE
Ordinance Section
No. Date Section this Code
147 8-30-71 2.0 14-17
31(1) 14-41
'31(2) 14-4
3.1(3) 14-5, 14-27
3.1(4) 14-28
32 14-1
4.1 14-53, 14-54
4.2 14-55-14-57
4.3 14-32
4.4 14-59
4.5 14-58, 14-60
4.6 14-61
4.? 14-62
4.8 14-33
4.8 14-82-14-84,
14-86-14-88
4.9 14-85
4.10 14-89
4.11 14-90
4.12 14-63
4.13 14-34
4.14 14-22, 14-23,
14-64
4.15 14-69
4.17 14-25
4.18 14-24
4.16 14-29-14-31
5.1-5.4 14-65-14-68
5.5--5.9 14-70-14-74
6.1 14-75
6.2 14-19
6.3 14-20
6.4 14-18
6.5 14-21
6.6 14-26
' 7.1 14-42
7.2 14-43
7.3(1)-(3) 14-44-14-46
8.2 14-2
9.2 14-3
149 10-25-71 2 3-16
150 12-16-71 2.0 8-1
3.0 8-2
4.1 8-25
4.2(1) 8-25
Supp. No. 1 2000
CODE COMPARATIVE TABLE
Ordinance 3ection
No. Date Section thie Code
4.2(1) 8-26
4.4-4.7 8-8-8-11
5.0-5r2 8-27
5.3-5.6 8-28-8-31
6.1 8-34, 8-35
6.2 8-36
6.3 8-7
7.0 8-48
7.1-7.6 8-50--8-55
7.7 8-56, 8-57
7.8 8-58
7.9 8-49
8.1 8-5
8.2 8-6
8.3 8-33
8.4 8-12
8.5 8-13
8.6 8-32
8.7 8-3
9.2 8-4
151 12-27-71 2-4 13-26-13-28
153 3-27-72 2 28-128
2(C)(5) 28-129
154 3-27-72 3.4 28-58
157 7-10-72 2 26-1
3 26-2
159 9-25-72 2 2-18
160 11-13-72 1 25-1
5 25-2
3,4 13-68
161 11-13-72 4(a)-(e) 13-32-13-36
4(t) 13-34
4(g) 13-38
4(h) 13-40
4(i) 13-39
4(j) 13-41
4(k) 13-37
. 5 13-34
162 11-13-72 4(a) 13-45
4(b) 13-64
4(c) 13-70
4(d) 13-50
4(e) 13-66
4(t) 13-43
4(g) 13-42
2001
I
I
ARDEN HILLS CODE
Ordinance Section
No. Date 3ection thie Code
4(h) 13-62
4(i) 13-51
4(i)(1) 13-63
4(j)(2) 13-44
4(j)(3) 13-63
4(j)(4) 13-44, 13-63
4(k) 13-61
1 13-1
2 13-2
3 13-4
5 13-6
5(B) 13-64
5(D) 13-63
6 13-7, 13-8,
13-13, 13-14
7 15-1, 15-21,
15-22
163 11-13-72 5(a) 13-45, 13-b2
6(b) 13-b4
b(c) 13-51, 13-56
5(d) 13-44
5(e) 13-53
5(t) 13-55
5(g) 13-57
b(h) 13-60
164 11-13-72 1(1)(a) 13-36
1(1)(b) 13-34
1(1)(c) 13-32
1(1)(d)-(g) 13-33-13-36
1(1)(h) 13-34
1(1)(i) 13-38
1(1)(j) 13-40
1(1)(k) 13-39
1(1)(1) 13-37, 13-41
1(1)(m) 13-37
1(2)(a) 13-31
1(2)(c) 13-59
1(3) 13-67
1(4) 13-46
1(5)(a) 13-47
1(5)(b) 13-48
1(7)(a) 13-52
1(7)(b) 13-54
1(7)(c) 13-56
1(7)(e) 13-53
1(7)(t) 13-56
2002
~
CODE COMPARATIVE TABLE
Ordinance Bection
No. Date Section this Code
1(7)(g) 13-57
1(7)(h) 13-60
1(8) 13-65
i(9) 13-69
1(10)(a) 13-63
1(10)(b) 13-44
1(10)(c) 13-63
1(10)(d) 13-44, 13-63
1(11) 13-68
1(12)(a) 13-58
1(12)(b) 13-45
1(12)(c) 13-64
1(12)(d) 13-70
1(12)(e) 13-50
1(12)(f) 13-66
1(12)(g) 13-43
1(12)(h) 13-42
1(12)(i) 13-62
1(12)(j) 13-51
1(12)(k) 13-61
165 12-11-72 1-3 28-126-28-128
4 28-130
166 12-11-72 1-3 28-56--28-58
5 28-59
167 1-29-73 1-4 28-137-28-140
169 2-12-73 1 2-83-2-87
170 2-26-73 1 21-17
2 21-21
171 4-30-73 1 22-12
3 22-7
175 10-29-73 3 22-12
4 22-5
b 22-9
177 2-25-74 2 19-58
178 5-13-74 1 3-23
2 3-24
3 3-18
4 3-17
179 7- 8-74 2 2-16
5 2-17
180 10-28-74 2 19-48
181 10-28-74 1 12-16
2 12-17
3 12-18
4 12-28-12-31
I
2003
AADEN HILLS CODE
Ordinance Section
No. Date Section thie Code
4(a) 12-20
4(b)(1) 12-27
5 12-32
6 12-19
182 12- 9-74 6(A)-(E) 28-96-28-100
183 12-23-74 1 5-49, 5-b0,
5-b2
184 1-13-75 3 15-34
186 3-31-75 1 27-50
2 27-52
3 27-54
4 27-55
' 5(a) 27-56
5(b) 27-b7
6-8 27-58-27-60
10 27-53 _
11 27-51
187 5-12-75 1 19-50
3 19-48
190 7-10-75 1 26-22
191 8-11-75 2 6-16
3 6-17
4 6-31
b(e)-(f) 6-32-6-37
7(a)-(j) 6-39-6-48
7(k) 6-38
8 6-18
9(a) 6-60
9(b) 6-60, 6-61
9(c)-(p) 6-63-6-76
10 6-88
10(a)-(d) 6-84-6-87
10(t)-(P) 6-89-6-99
11(a) 6-112
' 11(b) 6-113
11(c) 6-114, 6-121
11(d) 6-115, 6-117
11(e) 6-116
11(f) 6-120
11(g) 6-118
11(i) 6-100
12(s)-(e) 6-12"-132
13 6-149
14 6-1
192 8-26-75 1 27-61
193 6- 1-76 1 3-22.1
2004
CODB CO11tPARATiVE TABLB
Ocdinance Sectloa
~ Na Dats Section t6is Code
194 8-14-76 1 6-144
2 28-93
195 12-27-76 1 28-126
76-7(Ites) 1•26-76 1543-18-89
1 18-91
2 13-97
3 13-96
4 13-96
5 18-90
6 13-94
7 13-92
8 13-99
9 13-88
10 15-100
11 15-93
198 6-27-77 1 5-31
2 5-46. 5-47
3,4 5-50, 5-51
5 b-48
6 5-52
7,8 5-32, 5-33
9 5-56-5-62
10 5-63
11 5-36
12 5-35
13 5-1
14 5-49
15 5-38
16 5-66-5-69, 15-49
17 Rpld 5-1-5-5,
5-49---5-59,
5-66-5-74.
5-81-5-85.
5-97-5-99
18 5-39
200 2-13-78 1 3-1
2 3-37
3,4 3-38(a). (b) '
5 13-30
203 9-11-78 1 3-16
204 9-11-78 2 13-69(b)
206 9-11-78 1 6-81
206 1-15-79 Adopting Ordin~nce,
p. i:
6,7 1-10
Supp. No. 3
?006
,
ARDEN HILLS CODE
Ordinance Section
No. Date SecLion this Code
207 4- 9-79 1 18-28
2 19-30
g 19-58
4 19-63
b 19-48(a)
208 6-25-79 1 28-56(a), (8)
209 9-24-79 1 19-63
210 10-29-99 1-11 13.5-1-13.5-11
211 12-27-79 1 6-69
2 6-116(b)
3 14-2?
212 1_28_80 1 Rpld 2-1-2-3
213 2-25-80 App. A,
IA, B, IIA-D,
. IIIA-C,
IVA-E,
VA-F,
VIA-G,
VIIA-H,
VIIIA-G,
IXA-C,
XA-K,
XIA-G,
XIIA-C,
XIIIA-C
214 4-27-81 1(1.1-1.3) 4-46-4-48
2(2.1-2.3) 4-49
3(3.1-3.10) 4-50
4(4.1-4.17) 4-51
5 4-52
6(6.1, 62) 4-53
7 4-54
8 ftpld 3-22, 3-22.1,
26-10
216 12- 8-80 1(A-C) 21-1-21-3
2 21-4
3(A, B) 21-5, 21-6
4-7 21-7-21-10
8(A-C) 21-11-21-13
, g 21-14
10(A, B) 21-15,21-16
11 R,pld 21-1-21-21
219 12-29-80 1 3-45
2 5-47
3 6-84(a)
Supp. No. 3
2006
~
CODE COMPARATIVE TABLE
Ordinance Section
No. Date Section this Code
217(cont'd). 4 6-86
5 6-88
6 Rpld 6-89-6-99
I 7 Rnbd 6-1000 as
6-89
8 6-175
I 9,10 13-24, 13-25
11,12 13-27, 13-28
13 Rpld 13-29-13-70
I 14 13-86
15 13-90
16-19 13-92-13-95
I 20 Rpld 13-96-13•100
21 13.5-5(bxl),
(2)
22 13.5-5(cxl),
i (2)
23,24 14-44, 14-45
25 22-4(01)b.
I 26 22-12(bx3)
b.3.
27,28 22-12(d), (e)
I 29 28-42(a)
30 28-42(bxl),
(2)
31 28-42(c)
~ 32 Rpld 28-56(h)
33 28-67(a)
34 28-69
35 28-75(b), (c)
36 28-76(a)
37 28-77(a)
38 28-138(d)
218 5-26-81 1(A-C) 9.5-1-9:5-3 I
2(A-M 9.5-11-9.5-18 '
~ 3(A, B) 9.5-26, 9.5-27
4-6 9.5-28-9.5-30
7(A-D) 9.5-41-9.5-44
8,9 9.5-51, 9.5-52
10 9.5-61
11 9.5-66
12(A-C) 9.5-71-9.5-73
219 6- 8-81 1 Rpld 19-58(b), (c)
Added 19-58(b)--(e)
Supp. No. 18 2007
AIiDEN HII.L3 CODE
Qrdinance 9ection
No. Date 8ectioa this Code
220 8-31•81 1 3-16
2 3-38(e)
221 8-31-81 1 13-24(00)
2 13-24(pp)
3 13-24(qq)
222 10-13-81 1 6-16
223 4-12-82 1 21-4(B1(22Xc)
2,3 21-702), (B)
224 5-10-82 1 Ch. 4, Art. I,
Div. 1(title)
2 4-1-4-3(cls)
3 Rpld 4-4
4,5 4-4-4-22
697 13-13, 13-14
8 13-24(rr)
225 7-26$2 1 4-25-4-29
2 13-24(ss)
226 8-23-82 App. B
227 11- 8-82 1 App. B, Art. II,
§ 1(Ax2)
228 12-13-82 1,2 4-12, 4-13
3 4-22(e)
4 4-23
229 10-11-83 1-3 9-31-9-33
4 9-38
5-7 9-35-8-37
9 9-34
230 3-14-83 1 App. B, Art. I,
$ 2(O)
231 11-28-83 1 28-112(a)
. 2 28-114
232 11-28-83 1 28-55(a)
2 28-128(a)
233 2-11-85 1 App. B, Art. III,
§1
2-4 App. B, Art. III,
§ § 3-5
5 App. B, Art. V,
§ 3(B)
6 App. B, Art. VI,
§4
234 10-15-84 1 Rpld 3-16(a)
Rnbd 3-16(b}-(e)
as 3=16(a}-(d)
2 3-71
Supp. No. 18 2008
CODE COMPARATIVE TABLE
Ordinance Section
No. Date Section thia Code
235 12-27-84 1-12 App. A, § II,
D(8)> (9), (23), (46),
(54),(56),(64),(81),
(84),(85),(109),
(14?)-(149)
13 App. A, § V E
14,15 App. A, § VI
A(5), (8)
16,17 App. A, § VI
13(2)(c), (3)(a)
18,19 APP• A, § VI>
E(i)(f)> (g)
20 Rpld App. A, § VI E(9)
21,22 App. A, § VI
E(10), (14)
I 23-25 App. A, § VI
F(3)(a), (4)(b), (c)
26 App. A, § VI H
27 8-2
28 14•1
29 14-6
236 6-24-85 1 App. B, Art. III,
§ 5(D)
237 9-30-85 1-7 20.5-1-20.5-3,
20.5-11-20.5-14,
20.5-21, 20.5-22,
20.5-26-20.5-34,
20.5-41-20.5-50,
20.5-56-20.5-58,
20.5-66
238 8-12-85 1 Rpld 18-1-18-8,
18-18-1&30
2 Added 1&1
239 4-28-86 1 2-18
240 7-14-86 1-11 2.5-1-2.5-11
242 9- 9-$6 1 19-48(a)
243 8-25-86 1 2•17
I 245 11-11-86 1 3-41(c)
246 6- 8-87 1 Ch. 26, Art. II
title
2 26-22 '
3 Rpld 26-22(b)
Added 26-23
4 Rpld 26-29, 26-30
5,6 26-24, 26-25
8 Ch. 26, Art. II,
Div. 2 (title)
9 26-31-26-48
Supp. No. 22 2009
ARDEN HILLS CODE
Orctinance Section
No. Date $eotion this Code
10,11 26-35, 26-36
12 26-42
13 26•45
14-16 26-49-26-51
251 1- 3-89 1 6-75
2 6-128
3 16-2(4)
252 1-25-88 1 21-7(h)
255 3-14-8$ 1 App. A, § VI
G(3)
257 4-25-88 1,2 19-58(e), (f)
258 6-13-88 1 28-19
259 7-25-88 1 21-5
260 5-14-89 16-2(1)-(1.3)
262 9-25-89 1-11 App. B
263 9-25-89 1-12 App. B
264 9•11-89 Rpld 2-49-2-46
265 12•11-89 5-1-5-13 4-31-4-43
266 3-26-90 3-16
267 3-26-90 5-6 4-36
268 7•30-90 5•1-5-8 4-31-4-38
5-10-5-22 4-40-4-42
5-13 Added 4-43
5•14 R.nbd 4-43 '
as 4-44
269 8-27-90 2-90-2•93
270 9-10-90 App. A, § V B,
D(9), E, F
App. A, § VIII H
271 9-10•90 App. A, § N A(1)
272 9-24-90 26-3
273 10- 9-90 App. A, § XIV A
, 274 11-13-90 26-3(1)
275 1- 2-91 19-1-19-27
276 1- 2-91 20-16
20-18
20-24
Rpld 20-17
20-22, 20-23,
20-29
App. A, § IX
277 4- 8-91 App. A, Sec. V,
B, E, F
Added App. A, Sec. VIII,
I-K
278 4- 8-91 App. A, § IV,
A(2)-(6)
279 4- 8-91 6-16
Supp. No. 22 2010
CODE COMPARATIVE TABLE
Ordinance Section
No. pate 6etstion thie Code
280 4•29-91 App. B, Art. It, §
$
App. B, Art. III,
§4
App. B, Art. 111,
§ 5(B)-(D)
App. B, .4rt. III;
$8
App. B, Art, III,
§ io
App. B,Art, VI,
§ 4(E)(4)
App. B, Art, VI,
§ 5(B)
:App. .,Qxt, VIII,
§ 4(C)('t)
APP• B. Art, VIII.,
$ 5(A)
APP• B, Art, XIV,
§ 2(C)
Rpld App. B, Art, Iti,
§ 5(D)(1)-(3)
APP• B, Art. 1X,
§ 1,
(B)(2)(d)
App. B, Art, XIV,
§ 2,
(C)(1)-(8)
281 5-13-91 22-9(a),
(b)(1)-(6)
Rpld 22-5(d)(7)
22•9(b)(7)
Supp. No. 22
2011 [The next page is 20251
CODE INDEX
A
ABANDONED PROPERTY Section
Claim by owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-22
Disposal
Generally 16-20
Nuisance abatement 16-1 etseq.
Nuisances. See that title
Sale 16-23
Disposition of proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-24
Storage 16-21
ABANDONED VEHICLES
Impoundment 16-31
Notice 16-32
Nuisance abatement 16-1 et seq.
Nuisances. See that title
Sale 16-33
Disposition of proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-35
Reimbursement by owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-36
Summary action 16-34
ABSENTEE BALLOTS
Precinct re established, etc 2-90 et seq.
Elections. See that title
ADMINISTRATION. See specific subjects
ADVERTISING
Arden Hills Parks System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-51(m)
Commercial advertising distribution permit . . . . . . . . . . . . . . . 13-90, 13-93
Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-24
Signsand billboards 21-1 etseq.
Signs and billboards. See that title
AESTHETICS
Zoning (Appendix A). See that title
AFFIRMATION. See: Oath, Aff"irmation, Swear or Sworn
AFFIRMATIVE ACTION PROGRAMS, MATTERS RE
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
AIR CONDITIONING
Building permits in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et sey.
Building permits. See that title
Water regulations 28-16 etsey.
Water and sewers. See that title
Supp. No. 20 2025
AftDEN HILLS CODE
AIR POLLUTION Section
Nuisance abatement 16-1 etseq.
Nuisances. See that title
Open burning 9-16 et seq.
Fires. See that title
AIR ItAIDS
Civil defense regulationa 7-1 et seq.
Civil defense, etc. See apecific titlea pertaining to civil de-
fense ,
AIR RIFLES
Weapons regulations 17-36 etseq.
Firearms and weapons. See that title
AI.ARM SXSI'EMS
I Administrative rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5-9
Alarm repoi•t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5-5
APPeals process 2.5-6
Confidentiality 2.5-10
Definitions 2.5-3
EnforcPment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5-11
False alarms
Reporls uf; notice to alarm user . . . . . . . . . . . . . . . . . . . . . . . . 2.5-4
Fees, payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5-7
Penalties 2.5-11
Purpose 2.5-2(b)
Scope 2.5-2(a)
Title 2.5-1
UsPrf'ees;notice 2.5-5
Violations, penalties 2.5-11
ALCOHOLIC BEVERAGES
Amusements
Arcades
Partial exclusion for liquor licensees . . . . . . . . . . . . . . . . 4-23
Coin-operated amusement devices
Partial exclusion for liquor licensees . . . . . . . . . . 4-13
Consumption of alcoholic beverages prohibited . . . . . . . . . . . . 4-22(b)
Arden Hills Pazks Syetem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4•510)
Beer
Malt beverages. See hereinbelow that subject
Businesslicense fees 13-24 etseq.
Children. See within this title: Minors
Clubs
Restrictions on sale 3-3
Compliance with other regulationa 21-2
Definitions 3-1
Exceptions 21-3
Supp. No. 20 '
2026
CODEINDEX
ALCOHOLIC BEVERAGES-Cont'd. Section
Intoxicating liquors
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Consumption on premises not licensed . . . . . . . . . . . . . . . . . . . . 3-21
Disorderly houses 2-27
Display during prohibited hours 3-19
Drunkards, delivery to 3-23
Equipment, fixtures, etc.
Ownership 3-28
Ethyl alcohol, neutral spirits prohibited . . . . . . . . . . . . . . . . . 3-30
Gambling 3-27
Hours of consumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-17
Hoiirs of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-18
Hours ofsale 3-16
In,ormation tostate 3-51
Inspections, right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-57
Licenses
Applications 3-42 etseq.
Area information re . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-43
Classification 3-38
Determination of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-44
Display 3-58
Disposition of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-46
Duration 3-54
Federalstamps 3-40
Supp. No. 20
2026.1
CODEINDEX
ALCOHOLIC BEVERAGES-Cont'd. Section
Fees 3-44 et seq.
Licenaes and permite. See that title
' Granting 3-49
Informetion to etate 3-51
Inepections re 3-57
Inveatigation of applicant 3-43.1
Liquorin unlicensed premiNS 3-53
Malt bevezagee. See within this title that subject
Payment of fees 3-46
, Personaineligible for 3-39,3-41
i Refund of feee 3-47
Renewals 3-55
Required 3-37
Required feee 3-45
Reaponaibility of licensee . . . . . . . . . . . . . . . . . . . . . . . . . . 3-52
Right of entry relative to,,,,,,,,,,,,,,,,,,,,,,,,,, 3-57
Subjectto law 3-50
I Surety bond,other security 3-48
Suapeneion and revocatioa 3-59
Transfer 3-58
TYPes 3-37
Minors
ABe, mierepresentinQ 3-26
Delivery to 3-23
Employment 3-24
Inducing to purchase,etc 3-2
Procuring for 3-25
Package, refillinQ, tampering with . . . . . . . . . . . . . . . . . . . . 3-29
Reeponaibility oflicensee 3-52
Ftight of entry forinspection 3-57
' Sale to certain penons after notice . . . . . . . . . . . . . . . . . . . 3-20
Security bond,other security 3-48
Licenaes. See within this subtitle that wbjrct
Subject to law 3-50
Unlicensed places, liquor in 3-53
Licensea
Into:icating liquon. 9ee within tbL title tlMt wbject
Malt beverages. 3ee within this title that wbject
Malt beverages
Busineselicense feee 13-24 et eeq.
Closing hours 3-71
Consumption in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-72
Federalliquor stsmps 3-100
Gambling on premi"a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-80
Licenses
Application 3-89
; Classi£cation 3-88
Supp. No.14
2027
ARDEN HILLS CODE
ALCOHOLIC BEVERAGES-Cont'd. Section
Display 3-98
Duration 3-102
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-93 et seq., 13-24 et seq.
Issuance 3-95
Personsineligible 3-90
Placesineligible 3-91
Prohibited interests 3-99
Proration 3-102
Refund offees 3-94
Required 3-87
Responsibility of licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-101
Revocation 3-103
Rightof entry re 3-92
Subjecttolaw 3-97
Transfer 3-96
Liquor consumption and display . . . . . . . . . . . . . . . . . . . . . . . 3-79
Intoxicating liquor. See within this title that subject
Liquorstamps 3-100
Manufacturer or wholesaler, prohibited interests . . . . . . . . . . 3-99
Minors
Consumption by 3-78
Employment 3-75
Misrepresentation of age 3-74
Possession by 3-77
Procurementfor 3-76
~ Prohibitedinterests 3-99
Responsibility of licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-101
Rightof entry 3-92
Salerestricted 3-73
Subjecttolaw 3-97
Minors
Inducing to purchase, procure liquor or beer . . . . . . . . . . . . . . 3-2
Intoxicating liquors. See wtttrin this title that subject
Malt beverages. See within this title that subject
Recreational vehicles, operating while under influence 26-39
Wine
Alcoholic beverage licengng. See: Licenses and Permits
ALLEYS
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
Public ways in general. See: Streets and Sidewalks
Subdivision regulations 22-1 etseq.
Subdivisions. See that title ~
AMUSEMENTS AND AMUSEMENT PLACES
Arcades
Alcoholic beverages, consumption of prohibited . . . . . . . . . . . 4-22(b)
Definitions 4-15
Supp. No. 14 2028
0
CODE INDEX
AMUSEMENTS AND AMUSEMENT PLACES-Cont'd. Section
Exits/entrances 4-22(h)
Fire hazards 4-22(B)
Hours of operation 4-22(c)
Illu
, jraination 4-220)
Insurance 4-21
Laws, compliance with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-220)
License
Application, required information in . . . . . . . . . . . . . . . . . . 4-17
Fees 4-18
Granting of 4-19
I'neligibility . . . . . . . . . . . . 4-20
Licensure, conditiona of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-22
Posting 4-22(k)
Required 4-16
Liquor licensees, partial exclusion of . . . . . . . . . . . . . . . . . . . . 4-23
Minors, entrance of prohibited under certain circumstances . 4-22(e)
Smoking prohibited 4-22(i)
Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-22(d)
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Coin=operated amusement devices
Certain devices notregulated 4-14
Defined 4-4
Hours of operation by minors 4-12
Insurance 4-10
License
Application, required information in . . . . . . . . . . . . . . . . . . 4-6
Display 4-11
Fee 4-7
Ineligibility 4-9
Investigation by police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-8
Issuance 4-8
Required 4-5 I
Liquor licensees, partial exclusion for . . . . . . . . . . . . . . . . . . . 4-13
1`ruants; hours of operation by minors . . . . . . . . . . . . . . . . . . . 4-12
Driving ranges, fees
Honra operation prohibif,ed 4-3
Illumination 4-2
Proximity to buildings 4-1
Gambling, authorized . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 4•31 et seq.
Gambling. See that title
Gambling devices
Defined 4-25
License
Fees 4•28
Issuance 4-29
Police,investigation by 4-29
Required 4-27
Supp. No. 19 2029
ARDEN HILLS CODE
AMUSEMENTS AND AMUSEMENT PLACES--Cont'd. Section
Minnesota statutes
Incorporation by reference of Section 349.26 of Statutea, as
amended 4•26
Limited, temporary permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-83 et seq.
Licenaes and permits. See that title
Minors in amusement places, curfew . . . . . . . . . . . . . . . . . . . . . . 17-24
Parks and recreation 4-46 etseq.
ANIMALS AND FOWL
Arden Hills Parks System
Animals generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-51(b)
Equestrian activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-50(h)
Molesting wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-51(c)
Biting animals
Quarantine of 5-1
Citations and impoundment of dogs. See within this title: Dogs
Definitions 5-2
Dogs
Biting or attacking persons
Destruction of certain doga . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37
Citations and impoundment
Authority to impound and issue citations . . . . . . . . . . . . . . 5-56
Interference with officers 5-63
Notice to owner of impoundment . . . . . . . . . . . . . . . . . . . . . 5-58
Place of impoundment 5-57
Redemption by owner; fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-59
I Redemption by person othen than owner . . . . . . . . . . . . . . . 5-61
Release 5-60
Unredeemed dogs, disposition of . . . . . . . . . . . . . . . . . . . . . . 5-62
Definitions 5-31
Destruction of certain dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37
Destruction or damage to property
, Destruction of certain dogs . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37
Diseased dogs, keeping . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 5-36
I Feces
Owner's responsibility for cleaning up and disposal of 5-33
Howling and barking dogs declared unlawful; exception; com-
plaint; notice; warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-35
Impourniment. See within this subtitle: (;itations and Im-
poundment
Kennels
Permit
Duration; nontransferability . . . . . . . . . . . . . . . . . . . . . . 5-67
Issuance, standards for 5-68
Required 5-66
Revceation; failure to maintain sanitation standards 5-69
Sanitation standards 5-69
Supp. No. 19
2030
ANIMALS AND FOWL-Cont'd. CODEINDEX Section
License
Duplicate licenses for loat tags or address changes; fee 5-47
Initial fee; fee for duplicate tag . . . . . . . . . . . . . . . . . . . . . . . 5-47
Nontransferability of license tag . . . . . . . . . . . . . . . . . . . . . 5-4$
Rabies vaccination prerequisite for jssuance . . . . . . . . . . . . 5-49
Records to be kept by city . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-52
I, Required;form 5-46
I Taga
Affixing license and vaccination tags to dog collar 5-50
Counterfeittags 5-51
Muzzling proclamation by mayor . . . . . . . . . . . . . . . . . . . . . . . 5-38
Nuisances
Owner to prevent 5-34
Rabies vaccination
Prerequisite for license issuance . . . . . . . . . . . . . . . . . . . . . 5-49
Running at large
Control 5-32
Mobile home courts, in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-29
Mobile home courts. See that title
Vicious dogs, keeping 5-36
Violations;penalties 5-29
Impoundment
Citations and impoundment. See within this title: Dogs
Kennels. $ee within this title: Dogs
Mobile home courts, at large in . . . . . . . . . . . . . . . . . . . . . . . . . . 14-29
Mobile home courts. See that title
Quarantine
Biting animals, quarantine of . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
Rabies vaccination of dogs
Prerequisite for license issuance . . . . . . . . . . . . . . . . . . . . . . . 5-49
Zoning (Appendix A). See that title
ANNEXATION
Zoning (Appendix A). See that title
ANTIQUE SHOPS
, Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
ARCADES
Amusement arcades 4-15 etseq.
Amusements and amusement places. See that title
ARDEN HILLS, CITY. See: Municipality
ASSESSMENTS
Taxation and special assessments . . . . . . . . . . . . . . . . . . . . . . . . 24-1 et seq.
Taxation and special assessments. See that title
Supp. No. 21 2031
ARDEN HILLS CODE
ATOMIC BOMB DISASTERS Section
Civil defense regulations 7-1 et seq.
Civil defense, etc. See specific titles pertaining to civil de-
fense
AUTOMOBILE SERVICE STATIONS. See also: Service Stations
Zoning (Appendix A). See that title
AUTOMOBILES. See: Motor Vehicles and Other Vehicles
AVENUES
Street definitions 1-2
Public ways in general. See: Streets and Sidewalks
B
BAKERIES
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13•24 et seq.
BARS AND SALOONS
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
BB GUNS
Weapons regulations 17-36 etseq.
Firearms and weapons. See that title
BEACHES
Dogs on 5-5
BEAUTY SHOPS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
BEER
Alcoholic beverage regulatory and licensing provision 3-1 et aeq.
Alcoholic beverages. See that title
BENCHES
Courtesy benches, shelters. See that title
~ BICYCLES
Arden Hills Parka System 4•50(d)
BIGOTRY, PREJUDICE, ETC.
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
BILLBOARDS. See: Signs and Billboards
BILLIARDS
Businesslicense fees 13-24 etseq.
Supp. No. 21
2032
CODEINDEX
BINGO Section
Authorized gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-31 et seq.
Gambling. See that title
Businesslicense fees 13-24 et seq.
BLACK RACE
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
BLACKOUTS
Civil defense regulations 7-1 et seq.
Civil defense, etc. See speci6c titles pertaining to civil de-
fense
BLOCKS
Subdivision regulations 22-1 et seq.
Subdivisions. See that title
BOARD OF APPEALS AND ADJUSTMENT
Zoning (Appendix A). See that title
BOARDS AND COMMISSIONS
Advisory committee of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-37
City council. See that title
Board of appeals and adjustment
Zoning (Appendix A). See that title
Civil defense advisory committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-54 et seq.
` Civil defense advisory committee. See that title
Civil defense agency 7-23 et seq.
Civil defense agency. See that title
Delegation of authority
Code definitions and rules of construction . . . . . . . . . . . . . . . . . 1-2, 1-3
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
Joint authority
Code definitions and rules of construction . . . . . . . . . . . . . . . . . 1-2, 1-3
Minimum requirement for action . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-74
Personnelregulations in general 19•1 et seq.
Officers and employees. See that title
Planning commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-16 et seq.
Planning commission. See that title
Quorum 2-72
Voting required 2•73
BOAT DEALERS, RENTALS, ETC.
Businesslicense fees 13•24 etseq.
BOATS
Arden Hiils Parks System . . . . . . . . . . . . . . . . 4-50(e)
Lake Johanna regulations 12-16 et seq.
Lake Johanna. See that title
Supp. No. 21 2032.1
CODE INDEX
BOATS-Cont'd. Section
Statement of sale 15-1
Zoning (Appendiz A). See that title
BOULEVARD
Code defmitions and rulm of construction . . . . . . . . . . . . . . 1-2. 1-3
Public ways in general. 3es: Strest@ and $idewelb
BOULEVARD TREE3
Planting 27-16 et req.
Trees and shrubbery. See tiut title
BOUNDAR,IES
Shorelands management; provisions re . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
Zoning (Appendia A). See that title
BOWLING ALLEY3
Businen licenae fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
aows Auvn ARR,ows
weapons regulasions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-96 os .eq.
Firearms and weapons. See that title
BRA33 KNUCKLE3
Weapons regulations 17-96 et Nq.
Fireerms snd aroaposu. 3es that tiUe
BUILDERS' LICEN3ES
Applicatiom 6-147
Bond required 6-148
Building psrmits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et ssq.
Buildin6 PsrmiL. See that title
Electrical wiring lioensing requiremenb . . . . . . . . . . . . . . . . 6-149
Exceptions 6-146
Homeowners 6-146
Iavestigations rs 6-147
R,equi:ed 6-144
Revocation 6-160
BUILDING IN3PECTIONB
(Note-In oonjunction with the subjscts Wted hersia. See
conaomitent provisiom in buildins ps:mia)
Approvals required 6-114
Conceslment 6-117
Electricalinspsctions 6-119
Finalimpectiom 6-121
Framework,oonoealing 6-117
Inspection reoord cerd 6-118
Other inepsctions, when . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-118
R,einspsctions 6-120
Supp. No. ll
ARDEN HILLS CODE
BUILDING IN3PECTION5-Cont'd. Section
Iteqaired 6-112 et wq.
Specialinspection@ 6-11$ `
Water wellinspections 6-163
Water wells. See that title
BUILDING INSPECTORS
Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-39
Appointments 6-31
Contlict of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-38
Cooperation with other officials . . . . . . . . . . . . . . . . . . . . . . . . . . 6-48
Deputies 6-31
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-37
Electricalinspector
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 6-33
Enforcement 6-39
Heating inspector
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-35
Judgement 6-42
Landscapeinspector
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-36
Liability 6-47
Mandatory repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-44
Occupancy violationa 6-46
Passing on questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-42
Plumbing inspector
Qualifications . . . . . . . . . . . . . . . . 6-34
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-32 et seq.
Reports and records 640
Rightofentry 641
Safetytests 643
Stop orders 6-45
BUILDING MOVING
~ Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-48 et seq.
Building permits. See that title
BUILDING PERMITS
(Note-Inspections and fees, other matters. See: Building
Inspections)
, Air conditioning permit fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-97
' Applications 6-64
Diaplay 6-74
Double permit fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-87
Driveway construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-90
Excavation permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-25 et seq.
Excavations. See that title
Exceptions 6-63
Ezpiration 6-75
3npp. No. 11 2034
BUILDING PERMITS-Cont'd. CODEINDEX Section
I Fees,schedule 6-84 etseq.
Floodplain management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5-41 et seq.
Insurance requiremeats 6-62
Ieananoe 6-67
Portion of building 6-72
Landscape performance and guarantee bond or letter of
credit 6-69
Landacaping and screeninginspection feea 6-89
Licensing requirementa 6-144 etseq.
Builders' licenses. See that title
Miacellaneous construction permit feea . . . . . . . . . . . . . . . . . 6-88
Plan-checking feee 6-85
Plans and apecificationa 6-65
Endoraement 6-70
6-70
Information 6-66
Retention 6-71
Portion of building
Iaeuance for 6-72
Reinepection fee 6-86
Required 6-60
Sidewalk conatruction 6-90
Signs, etc., to comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-2
Sign permits 21-4
Signs and billboerds. 3ee that title
3tatelicenees required 6-61
Steam, hot water, etc., fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-95
3ubdiviaion regulatione . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et seq.
Subdivieions. 3ee that title
3uepension or revocation 6-76
3wimming poolregulatioaa 23-1 et seq.
Swimming pools. 3ee that title
. Validity 6-73
Warm air heating system permit fem . . . . . . . . . . . . . . . . . . 6-95
Zoning coneiderations 6-68
Zoning. 3ee that title
Zoning (Appendia A). See that title
BUILDING3 (Generally)
Alarm systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5-1 et seq.
Alarm systems. See that title
Cable communications
I Service to public buildings. See: Cable Communications Sys-
tem Franchise (Appendix B)
Certificates of occupancy
Building pernuits. See that title
Change in aee 6-129
Displsy 6-132
Supp. No. 13 2034.1
I
ARDEN HILLS CODE
BUILDINGS (Generally)-Cont'd. Section
Issuance 6-130
Rsquired 6-128
Temporary certificate 6-131
Codes
Building code 6-16
Amendments 6-17
Unsafe buildings 6-18
Mobile home court requirements . . . . . . . . . . . . . . . . . . . . . . . 14-19
Signs, etc., to comply 21-2
Signs and billboards. See that title
Driving rangesnear 4-1
' Excavation regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 et seq.
Excavations. See that title
Floodplain management 9.5-1 etseq.
Mobile home court requirements . . . . . . . . . . . . . . . . . . . . . . . . . 14-19 et seq.
Nuisance abatement 16-1 etseq.
Nuisances. See that title ~
Sewer regulations 28-89 etseq.
Water and sewers. See that title
Subdivision regulations 22-1 etseq.
Subdivisions. See that title
Swimming pool regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1 et seq.
Swimming pools. See that title
Unsafe buildings 6-18
Violations 6-1
Water regulations 28-16 etseq.
Water and sewers. See that title ~
Zoning (Appendix A). See that title
BULK FUEL STORAGE
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
BULK LIQUID STORAGE
Zoning (Appendix A). See that title
BURGLAR ALARMS. See: Alarm Systems
BURNING
Open burning 9-16 etseq.
Fires. See that title
BUSINESS ESTABLISHMENTS
Occupational license requirements in general . . . . . . . . . . . . . . 13-1 et seq.
Licenses and permits. See that title
Supp. No. 13 20342
CODEINDEX
C
CABLE COMMUNICATIONS SYSTEM FRANCHISE (Appen-
dix B) Art./Sec.
I (Note-Citations refer to articles and sections contained within
Appendix B)
Abandonment X.3
Acceptance, time of; guarantee; incorporation of offering; exhibits XIV 2
Access requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.5
Administration and advisory body
Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII.1
Advisory body . XIII.2
Delegation of authority by city . . . . . . . . . . . . . . . . . . . . . . . . . XIII.3
Applicable laws and court decisions severability . : . . . . . . . . . . . XIL5
Bond VIII.5
Cable, gas, electric, etc., franchises . . . . . . . . . . . . . . . . . . . . . . . App. B
Channel capacity . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . III:1
Complaints N2
Conditions of use V.5
Construction standards V.4
Construction timetable V.3
Control, transfer of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII.1
Court. decisions, applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII.5
Default
Crossdefault . . IX2
Notice and default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX.1
Definitions 1.2
Design of syatem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III
Educational institutions, service to . . . . . . . . . . . . . . . . . . . . . . . 111.7
,
Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.4
Foreclosure X.1
Franchise fee, rates, charges, changes in fees and procedures VI.4
Franchise renewal VI.5
General provision on rights and remedies . . . . . . . . . . . . . . . . . . XII.4
Grant of authority and general provisions
Agreement II.3
, Area II.5.
Authority granted II2
Confirmation II.10
Eminent domain powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.6
Franchiseterm II.4
Grant of franchise and acceptance . . . . . . . . . . . . . . . . . . . . . . II.1
Police powers II.6
Rights ofindividuals II.9
Use of grantee facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.7
Written notice . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 11.8
Indemnification and insurance
General VIII.1, VIII2
Insurance VIII.3.
Supp. No. 18 2035
ARDEN HILf.S CODE
CABLE COMMUNICATIONS SYSTEM FRANCHISE (Appen- '
dix B)-Cont'd. Art•/Sec•
-
Information availability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI.1
Initialservice area V.1
Institutional network . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . 111.6
Interconnection III.S
Interruption ofservice IV.2
Jointsystem XiV.l..
Laws, applicable . . . . . . . . . . . . . . . . . . . . . . . . H . . . . . . . . . . . . XII.5
Letter of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIiI.4
Line extension policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V2
Narrowcasting 111.9
Otherfranchises XIV.1
,
Picture quality . . . . . . . . . . . . . . . . . : . . . . . . . . . . : . . . . . . . . . . 111.2
Programming and services IV.1 '
Public buildings, service to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.7
Purchase of system
General XI.1
Prceedures XI2
R.ates and charges for franchise, changes in fees and procedures VI.4
Receivership X2 '
~
Regional channel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . 111.10
Removal after termination or revocation . . . . . . . . . . . . . . . . . . XII2
Renewal of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI.S
Revocation, removai after . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII2
Rights and remedies, general provision on . . . . . . . . . . . . . . . . . XII.4
Schools, service to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.7
' Service area,initial V.1
Service contract VI.2
Services and programming N1
.
Severability XIL5
Shorttitle 11
Special channel and access requirements . : . . . . . . . . . : . . . . . . 1II.5
Subscriber network 111.1
Subscriberpractices VI.3
Systems operations VI
TecHnical requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.2
Termination, removal after . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII2
Transfer of ownership or control . . . . . . . . . . . . . . . . . . . . . . . . . XII.I
Two-way capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.3
Validity of franchise, grantee acknowledgment of . . . . . . . . . . . XII.B
Work performed by others . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII.3
CAFES Section
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Restaurants 10-16 etaeq.
CALLINGS
Occupational license requirements in general . . . . . . . . . . . . . . 13-1 et seq.
Licenses and permits. See that title
Supp. No. 18 2036
CAMPER TRAILERS CODEINDEX Section .
I Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17 et seq.
Mobile home courts. See that title
Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1 et aeq.
Mobile homes. See that title
CAMPING
Arden Hills Parks System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50(i)
Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-30
Permits 13-90,
13-93
CANDY CONCESSIONS, ETC.
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
CANVASSERS. See: Peddlers, Canvassers and Solicitors
CAR WASH ESTABLISHMENTS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
CARCASSES OF DEAD ANIMALS
Nuisance abatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1 et seq.
Nuisances. See that title
CARNNALS. See: Circuses and Carnivals
CATERERS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
CATS
Rabiescontrol 5-97 etseq.
Animals and fowl. See that title
CEMETERIES
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
CHEMICAL WARFAR,E, ETC.
Civil Defense regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 et seq.
Civil defense, etc. See specific titles pertaining to civil defense
CHILDREN. See: Minors
CHRISTMAS TREE SALES
Licenses and permits 13-90
CHURCHES
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
CIGARETTES
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Supp. No. 18 2037
ARDEN HILLS CODE
CINDERS, SOOT, GAS OR FUMES Section
Nuisance abatement 16-1 etseq.
Nuisances. See that title
CIRCULARS
' Commerical advertising distribution permit . . . . . . . . . . . . . . . 13-90, 13-93
CIRCUSES AND CARNIVALS
Permita 13-90,13-93
CITY: See: Municipality
CITY COUNCIL
Advisory committee 2-37
~ Attendance,compelling 2-33
Code of ordinancea
Amendments to code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-54 et seq.
Code of ordinancee. See also that title
Code definitions and rulee of conatruction . . . . . . . . . . . . 1-2, 1-3
Copies of ordinances 2-47
Election
Date of 2-16
Mayor
Authority at meetingo 2-34
Meetinga
Adjournment 2-20
Advisory committee 2-37
Amendment of rules 2-30
Legislation. See within this title that eubject
Mayor,authority 2-34
Minutes, keeping 2-36
Open to public 2-22
Quorum 2-33
' Regular meetings 2-19
Robert's ftules to govern 2-31
ftulee 2-29 et seq.
Special 2-21
Voting.8enerally 2-35
Ordinance book 2-47
Presiding officer 2-32
Salaries of inembere 2-18
Terme of councilmen, mayor, etc . . . . . . . . . . . . . . . . . . . . . . . 2-17
CITY EMPLOYEFS. See: Officers and Employeee
CITY FORESTER
Office created 27-52 ,
Trees and shrubbery. See that title
Su
pp. No. 18 2038
~
CODE INDEX
CITY PROPERTY. See: Property Section
CITY REVENUE. See: Finances
CIVIL DEFENSE ADVISORY COMMITTEE
Advisory body 7-58
Appointment 7-56
Chairman 7-67
Compeneation 9-56
Created 7-54
Officers 7-57
Secretary 7-57
Terms of office 7-55
CIVIL DEFENSE AGENCY
Created 7-23
Functionsin general 7-25
Generalaupervieion 7-24
Labor dieputea, politics, etc.
Participation in 7-27
Organization 7-26
CIVIL DEFENSE DIR,ECTOB
Ahnualreport 7-42
Appointment 7-34
Commandcer eervices, property, etc . . . . . . . . . . . . . . . . . . . . 7-41
Compensation 7-36
Comprehensive plan 7-44
Controlcentere 7-47
Duty to coordinate activities . . . . . . . . . . . . . . . . . . . . . . . . . . 7-40
Emergency facilities 746
Ezpenaes 7-36
Generalreaponsibility 7-37
Governor's orders, etc.
Duty to ezecute,carry out 7-39
Removal 7-35
Repreaentation of city on other organizations........... 7-38
Studiea, making 7-43
Surveys 7-43
Training 7-45
CIVIL DEFENSE (Generally)
Air raid violations 7-10
Atomic attack, nuclear attack, hostile action, etc. j
Civil defense definitione and regulations . . . . . . . . . . . . . . 7-3 i
Blackout violatione 7-10 ,
City liability coastrued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7
City personnel, eervices, etc.
Uae of 7-8
Civil defense a government function . . . . . . . . . . . . . . . . . . . 9-4
Supp. No. 3
2039
ARDEN HILLS CODE
CIVIL DEFENSE (Generelly)-Cont'd. Section
Definitions 7-3
Emergency regulations
Conflicting proviaiona 7-86
Ezpiration 7-85
E:traordinary acts during emergency . . . . . . . . . . . . . . . . . 7-87
Isauance, when effective 7-84
Promulgation authorized 7-83
Enemy attack, eabotage, fire, flood, earthquake, etc.
Definitions and regulations re . . . . . . . . . . . . . . . . . . . . . . . 7-3
Federal, atate authoritiee, cooperation with . . . . . . . . . . . . . 7-5
Intergovernmentalcoordination 7-2
Mutual aid agreementa 7-8
Policy and purpose 7-1
Prohibited illuminations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-10
, Special police 7-6
~ CIVIL DEFENSE VOLUNTEERS
Compensation 7-68
Firearma, use of 7-70
Identification 7-69
Inaignia 7-69
Loyalty 7-66
Personnel regulationa inapplicable . . . . . . . . . . . . . . . . . . . . . 7-71
Recruitment 7-65
Subject to call, when 7-67
CLEANERS AND LAUNDRIES
Busineaslicenae fees 13-24 et seq.
CLINICS
Veterinazy clinics
Businesslicenae fees 13-24 et seq.
CLUBS AND LOUNGES
Alcoholic beverage regulatory and licensing provisions 3-1 et eeq.
Alcoholic beverages. 3ee that title
Business licenee feee 13-24 et aeq.
CODE OF ORDINANCES'
Altering or tsmpering with code . . . . . . . . . . . . . . . . . . . . . . . 1-9
Amendmente to code
Effect 2-54
Lan8ue8e 2-56
•Note-The adoption, emendment, repeal, omisaione, effective date,
ezplanation of numbering eystem and other matters pertaining to the use,
oonatruction and interpretation of this Code are contained in the adopting
ordinance and preface which are to be found in the preliminary pages of
thia volume. '
Supp. No. 3
2040
CODE INDEX
CODE OF ORDINANCES-Cont'd. Section
Legislation, procedures of council in general. See: City Council
Manner of amending . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 2-55
New material 2-57
Repeals
Ef£ect 2-58
Subjectto general penalty 2-59
Second reading of ordinances, amendments . . . . . . . . . . . . . . . . 2-46
Supplementation of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-60
Catchlines or headings of sections
Effect 1-6
Numbering system expiained. See the preface to this volume
City councii, legislative proqedures . . . . . . . . . . . . . . . . . . . . . . . 2-44 et seq.
City council. See that title
Conflicting provisions 1-7
Definitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . 1-2
When derinitions inapplicable 1-3
Designated and cited, how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
General penalty 1-10
Violations. See hereinbelow that subject
Incorporation by reference 1-4
Legislation, procedures of council . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-44 et seq.
City council. See that title
New materials 2-57
Amendments to code. See hereinabove that subject
Parenthetical and reference matter
Construed,effect 1-5
Penalties. See hereinbelow: Violations
Police power extended to city property . . . . . . . . . . . . . . . . . . . . . . 1-8
References to code,conflicts 1-7
Repeal of ordinances
Amendments, repeal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-58
Amendments to code. See within this title that subject.
Effect 1-13
5everability parts of code 1-12
Standard codes, rules and regulations
Incorporation by reference 1-4
Supplementation of code 2-60
Violations
Amendments subject to general penalty . . . . . . . . : . . 2•59
Continuing 1-10
General penalty 1-10
Penalty not exclusive 1-11
COIN-OPERATED MACHINES AND DEVICES
Businesslicense fees 13-24 et seq.
Coin-operated amusement devices . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4 et seq.
Amusements and amusement places. See that title
Supp. No. 21 2041
AR.DEN HILLS CODE
COMMERCIAL SIDEWALK SALES Section
Permits 13-90, 13-93
COMMITTEES. See: Boards and Commiasions
Cable communication system franchise (Appendix B). See that
title
COMPREHENSIVE DEVELOPMENT PLAN
Zoning (Appendix A). See that title
CONCEALED WEAPONS
Weapons regulations 17-36 et seq.
Firearms and weapons. See that title
CONFLICTS
Conflicting provisions of codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7
CONTRACTORS
Builders'licenses 6-144 etseq.
Builders' licenses. See that title
COUNTY
Code definitioMS and rules of const
ruction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
COURTESY BENCHES,SHELTERS
Permits 13-92,13•93
CRIMES
, Criminal offenses in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-1
CURBS AND GUTTERS
I Mobile home court atreets and sidewalks 14-82 et seq.
Zoning (Appendix A). See that title
CURFEW. See: Min
ora
D
DANCING AND DANCE HALLS
Businesslicense fees 13-24 et seq.
DANGEROUS BUILDINGS
Unsafe buildings 6-15
Buildings. See that title
DANGEROUS WEAPONS
Weapons regulations 17-36 etseq.
Firearms and weapons. See that title
DEAD ANIMALS
Nuisance abatement 16-1 etseq.
Nuisances. See that title
Supp. No. 21 2042
I
CODE INDEX
DEFINITIONS Section
General definitions interpreting code 1-2
DELEGATION OF AUTHORITY
'I Code de6nitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
DEMOLITION
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. See that title
Unsafe buildings 6-18
DENSE SMOKE
Nuisance abatement 16-1 etseq.
Nuisances. See that title
DEPARTMENTS
Civil defense agency 7-23
Civil defense agency. See that title
Code references to specific entities, rules of construction re 1-2
Delegation of authority
Code definitions and rules of construction . . . . . . . . . . . . . . . . . 1-2, 1-3
Excavation regulations 8-1 et seq.
Excavations. See that title
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et aeq.
Human rights commission. See that title
Joint authority
Code definitions and rules of construction . . . . . . . . . . . . . . . . . 1-2, 1-3
Personnel regulations in general 19-1 et seq.
Officers and employees. See that title
Zoning board of appeals and adjustment
Zoning (Appendix A). See that title
DEVELOPMENTS
Mobile home court development standards . . . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See that title
Planning commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-16 et seq.
Planning commission. See that title
Shorelands management; provisions re . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
DILAPIDATED STRUCTURES
Unsafe buildings 6-18
Buildings. See that title
DINING ROOMS I
Business license fees 13-24 et seq. '
Restaurants 10-16 et seq.
DIRECTOR OF CIVIL DEFENSE. See: Civil Defense Director
Supp. No. 21 2043
i
DISAGREEABLE ODORS ARDEN HILLS CODE Section
Nuisance abatement 16-1 etseq.
Nuisances. See that title
DISASTERS
Civii defense regulations 7-1 et seq.
Civil defense, etc. See specit"ic titles pertaining to civil de-
fense
DISCARDED, DISMANTLED, ETC., VEIiICLES
Abandoned vehicles 16-31 et seq.
Abandoned vehicles. See that title
DISEASE CONTROL
Physical examination of food handlers . . . . . . . . . . . . . . . . . . . . . . 10-18
Rabies control 5-97 et seq.
Animals and fowl. See that title
Water wells, contaminating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-185
Water wells. See that title
DISORDERLY HOUSES
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
DISTRIBUTION LINES
Underground installation of distribution lines . . . . . . . . . . . . . . . 28-152 et seq.
Underground utilities. See that title
DISTRIGTS
Shoreland management districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5•26 et seq.
Shoreland management. See that title
Zoning (Appendix A). See that title
DITCHES
Excavation regulations 8-1 et seq.
Excavations. See that title
DOGS. See: Animals and fowl
DRAINAGE
Excavation regulations 8-1 et seq.
Excavations. See that title
Supp. No. 21 2044 '
DRAINAGE-Cont'd. CODEINDEX Section
I Sewer regulations 28-89 etseq.
Water and sewers. See that title
Swimming pools 23-17
Swimming pools. See that title
Zoning (Appendix A). See that title
DRA:NAGE CHANNELS
Subdivision regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et seq.
Subdivisions. See that title
DRINKING ESTABLISHMENTS
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
~ Alcoholic beverages. See that title
DR.NE-IN BUSINESSES
Zoning (Appendix A). See that title
DRIVER'S LICENSES
Motor vehicle rentals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-21
Motor vehicles and other vehicles. See that title
DRIVEWAYS
i Building permits in genexal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et seq.
Building permits. See that title
Mobile home court streets and sidewalks . . . . . . . . . . . . . . . . . . 14-82 et seq.
Zoning (Appendix A). See that title
DRNING RANGES
Fees,etc 4-1 etseq.
Amusements and amusement places. See that title
DRUGS AND MEDICINES
I ftecreational vehicles operated on while under influence 26-39
DRUGSTORES
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
DRUNKARDS
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
I DRY CLEANING
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
DUST AND DIR.T
Excavation control 8-55
DUTCH ELM DISEASE
Shade tree protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-50 et seq.
Trees and shrubbery. See that title
Supp. No. 20 2045
ARDEN HILLS CODE
DWELLINGS Section
Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17 et seq.
Mobile home courts. See that title
Mobile homes 14-1 etseq.
Mobile homes. See that title
E
EARTHQUAKES
Civile defense regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 et seq.
Civii defense, etc. See specific titles pertaining to civil defense
EASEMENTS
Subdivision regulationa 22-1 et seq.
Subdivisions. See that title
~ EATWG HOUSES
Restaurants 10-16 et seq.
ELECTIONS
Absentee ballot precinct
Duties 2-93
Election board 2-92
Established 2-90
Polling place 2•91
Councilmen 2-16
City council. See that titie
ELECTRIC DISTRIBUTION SYSTEM FRANCHISE (Appendix
' B)
Cable, gas, electric, etc., franchises . . . . . . . . . . . . . . . . . . . . . . . App. B
ELECTRICAL AND RADIATION EMISSIONS
Zoning (Appendix A). See that title
ELECTRICAL CODE
Swimming pools to conform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-18
Swimming pools. See that title
ELECTRICAL INSPECTIONS
Generally 6-119
Building inspections. See that title
ELECTRICAL INSPECTOR
Building inspectors in general 6-31 etseq.
Building inspectors. See that title
ELECTRICIANS
Licenserequirementa 6-149
Builders' licenses. See that title
Supp. No. 20
2046
ELECTRICITY CODEINDEX Section
Building pp-rmits in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et seq.
Building permits. See that title
Cable, gas, electric, etc., franchises . . . . . . . . . . . . . . . . . . . . . . . App. B
ELECTRONIC DEVICES
Zoning (Appendix A). See that title
ELM TREES
Protection of shade trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-15 et seq.
1Yees and shrubbery. See that title
EMBALMING ESTABLISHMENTS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
EMERGENCIES
Civil defense provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1
Civil defense, etc. See that title
EMINENT DOMAIN
Cable communications system franchise (Appendix B). See that
title
EMPLOYEES OF CITY. See: Officers and Employees
i
Supp. No. 20 2046.1
ENCftOACHMENTS CODEINDtX Section
Zoning (Appendiz A). See that title
ENEMY ATTACK
Civil defense regulations 7-1 et eeq.
' Civil defenee, etc. 3ee specific titles pertaining to civil
defense
I EQUAL OPPOFtTUNITY MATTERS
Human righta commiesion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et eeq.
Human righte commission. See that title
EQUIPMENT RENTAL
Buainesalicenee fees 13-24 et seq.
EROSION CONTSOL
Ezcavation regulations 8-1 eteeq.
E:cavations. 3ee that Citle
ETHYL ALCOHOL
Alcoholic beverage regulatory and liceneirtg provieions 3-1 et seq.
Alcoholic beveragee. See that title
EXCA VATIONS
Additional regulatione, when . . . . . . . . . . . . . . . . . . . . . . . . . . 8-49
Appeala 8-13
Appearance of surrounding areae 8-56 .
duildinge,atructuree 8-57
Clerk-administrator
Dutiea 8-6
Completion 8-10
Complience with performance etpndards . . . . . . . . . . . . . . . 8-48
Conflicting provisions 8-4
Consent,etc 8-11
- Definitiona 8-2
Diatribution linee, underground inetallation of . . . . . . . . . . 28-156
Underground utilities. See aleo that title
Duat and dirt control 8-56
Enforcing officer . . . . . . . . . . . . . .
8-5
Fencing requirements 8-50
Houre of operation 8-54
Inspectiona 8-7
Intent 8-1
Lighting requirementa 8-58
No coneent 8-11
Noiae control 8-53
Nonconformance 8-8
Performance standatda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-4$ et eeq.
Permits
Application 8-27
Bond.............................................. 8-30
' Supp. No. 13 2047
ARDEN HILL3 CODE
EXCAVATIONS-Cont'd. 3ection
Ezception 8-26
Ezpiration 8-34
Feea 8-32
Insurancx 8-31
Iesuance
Procednre 8-33
Operation pians 8-28
Renewal 8-36
Required 8-25
Site rehabilitation 8-29
Purpose 8-1
Records 8-9
Sanitary landfill provisione, contlicte with . . . . . . . . . . . . . . 8-4
Setbacka 8-52
Slope of banks,etc . 8-51
Variancee 8-12
Violationa and penaltiee 8-3
, Zoning ordinance,conflicts with 8-4
EXPLOSIVES AND BLASTING AGENTS
Firecode provisionsre 9-38
Fire code. See that title
EXPRESSWAY
Street definitions 1-2
Public ways in general. $ee: 3treete and Sidewalke
F
FALSE ALARMS. See: Alarm Systems
FAST FOOD R.ESTAUR,ANTS
Zoning (Appendia A). See that title
FEDERAL LIQUOR STAMPS
Alcoholic beverege regulatory and licensing provisione 3-1 et eeq.
~ Alcoholic beverages. See that title
FENCES, WALL3, HEDGES AND ENCL03URE3
Building permits iw generel . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et eeq.
Building permits. See that title
Encloeure of area under mobile home . . . . . . . . . . . . . . . . . . 14-26
Mobile home courts. 3ee that title
Ezcavations 8-50
E:cavatione. 3ee that title
Mobile home court developmeat standards . . . . . . . . . . . . . 14-53 et eeq.
Mobile home courta. See Lhat title
Supp. No. 13
2048
CODEINDEX
FENCES, WALLS, HEDGES AND ENCLOSURES-Cont'd. Section
Swimming pool safety fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-19
Zoning (Appendix A). See that title
FILLING STATIONS. See: Service Stations
FINANCES
Lawful gambling fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-36
Public works reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 et seq.
Public works reserve fund. See that title
Taxation and special assessments . . . . . . . . . . . . . . . . . . . . . . . . 24-1 et seq.
Taxation and special assessments. See that title
FINES, FORFEITURES AND PENALTIES
Generalpenalty 1-10
Penalty notexclusive 1-11
Specific penalties. See specific offenses
FIRE ALARMS. See: Alarm Systems
FIftE CODE
Adoption 9-31
Appeals from decisions of fire chief . . . . . . . . . . . . . . . . . . . . . . . 9-37
Definitions 9-32
Enforcement
Chief of fire department to serve as enforcing officer 9-33(a)
Inspectors 9-33(b)
Explosives and blasting agents
Storage of
Districts wherein prohibited
Establishment of limits of . . . . . . . . . . . . . . . . . . . . . . . . . 9-38(d)
Flammable or combustible liquids
New. bulk plants for
Districts wherein prohibited
Establishment of limits of . . . . . . . . . . . . . . . . . . . . . . . . . 9-38(b)
Outside aboveground tanks, storage in
Districts wherein prohibited
Establishment of limits of . . . . . . . . . . . . . . . . . . . . . . . . . 9-38(a)
Liquefied petroleum gases
Bulk storage of
Districts wherein prohibited I
Establishment of limits of . . . . . . . . . . . . . . . . . . . . . . . . . 9-38(c)
Penaltiesfor violations 9-34
Permits
Establiahment of fees for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-36
New materials, processes or occupancies requiring 9-35
FIRE EXTINGUISHERS
Mobile home courts 14-34
Supp. No. 19
2049
ARDEN HILLS CODE
FIRE HAZARDS Section
Amusement arcades
Fire hazards 4-22(g)
I Unsafe buildings 6-18
Buildings. See that title
FIRE HYDRANTS
, Mobile home court development standards . . . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See that title
Water regulations 28•16 et seq.
Water and sewers. See that title
FIRE MARSHAL, STATE
Zoning (Appendix A). See that title
FIREARMS AND WEAPONS
Aiming prohibited 17-38
Arden Hills Parks System 4-51(fl
Cazrying concealed 17-41
Definitions 17-36
Discharge restricted 17-42
Minors
Furnishing to 17-39
Use by 17•40
Permits 17•43
Prohibited, generally 17-37
FIRES
Arden Hills Parks System 4-51(b)
Civil defense regulations 7-1 et seq.
Civil defense etc. See apecific titlea pertaining to civil defense
Open burning
Prohibited, when 9-18
II Refuse collection service available 9-17
Regulations adopted 9-16
FIREWORKS
Arden Hills Parks Syatem 4-51(f)
Purchase and displaY, Permits 13•92,
13-93
FISHING
Arden Hills Parks System 4-50(c)
FLAMMABLE OR COMBUSTIBLE LIQUIDS
i Fire code provisions re 9-38
Fire code. See that title
FLEA MARKETS
Permits and fees 13•90, 13-93
Licenses and permits. See that title
Supp. No. 19
2050
FLOODPLAIN MANAGEMENT CODEINDEX $ection
Abrogation and greater restrictions . . . . . . . . . . . . . . . . . . . . . . $.5-15
Amendments 9.5-68
Applicability 9.5-11
Building permits $.5-41
Compliance $.5-14
Definitions 915-19
Enforcing officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.s-71
Findings of fact 9.6=2
General application, permit, uee, etc., requirementa . . . . . . . . . 9.5=44
Interpretation 9.5-13
Nonconforming uses
Conditions for continuance; elimination . . . . . . . . . . . . . . . . . 9.5•61
Purpose 9.$•3
Severability 9.6•17
Special uae permit 9.5-42
Statutory suthorization 916•1
Subdivisions and mobile home parks
Construction in subdiviaions . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5-51
New and existing mobile home parks . . . . . . . . . . . . . . . . . . . . 9.5-52
Variances 9.5-43
Violations
Additional recourae 9.5-73
Penalty 9.5-72
Waming and disclaimer of liability . . . . . . . . . . . . . . . . . . . . . . . 9.5-16
Zoning districts
Designation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5-26
Flood fringe district (FF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5-29
Floodway district (FW) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5-28
General floodplain district (GFP) . . . . . . . . . . . . . . . . . . . . . . . 9.5-30
Uses prohibited generally 9.5-27
Zoning map, establishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5-12
FLOODS
Civildefense regulationa 7-1 eteeq.
Civil defense, etc. See specif'ic titles, pertaining to civil defense
FOLLOWING, PRECEDING
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
FOOD AND FOOD SERVICES
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et aeq.
1Zestaurants 10-16 etseq.
. . . .
Restaurants. See that titie
Zoning regulations for drive-in businesscs, f:ist faxl restaurants, .
etc.
~ Zoning (Appendix A). See that title
FORESTER
Office created 27_5l
Trees and shrubbery. See that title
Supp. No. 20 2051
ARDEN HILLS CODE
FORFEITURES. See: Fines, Forfeitures and Penalties Section
FOWL. See: Animals and Fowl
FFtANCHISES
Cable, gas, electric, etc., franchises . . . . . . . . . . . . . . . . . . . . . . . App. B
FREEWAY
Zoning (Appendix A). See that title
FUEL STORAGE, BULK
Business license fees . . . . . . . . . . 13-24 et seq.
FUEL SUPPLY
I~ Mobile home court development standards . . . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See that title
FUMES, GAS, SOOT Oft CINDERS
Nuisance abatement . . . . . . . . . . . . . . . . . . . . . . 16-1 et seq.
Nuisances. See that title
FUNERAL PARLORS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
G
GAMBLING
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
Authorized gambling
Agelimit 4-42
I Bingo occasions, restriction on number of . . . . . . . . . 4-39
De6nitions 4-31
Inspection of premises and recorda . . . . . . . . . . . . . . . . . . . . . . . . 4-41
Lawful gambling fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4•36
License
Number of licenses authorized . . . . . . . . . . . . . . . . . . . . . . . . . . 4-38
Local gambling tax 4-35
Location of operation 4-37
Premiaes permit
Application; criteria for isauance . . . . . . . . . . . . . . . . . . . . . . . 4-33
Investigation fee 4-34
~ Reports 4-40
Severability 4•44
Trade area restriction 4-43
Unauthorized gambling prohibited . . . . . . . . . . . . . . . . . . . . . . . . 4-32
Gambling devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-25 et seq.
Amusements and amusement places. See that title
GARAGESALES
Permit 13-92, 13-93
Supp. No. 20 2052
CODEINDEX
GARBAGE AND TRA.SH Section
Arden Hilis Pazka System
Waste and litter 4-51(c)
Arrangementfor service 11-17
Collection restricted 11•16 et seq.
DeGnitions 11-2
Depositing restricted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Dumping 11-5
Frequency ofcollection 11-18
Garbage and refuse collection
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Mobile home court requirements . . . . . . . . . . . . . . . . . . . . . . . . . 14-32
Nuisance abatement 16-1 etseq.
Nuisances. See that title
Open burning 9-16 etseq.
Fires. See that title
Purpose ofprovisions 11-1
Storage 11-4
Vehicles transporting I1-19
Zoning (Appendix A). See that title
GAS
Ceble, gas, electric, etc., franchises . . . . . . . . . . . . . . . . . . . . . . . App. B
GAS AND OIL BURNERS, APPLIANCES, ETC.
Building permits in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et seq.
Building permits. See that title
Underground utilities. See that title
GAS DISTRIBUTION 5YSTEM FRANCHISE (Appendix B)
Cabie, gas, electric, etc., franchises . . . . . . . . . . . . . . . . . . . . . . . App. B
GAS, FUMES, SOOT OR. CINDERS
Nuisance abatement 16-1 etseq.
Nuisances. See that title
GASOLINE STATIONS. See: Service Stations
GENDEft
Code definitions and rules ofconstruction . . . . . . . . . . . . . . . . . . 1-2, 1-3
GENERAL CONTRACTORS
Builders' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-144 et seq.
Builders' licenses. See that title
GLARE
Zoning (Appendix A). See that title
GOLF RANGES, ETC.
Drivingranges 4-1 e6seq.
Amusements and amusement places. See that title
Businesslicensefees 13-24 etseq.
Supp. No. 21 2053
I
ARDEN HILLS COAE
GRASS FIRES Section
Open burning 9-16 etseq.
Fires. See that title
GREASE TRAPS
Sewer regulations 28-89 etseq.
Water and sewer. See that title
GRIEVANCES
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
GROCERY STORES
Business license fees 13-24 etseq.
GROUP PICNICS
Permits 13•90,13-93
GROUP RELATIONS
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
GUNS
Weapons regulations 17-36 et seq.
Firearms and weapons. See that title
~ GUTTERS AND CURBS
Mobile home court streets and sidewalks . 14-82 et seq.
H ~
HANDBALL COURTS, ETC.
Buainesslicense fees 13-24 etseq.
HANDBILLS
Commercial advertising distribution permit . . . . . . . . : . . . . . . . . 13-90, 13-93
HEALTH AND SANITATION
Contaminated water wells 6-185
Water wells. See that title
Dogs; diseased or vicious dogs 5•36
Animals and fowl. See that title .
Kennels;sanitation standards 5-69
Dogs. See: Animals and Fowl
Nuisances 16-1 et seq.
Nuisancea. See that title
Restaurantregulations 10-16 et seq.
Sewer regulations 28-89 et seq.
Water and sewera. See that title
HEALTH INSURANCE
Officers and employees 19-47
Officers and employees. See that title
Supp. No. 21 2054
CODE INDEX
HEAT Section
Zoning (Appendix A). See that title
HEATING
Building permits in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et seq.
Building permits. See that title
Inspectors 6-31 et seq.
Building inspectors. See that title
HEATING CONTRACTbRS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
HEIGHT REGULATIONS
Zoning (Appendix A). See that title
HIGHWAY
Street definitions 1-2
Public ways in general. See: Streets and Sidewalks
HOLIDAYS
' Personnel re 19-20
HOME OCCUPATIONS
Zoning (Appendix A). See that title
HORSES
Arden Hills Parks System 4-50(h)
, HOT WATER, STEAM, ETC., PERMITS
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
I Building permits. See that title
HOTELS
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
HOUSE MOVING
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3 et seq.
Building permits. See that title
HOUSE-TO-HOUSE SALESMEN
Peddlers' permits, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1 et seq. I
Peddlers, canvassers and solicitors. See that title
HOUSE TRAILERS '
Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17 et seq.
Mobile home courts. See that title
Mobile homes 14-1 et seq.
Mobile homes. See that title
HOUSING
Mobile home courts 14-17 et seq.
Mobile home courts. See that title
Supp. No. 21 2054.1
~
ARDEN HILL3 CUDE
HOUSING-Cont'd. Section
Mobile homes 14-1 et seq.
Mobile homes. See that title
Unsafe buiidings 6-18
Buildings. See that title
HUNLAN RIGHTS COMMIS9ION
Appointment of inemberg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-84
Compensation 2-87
Composition 2-83
Duties 2-88
Period established 2-81
Supp. No. 21 2054.2
CODE INDEX
HUMAN RIGHTS COMMISSION-Cont'd. Section
Purpose 2-82
Removal of inembers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-85
Responsibilities 2-88
Terms of inembers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-84
Vacancies, filling . . . . . . . . . . . . . . . . . . . . . . . , . , , . . . 2-86
HUNTING AND FISHING
Arden Hills Parks System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-51(c)
HYDROPHOBIA
Rabiescontrol 5-97 etseq.
Animals and fowl. See that title
I
ILLUMINATION
Driving ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2
Lighting of excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-55
Mobile home court streets and sidewalks . . . . . . . . . . . . . . . . . . 14-82 et seq.
! Swimming pools 23-20
"IN THE CPPY"
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
INCINERATORS
, Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-48 et seq.
Building permits. See that title
INDIAN RACE
Human rights commiasion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
INDUSTRIAL WASTES
Sewer regulations 28-89 etaeq.
Water and sewers. See that title
INFANTS. See: Minors
' INNOCULATION
Rabiescontrol 5-97 etseq.
Aniual&-and fawt See-that title
INTOXICATIIVG LIQUOR
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
ITINERANT FOOD VENDORS
Business license feea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
ITINERANT VENDORS
Provisionsre 13-95
Supp. No. ll 2055
I
ARDEN HI
LUS CODE
J
JOINT AUTHORITY Section
Code definition* aad rules ot oonstructioa . . . . . . . . . . . . . . 1-2, 1-S
JUNK
Abandoned velucles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31 at .sq.
Abaadoned vehicles. Sss that title
JUVENILE3. 3ss: Minon
H
KE1vIVEI.3
An3mab and fowl. Ses that tide
KNIVES
ilVeapons regulationa 17-36 etisq.
Firearms and weapons. 3es that title
1CNUCKLEB
Weapons regulatiow 17-36 st.ssq.
Firearms and wroapoas. 3es that title
L
LABOR DISPUTES
Civil defetue agency participatins in . . . . . . . . . . . . . . 7-27'
Human righb commission . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et wq.
Human rights commiwion. 9e6 thutt titls
LAKEJOHANNA
Lws, regulations
Adopted I2-17.
Enforcement 12-19
Violations 12-18
Muimum spesd of watsraai2 12-28
Opsn spsed sone 12-29
Restrictions dnring osrtain houn . . . . . . . . . . . . . . . . . . . . 18-90
Pu*Po". intent aad applicatim . . . . . . . . . . . . . . 12=16
SP"d rones . 12-27
Direction of trawC durin~ uanstrjcted spesd timm 12-31
$urfue soning map 12-20
Watercreft
Nomanctioned racias proWbited . . . . . . . . . . . . . . . . . . . 12-32
3peed zones 12-27 et *eq.
Supp. No. 11 2056
LAKEFRONT LOTS CODEINDEX Section
Zoning (Appendix A). See that title
LAKES OR STREAMS
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
Shoreland management; classification of lakes . . . . . . . . . . . . . 20.5-26
LAND USE -
Zoning (Appendix A). See that title
LANDFILL
Excavation regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 et seq.
Excavations. See that title
LANDSCAPING
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permit fees. See that title
Excavation regulations 8-1 etseq.
Excavations. See that titie
Inspectors 6-36
Building inspectors. See that title
Service station requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-33
Zoning (Appendix A). See that title
LANES
Street definitions 1-2
Public ways in general. See: Streets and Sidewalks
LAUNDRIES
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
LAW
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
LAWSUITS. See: Suits and Pleas
LEASES. See: Rentals and Leases
LICENSES AND PERMITS
(Note-In conjunction with the subjects listed herein which
apply to licenses, etc., in general, see also specific occupa-
tions, trades, professions, businesses, etc.)
Alcoholic beverage licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1 et seq.
Alcoholic beverages. See also that title
Applications
Forms 13-5
Generally 13-4
Limited, temporary permits. See within this title that subject
Other requirements. See specific businesses, trades, occupa-
tions, professions, etc.
Arcade licenses 4-16 etseq.
Amusements and amusement places. See that title
Supp. No. 20
2057
ARDEN HILLS CODE
LICENSES AND PERMITS-Cont'd. Section
Arden Hills Parks System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-49 et seq.
Billboards. See hereinbelow: Signs
Boulevard trees 27-31 etseq.
'Irees and shrubbery. See that title
Builders'licenses 6-144 etseq.
Builders' licenses. See that title
I Building and construction permits in general . . . . . . . . . . . . . . . 6-70 et seq.
Building permits. See that title
' Certificates of occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-128 et seq.
Buildings. See that title
Circular distributors. See within this title: Advertising Distributors
Coin-operated amusement devices; licenae regulations 4-5 et seq.
Amusements and amusement places. See that title
Compliance withlaw 13-7
Dog kennel licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-66 et seq.
Animals and fowl. See that title
Dogs, licensing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-46 et seq.
Animals and fowl. See that title
Embalmers. See hereinbelow: Mortuary Establishments
Excavation permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-25 et seq.
Excavations. See that title
Expiration of license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-10
Fees
Establishment by resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24
Late payment, penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-28
' Minimum fees 13-27
Other fees. See elsewhere herein specific occupations, tradea,
businesses, etc.
Paymentrequired 13-25
Prorating 13-26
Filling stations. See hereinbelow: Service Stations
Fire code, permits required by . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-35, 9-36
Fire code. See that title
Firearms permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-43
Forms 13-5
Funeral parlors. See hereinbelow: Mortuary Establishments
Gambling premiaes permit; license . . . . . . . . . . . . . . . . . . . . . . . . . 4-33 et seq.
Gambling. See that title
, Gambling devices; license regulations . . . . . . . . . . . . . . . . . . . . 4-27 et seq.
Amusements and amusement places. See that title
Gasoline stations. See hereinbelow: Service Stations
Handbill distributors. See within this title: Advertising
Distributors
Supp. No. 20 . 2058
.
CODEINDEX
LICENSES AND PERMIT3-Cont'd. Section
Inspections and inveetigations
Duty of city officers 13-8
Duty ofliceneees 13-9
Issuance
Limited, temporary permits. See within this title that
subject
Kennels for doga 5-66 et seq.
Dogs. See: Animals and Fowl
Liability insurance required . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
Licenses required 13-2
Limited, temporary permits
Activitiea for which permit fees not required . . . . . . . . . . 13-92
Additionalregulationa 13-88
Application 13-84
Approvals, required by whom . . . . . . . . . . . . . . . . . . . . . . . . 13-93
Cancellation 13-89
Duration 13-87
Fees
I, Established by reaolution 13-90
Waiver of 13-85
I Garage salea, limit on duration and cecasion 13-94
Isauance 13-86
Itinerant vendors subject to Chapter 18 . . . . . . . . . . . . . . 13-95
Required 13-83
Locations of premisea, changing . . . . . . . . . . . . . . . . . . . . . . . 13-11
Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17 et seq.
Mobile home courts. See that title
Mobile homes 14-1 et seq.
Mobile homea. See that title
Permits, limited. See hereinabove: Limited, Temporary
Permits
Peraona subject to provisiona 13-3
Poeting oflicenses 13-12
Purpose of provisiona 13-1
Recreation. See hereinabove: Amusements and Recreation
Shooting permita 17-43
Sign permits 21-1 et aeq.
Signs and billboards. See that title
Subdiviaion regulationa . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . 22-1 et seq.
Subdiviaions. See that title
Sump pump syatems, permits for . . . . . . . . . . . . . . . . . . . . . . . . . 28-114
Conatruction requirements for sewers. See: Water and Sewers
Suspeneion, revceation of licenses
Authorization 13-13
Hearing 13-14
Swimming pool permits 23-1 et seq.
Swimming pools. See that titie
3upp. No. 11 2059
ARDEN HJI.LS CODE
LICENSES AND PERMITS-Cont'd. Section
Tazicab regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1 et seq.
Taaicabs. See that title
Temporary permita. See hereinabove: Limited, Temporary
Permita
Tree permita 27-31 et seq.
Trees and shrubbery. See that title
Water regulationa 28-16 et seq.
Water and sewers. See that title
Water wells 6-172 et seq.
Water welle. See that title
Weapons perinits 17-43
Zoning permita
Zoning (Appendiz A). See that tftle
LIGHTING. See also: Illumination
Zoning (Appendia A). See that tit]e
LIQUEFIED PETROLEUM GASES
Fire code proviaions re . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-38
Fire code. See that title
LIQUOR
Alcoholic beverage regulatory and licensing proviaiona 3-1 et seq.
Alcoholic beverages. See that title
LOADING
Zoning (Appendiz A). See that title
LOTS
Shorelands management; provisions re . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
Subdiviaion regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et seq.
3ubdivipions. See that title
LOUNGFS AND CLUB3
Alcoholjc beverage regulatory aad licensins provisions 3-1 et seq.
Alcoholic beverages. See tbat title
LUNCHROOMS
Restaurants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-16 st "q.
11[
MALT $EYERAGE3
Alcaholic beverage regulatory and licsnsins provisions 3-1 et wq.
Alcoholic beverages. 3ss tlut title
3upg. No. 11 2M
CODE WDEX
~
MANUFACTURED HOMES. See: Mobile Homes Section
1VIAP
Zoning (Appendii A). See that title
MAS3AGE. RAP AND $AUNA PARLOR3
Construction 13.5-9(a)
Definitions 15.6-2
License
Applicetion; contenta thereof
Busineea license 18.54(a)
Changea in application infordution . . . . . . . . . . . . . . . . . 18.54(d)
Personal eervics licene; maseeura and masseuees 13.54(b)
Verifications I3.5-4(a)
$upp. Na 9 2060.1
I
C,ODE INDEX
MASSAGE, RAP AND SAUNA PARLORS-Cont'd Section
Grant or denial
Business license 13.5-8(a)
Personal serviee licenses; masseurs and masseuses..... 13.5•8(b)
Investigation fees 13.5•5(b)
Investigation;type oflicenses 13.5-5(a)
License fees 13.5-5(c)
License year . 13.5-5(d)
Limitation on number . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.5-1
Prnhibited
Appeal by aggrieved applicant 13.5-7(d)
Businese license....................................... 13.5•7(a)
Clerk•administrator's denial of application 13.5-7(c) .
Council procedure 13.5-7(e)
Personal service licenses 13.5-7(b)
r
Renewai
Manner and type of application . . . . . . . . . . . . . . : . . . . . . . . . . 13.5•6(b)
Necessity for application 13.5•6(a)
Time of renewal application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.5-6(c)
Required
Business license 13.5-3(a)
Exceptions 13.5-3(c)
Personal service license; masseurs and masseuses 13.5-3(b)
Revocation 13.5-10
Suspension 13.5-10
Maintenance 13.5-9(b)
Operation 13.5-9(b)
Statementof policy 13.5-1
Violations; penalties . . . . . . . . . . . . . 13.5-11
Zoning (Appendix A). See that title
MAY,SHALL
Code definitions and rules of construction . . . . . . . . . . . . . . . . . 1-2, 1-3
MAYOR
Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-17
City council. See that title
MEAT AND MEAT PRODUCTS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
MEDICINES. See: Drugs and Medicines
METAL KNUCKLES
Weapons regulations I 17-36 etseq.
r'irearms and weapons. See that title
MINING
Zoning (Appendix A). See that title
Supp. No. 19 2061
ARDEN HILLS CODE
MINNESOTA, STATE OF Section
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1•2, 1-3
MINNESOTA WATERS AND WATERCRAFT SAFETY LAWS
Lake uohanna regulations . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16 et seq.
Lake Johanna. See that title
MINORdTY RELATIONS
I3uman rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
MINORS (Juveniles, children, infants, etc.)
Alcoholic beverage regulatory and licensing provisions 3•1 et seq.
Alcoholic beverages. See that titie
Amusement arcades
Entrance of minors prohibited unless accompanied by parent
• or legal guardian 4-22(e)
Coin-operated amusement devices; hours of operation by minors.. 4-12
Gurfew
Amusement places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-24
Imposed 17-22
Parental duties and responsibilities . . . . . . . . . . . . . . . . . . . . 17-23
Gambling
Authorized gambling; age limit . . . . . . . . . . . . . . . . . . . . . . . . . . 4-32
Recreational vehicies, operation by . . . . . . . . . . . . . . . . . . . . . . . 26-33
Weapons regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-36 et seq.
Firearms and weapons. See that title
MISDEMEANORS
Criminal offenses in general 17-1
MOBILE HOME COURTS
Accessory structures 14-66
Advertising 14-24
Animals at large 14-29
Basic standards 14-20
Building code, application of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-19
Camping 14-30 _
Caretaker 14-22
Curbs and gutters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-89
Development requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-53 et seq.
Driveways 14-87
Enclosure of area under home . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-26
Fencing 14-62
Fire extinguishers 14-34
Fire hydrants 14-60
Floodplain management 9.5-52
Fuelsupply 14-74
Garbage, refuse control 14-32
Guests,parking 14-69
Supp. No. 19 2062
CODE INDEX
MOBILE HOME COURTS-Cont'd. Section
I Illumination of streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-88
~ Intent and purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17
,
I
Supp. No.19
2062.1
CODE3NDEX
MOBILE HOME COURT3-Cont'd. Section
Lots
Identif`ication 14-64
Percentage ofiotcoverage 14-67
Maintenance ofstructures 14-75
Minimum area 14-53
Minimum development 14-54
, Minimum site requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-65
Mobile homes. See also that title
I, Occupied by owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .r.: . . 14-18
Off-street parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-65 et seq.
Paving 14-82 etseq.
Permits
Application 14-43
Fees 14-44 etseq.
Inspections _ 14-46
Location 14-45
14-42
Procedure
Required 14-41
Private streets 14-82 etseq.
Public addresssystem 14-31
Recreationalareas 14-59
Register of cecupants 14-23
Rightofentry 14-21
Service Buildings 14-63
Sodding, trees required ..............i,.............. : 14-70
Specifications for mobile home stands . . : < . . . . . . . . . . . . . . . . . 14-71
Storage areas 14-61
Storm water disposal,approval 14-57
Streets and sidewalks
Access from lot to street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-83
Curbsand gutters 14-89
Driveways 14-87
Illumination 14-88
I Private streets 14-82
Sidewalks 14-90
Surface 14-84
Width of private streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-85
Width of roadways of private streets . . . . . . . . . . . . : . . . . . . . 14-86
Tie-downs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-72 et seq.
Traffic 14-33
'IYeesandsodding required 14-70
Underground utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-55
Utility connections, approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-56
Vegetation around perimeter 14-62
Vehicles prohibited 14-25
Water and sewer connections . . . . . . . . . . . . . . . . . . , . . . . . . . . . 14-28
Supp. No.14 2063
ARDEN HILLS CODE
, MOBILE HOME COUR,T3-Cont'd. Section
Water, ssnitation facilitim
Conformance to atato reoommeadatiom . . . . . . . . . . . . . . 14-58
Zoning (Appendi: A). See that title
MOBILE HOMFS (Geewnily)
Conflicts 14-3
Definitioas 14-1
Location outside oourta rMteicted . . . . . . . . . . . . . . . . . . . . . . 14-4
Manufactured homea 14-6
Permaneat foundattons prohib3tad . . . . . . . . . . . . . . . . . . . . . 14-5
Restraining actions 14-2
Zoning (Appendiz A). See that title
MONEY OF CITY. Ses: PYnanq"
MONTH
Code definitioza and rnlm of comtruction . . . . . . . . . . . . . . 1-2, 1-3
MORTUARY FSTABLI$HMENi'S
Businees Ucsnae fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
MOTOR HOMES - E
Mobile home courts 14-17 et`6q.
Mobile home oourts. See tbat title
Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1 et seq.
Mobile hom". See tlut title
MOTOR VEHICLES AND OTHER VEHICLFS
Abandoaed vehicles 16-31 et seq.
Abandoned vehicles. Sss tluit tiCle
DoBs ohuitg 5-5
Mobile home courta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-25
Motor vehicle reatab
Driver's licenses, 15-21
Itecords 15-22
Nuiaence abatement 16-1 et seq.
Nuiaences. See t4at titls
Recreationalvehicles 26-22 etseq.
1`rafric. See that title
Salea, rental
Busineea license feee 13-24 et seq.
Service stationa 15-31 et eeq.
Service stations. See that title
Statement of sale 15-1
Trafric regulations 26-1 et eeq.
Traffic. See that title
Zoning (Appendiz A). See that title
MOTORBOAT3
Lake Johanna regulations 12-16 et eeq.
Lake Johanna. 3ss that tttle
Supp. No.14 2064
CODEINDEX
MOVIE THEATERS Section
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
MOVING OF BUILDINGS
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. See that title
MiJNICIPAL PROPERTY. See: Property
MUNICIPAL UTII.ITIES. See: Utilitiea
MLTNICIPALITY
Definitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . 1-2
N
NEGRO RACE
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Huxnan rights commission. See that title
NOISES
Barking dogs 5-35
Excavation regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-53
Mechanical musical machines . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-34 '
Mobile home court public address systems . . . . . . . . . . . . . . . . . 14-31
Nuisance abatement 16-1 etseq.
Nuisances. See that title
Swimming pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-21
Zoning (Appendix A). See that title
NONCONFORMING USES, BUILDINGS
Shorelands management; provisions re . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
Zoning (Appendix A). See that title
NONINTOXICATING MALT BEVERAGES
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
NOTICE
Reasonable time conatrued re . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
NOXIOUS CONDITIONS
Fumes
Nuisance abatement 16-1 etseq. i
Nuisances. See that title
Zoning (Appendix A). See that title
NUCLEAR WARFAR,E, ETC.
Civil defense regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 et seq.
Civil defense, etc. See specific titles pertaining to civil defense
3upp. No. 11 2065
ARDEN HILLS CODE
NUISANCES Section
Abandoned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20 et seq.
Abandoned property. See that title
Abandoned vehicles 16-31 etseq.
Abandoned vehicles. See that title
Abatement by city 16-7
City's costs, etc., declared lien . . . . . . . . . . . . . . . . . . . . . . . . . 16-8
Definitions 16-1
Destruction of certain dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Animals and fowl. See that title
Diseased trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-50 et seq.
Trees and shrubbery. See that title
Dogs 5-34
Animals and fowl. See that title
Illustrative enumeration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-2
Mechanical musical machines . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-34
Noticeto abate 16-4
Contents of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-5
Service of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-6
~ Peddling and solicitation; nuisance provisions . . . . . . . . . . . . . . 18-1
Prohibited 16-3
I Unsafe buildings 6-18
I NUMBER
I Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
O
~
OATH, AFFIRMATION, SWEAR OR SWORN
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
OBNOXIOUS ODORS OR STENCHES
Nuisance abatement 16-1 etseq.
Nuisances. See that title
OCCUPANT,TENANT
I' Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
I
OCCUPATIONS
f Occupational license requirements in general . . . . . . . . . . . . . . 13-1 et seq.
Licenses and permits. See that title
ODORS
~ Zoning (Appendix A). See that title
OFF-STREET LOADING
Zoning (Appendix A). See that title
OFF-STREET PARKING
Zoning (Append'vc A). See that title
Supp. No. 11 2066
CODE INDEX
OFFENSES Section
Criminai offenaea,generally 17-1
Specific penaltiee, remedies, regulations, etc. See apecific
subjecta
OFFICERS AND EMPLOYEES
Application of personnel provisions 19-2
Appointments 19-5
' Building inspectors 6-31 et seq.
Building inspectors. See that title
Civil'defense director 7-34 et seq.
Civil defense director. See that title
Civil defense volunteers 7-65 et seq.
Civil defense volunteers. See that title
Code references to officials by title, etc.
Code definitions and rules of construction . . . . . . . . . . . . . . . . . 1-2, 1-3
Compensation plan 19-8
Conflict ofinterest 19-9
Definitions 19-4
Demotion................................................. 19-25
Discipline and discharge
Just cause 19•26
Supervisory authority re 19-27
Equal employment opportunity . . . . . . . . . . . . . . . 19-3
Forester,position created 27-52
~ Grievance procedure 19-24
Holidays 19-20
Layoff 19•25
Leaves of absence
Emergency leave 19-14
Extension ofleave 19-15
Funeralleave 19-14
Jury duty 19-18
Military leave 19-16
Parentalleave 19-19
Sick leave 19-13
Unpaid leave of absence 19-17
Performance evaluation 19-10
, Position classiCication plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-7
Rrobationary period 19-6
Purpose of personnel provisions . . . . . . . . . . . . . . . . . . . . . . . . 19-1
Resignation 19-22
Retirement 19-23
Service credit 19-11
Severance pay 19•21
Sexual harassment policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3 '
Vacations 19-12
Supp. No. 21 2067
ARDEN HILLS CODE
OFFICIAL TIME STANDARD Section
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
ORDINANCES. See: Code of Ordinances
OUTDOOR ADVERTISING
Signs and billboards 21-1 et seq.
Signs and billboards. See that title
OUTDOOR BURNING
Open burning 9-16 et seq.
Fires. See that title
P
PACKAGE STORES
Alcoholic beverage regulatory and licensing provisiona....... 3-1 et seq.
Alcoholic beverages. See that title
PARENTHETICAL MATTER IN CODE
Construed 1-5
PARKING
Abandoned vehicles 16-31 et seq.
Abandoned vehicles. See that title
Mobile home courts. See that title
Shorelands management; provisiona re . . . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
' Shorelands management. See that title
Traffic. See that title
Zoning (Appendix A). See that title
PARHING LOTS
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. See that title
PARK3 AND ItECREATION
Alcoholic beverage regulatory and licensing provisions 3-1 et aeq.
Alcoholic beverages. 3ee Lhet title
Arden Hills Parks System
Accese 4-48
Advertising 4-51(m)
Airborne activitiea 4-50(j)
Alcoholic end intozicating beverages . . . . . . . . . . . . . . . . . 4-51(j)
Animals 4-51(b)
Audio devices 4-51(h)
Bicycling 4-50(d)
Boating 4-50(e)
Cam
p'mg 4-50(i) .
Construction 4-51(P)
Defacement, destruction of property and reeources 4-51(a)
Supp. No. 21 ~
2068 '
CODEINDEX
PAR.KS AND RECREATION-Cont'd. Section
Definitions 4-47
Disturbing the peace 4-51(g)
Equeetrian activities 4-50(h)
Fire 4-51(d)
Firearms, weapone 4-51(t)
Fireworks 4-51(f)
Fiahing 4-50(c),4-51(c)
Gamee 4-51(1)
GeneralFonduct 4-51
Houre 4-48
I Hunting 4-51(c)
Loitering 4-51(i)
Molestit?wildlife 4-51(c
B )
Motorized recreation vehiclea 4-50(g)
Penalties for violation
Ejection 5-53(b)
Miedemeanor 4-53(a)
Permita 4-49
Picnicking 4-50(a)
Posted regulationa, directional eigns, graphica . . . . . . . . . 4-51(g)
Purpose 4-46
Salee, unlawful 4-51(n)
Separability 4-54
Smoking in encloeed structures 4-51(k)
Snowmobiling 4-50(f)
Soliciting alms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-51(0)
3pecialactivitiea 4-50
Swimming 4-50(b)
Traffic rules 4-52
Weate and litter 4-51(e)
Code defmitions and rules of cwnstruction . . . . . . . . . . . . . . 1-2, 1-3
Dogain 6-5
Driving rangea 4-1 et seq.
Amusements and amusement places. See that title
Lake Johanna regulations 12-16 et seq.
Lake Johanna. See that title
Lakes 12-16 et seq.
Lakes. See that title
Parking at parks, beaches, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-10
Traffic. See that title
Recreational areas
Mobile home court development standards . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See that title
Subdivision regulations 22-1 et seq.
Subdivisions. See that title
Supp. No. 21 2069
A1;,pEN HILLS CODE
PARKWAY Section
Street definitions 1-2
Public ways in general. See; $treet and Sidewalks
PATHWAY
Public ways in general. See; street and Sidewalks
PAVING
Mobile home court streets and sideyyalks. . . . . . . . . . . . . . . . . . . . 14=$2 et seq.
PEDDLERS, CANVASSERS A1VD 30LICITORS
Itinerant vendors.............. , , , . 18-95 •
Uninvited peddling and solicitatipn a nuisanee . . . . . . . . . . . . . . 18-1 "
PEDESTRIANWAY
Pubiic ways in general. See: 3treets and Sidewalks ~
Traffic regulations relative to pedestrians. See; Trafric
PENALTIES. See: Fines, Forfeitures and Penalties
PENDING PROCEEDINGS
Effect of repealof ordinance 1-13
PERMITS. See: Licenses and Permits
PERSONAL PROPERTY
Code definitions and rules and construction . . . . . . . . . . . . . . . . . 1-2, 1-3
Property in general. See: Property
PERSONNEL OF CITI'. See: Officers and Employees
PET ANIMALS. See: Animals and Fowl
PHOTOGRAPHER.S
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13•24 et seq.
PICNICS •
Arden Hills Parks System 4-50(a)
Permits 13•90, 13-93
Licenses and permits. See that title
PISTOLS
Weapons regulations 19-36 et seq.
Firearms and weapons. See that title
PLACES OF AMUSEMENT. See: Amusements and Amusement ~
Places
PLANNED UNIT DEVELOPMENT
Shorelands management; provisions re . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
Zoning (Appendix A). See that title
Supp. No. 21 2070
PLANNING COMMISSION COpE iNDEX Section
Appointments 20-16
Chairman 20•20
Heazings . . . 20-27
Other officers 20-21
Powers and general duties 20-24
Kecords 20-26
Reports . 20-28
Rules of procedure . 20-25
Terms of inembers 20-18
Vacancies,filling 20-19
Zoning (Appendix A). See that title
PLEAS. 3ee: 3uits and Pleas
PLUMBING
Building permite in generel . . . . . . . . . . . . . . . . . . . . . . . 6-60 et eeq.
Building permite. See thqt Eitle .
Sewer regulations 28-89 et eeq.
Water and eewers. 3ee tl+at title
Water regulatione.................................... 28-18 et seq.
Water aad sewers. See that title
Water welle . . . . . . . . 6-161 et eeq.
Water wells. See that title
PLUMBING INSPECTOR3
Generally • . 6-34
Building inspectore. See tbo otle
POLES AND WIBFS
Underground utilities. 3ee that titie
POLICE POWERS
Eatended to city geoperty 1-8
POLITIC$
CiviI defenee agency participating tnn . . . . . . . . . . . . . . . . 7-27
POLLUTION CONTR.OL
Open buraing........................................ 9-16 et seq.
Fires. 3ee that titie
Nuisance abatemeat . . . . . . . . . . .
. . . . . . . . . . . . . . 16-1 et seq.
Nuieancee. 3ee that title
Water wells. 3ee that titls
POOLROOM3 AND BII.LUIiD PARLOR$
Businees license fesr 13-24 et seq.
POPULATION
Zoning (Appendia A). See that title
PR.ECEDING. FOLLOWING
Code deffnitions and niles of oonstruction . . . . . . . . . . . . . . 1-2. 1-9
Supp. No. 21 2071
ARDEN HILL3 CODE
PR.EJUDICE, BIGOTRY, ETC. Section
Human righta commiWon . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human righb commission. 3ee tlsat title
PRELIMINABY PLAN3
Subdivision regtilations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et seq.
Subdiviaione. 3ee that title
PRINTING
Code definitions and rules of construction . . . . . . . . . . . . . . 1-2, 1-3
PRIVATE STREET3
Mobile home court atreets and sidewalha . . . . . . . . . . . . . . . 14-82 et seq.
PROCE3S. See: Writs, Warrants end Other Processes
PROFESSIONS
Occupational license requirementa in general . . . . . . . . . . . 13-1 et seq.
Licenses and permits. 3ee that title
PROPERTY
Arden Hills Parks System
Defacement, destruction of property and resources 4-51(a)
Code defnitione end ruler of conetruction . . . . . . . . . . . . . . 1-2, 1-3
Doge creating nuisances 5-5
Ezcavation regulatiom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 et eeq.
Ezcavations. 3ee that tiUe
I Police power e:tended to city property . . . . . . . . . . . . . . . . . 1-8
PROSECUTION
Effect of repeal of ordinance 1-13
PUBLIC ADDR.ESS 3Y3TEM
Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31
PUBLIC HEALTH. 3ee: Health and Sanitation
PUBLIC NUI3ANCES. 3ee: Nuiasncee
PUBLIC PLACE
Code de£initions and rules of coastruction . . . . . . . . . . . . . . 1-2, 1-3
PUBLIC UTILITIE3. 3ee: Utilities ~
~ PUBLIC WAY3
Code definitions and niles of oonstruction . . . . . . . . . . . . . . 1-2, i-S
PUBLIC WORK3 AND IMPROVEMENTS
3ubdivision regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et seq.
3ubdivisiona 3ee that title
Supp. No. 21 2072 [The next page is 2074.11
CODE INDEX
@
QUARANTINE Section
Biting animals 5-98
Rabies control. See: Animals and Fowl
ft
R.ABIES
Vaccination of dogs 5-49,
5-50
Dogs. See: Animals and Fowl
RACE RELATIONS
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commission. See that title
RADIATION HAZARDS
Civil defense regulations 7-1 et seq.
Civil defense, etc. See specific titles pertaining to civil de-
fensQ
Emission
Zoning (Appendix A). See that title
R.AFFLES
Authorized gambling 4•31 et seq.
Gambling. See that title
RAMSEY COUNTY. See: County
RAP PARLORS. See also: Massage, Rap and Sauna Parlors
Zoning (Appendix A). See that title
RAT AND SNAKE HARBORAGE
Nuisance abatement 16-1 etseq.
Nuisances. See that title
REAL PROPERTY
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
Property in general. See: Property
I REASONABLE TIME
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
RECREATIONAL VEHICLES
Arden Hills Park System 4-50(g)
Mobile home courts 14-17 et seq.
Mobile home courts. See that title
Mobile homes 14-1 et seq.
Mobile homes. See that title
Traffic provisions re . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-22 et seq.
Traffic. See that title
Supp. No. 19 2074.1
RECREATIONAL AREAS ARDEN HILLS CODE Section
Mobile home court development standards . . . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courta. See that title
Parks and recreation. $ee that title
REFERENCE MATTER IN CODE
Construed 1-5
REFRIGERATION
Building permits in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et seq.
Building permits. See that title
REGISTRATION OF DOGS
Requirements 5•49 et seq.
1§nimals and fowl. See that title
RELIGIOUS RELATIONS
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-81 et seq.
Human rights commiasion. See that title
RENTALS AND LEASES
Motor vehicle rentals 15-21 et seq.
Motor vehicles and other vehicles. See that title
REPEAL OF ORDINANCES
Effect 1-13
RESERVE FUNDS
Public works reserve funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2•1 et seq.
Public works reserve funda. See that title
RESIDENCE
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
RESIDENTIAL AREAS
Subdivision regulationa 22-1 et aeq.
Subdivisions. See that title
RESTAURANTS -
Alcoholic beverage regutatiory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Compliance............... 10-16
Health officer, authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-17
Physical examination of food handlers . . . . . . . . . . . . . . . . . . . . . . 10-18
REVENUE OF CITY. See: Finances
REVOLVERS
Weapons regulations 17-36 et seq.
Firearms and weapons. See that title
RINKS, SKATING
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Supp. No. 19 2074.2
CODE INDEX
I RpADWAy Section
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1•3
Mobile home court streets and sidewalks . 14-82 et seq.
Public ways in general. See: Streets and Sidewalks
ROBERT'S RULES OF ORDERS
Council meetings and proceedings governed by . . . . . . . . . . . . . . 2-31
RULES AND REGULATIONS
Council rules and procedures . . . . . . . . 2•29 et seq.
City council. See that title
RULES OF CONSTRUCTION
II General definitions interpreting code . . . . . . . . . . . . . . . . . . . . . . . 1-2
S
SABOTAGE
Civil defense regulations 7-1 et seq.
Civil defense, etc. See specific titles pertaining to civil de-
I fense
SALARIES
Mayor and councilmen 2-18
City council. See that title
Officers and employees. See that title
SALOONS AND BARS
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
SANITATION. See: Aealth and Sanitation
SAUNA PARLORS. See also: Massage, Rap and Sauna Parlors
Zoning (Appendix A). See that title
SCHOOL YARDS
Cable communications
Educational institutions, aervice to. See: Cable Communica-
tions System Franchise (Appendix B)
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1•3
Nuisance dogs 5-5
~ SCHOOLS
Alcoholic beverage regulatory and licenaing provisiona....... 3-1 et seq. ~
Alcoholic beverages. See that title
SCREENING
I Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et aeq.
Building permita. See that title
Zoning (Appendix A). See that title I
Supp. No. 21 2075 I
~
~I
SERVICE STATIONS AftDEN HILLS CODE Section
Businesslicense fees 13-24 et aeq.
Definitions 15-31
Operating regulations 15-33
Special use permit required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-32
Underground storage tanks
Abandonment 15-34
SETBACKS
Excavationa 8-52
Shorelands management; proviaions re . . . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
5horelands management. See that title
Zoning (Appendix A). See that title
SEVERABILITY
Invalid parts of oode 1-12
SEWERS. See: Water attd Sewera
SHABE TREES. See: Trees and Shrubbery
SHALL, MAY
Code definitions and rulea of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
SHEET METAL
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. See that title
SHELTERS
Courtesy benches, shelters. See that title
SHOOTING
Weapons regulations 17-36 et seq.
Firearma and weapons. See that title
SHOOTING GAE,LERIES
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
SHORELANDS MANAGEMENT
Abrogation and greater restrictions . . . . . . . . . . . . . . . . . . . . . . 20.5-12
Commissioner of naturai resources, notitication of . . . . . . . . . . . 20.5-58
, Construction projects; developments . . . . . . . . . . . . . . . . . . . . . . 20.5-56
Definitions 20.5-22
District provisions
District requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-41
Elevation of lowest floor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-44
Exceptions to structure setback requirements . . . . . . . . . . . . 20.5-45
On-site sewage treatment systems . . . . . . . . . . . . . . . . . . . . . . 20.5-46
Planned unit developments . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-49
Roads and parking areas 20.5-43
Shoreland alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-47
Supp. No. 21 2076
CODEINDEX
SHORELANDS MANAGEMENT-Cont'd. Section
I Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-48
Substandard lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-42
Variances 20.5-50
Districts
Shorelands management districts. See within thie title that
subject
Enforcement 20.5-66
Fees 20.5-66
Inconsistent ordinances, repeal of 20.5-13
Interpretation 20.5-11
Natural resource commissioner
Notification of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-58
Penalties, violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-66
Purposes andintents 20.5-2
Repeal of inconsistent ordinances 20.5-13
Rules of construction 20.5-21
Severability 20.6-14
Shoreland management districts
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-28
Boundaries 20.5-29
Classification of lakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-26
' Establishment; zoning map . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-27
Lakes, classification of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-26
Nonconforming uses 20.5-33
Permitted uses 20.5-30
Prohibited uses 20.5-34
Speciatuses 20.5-31
Substandard uses 20.5-32
Statutory authorization 20.5-3
Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5-57
Title 20.5-1
Violations and penalties . . . . : . . . . . . . , . . . . . . . . . . . . . . . . . . 20.5-66
SHOTGUNS
Weapons regulations 17-36 et seq.
Firearms and weapons. See that title
SHRUBBERY. See: Trees and Shrubbery
SIDEWALKS
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. See that title
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
Public ways in general. See: Streets and Sidewalka
SIGNATURE, SUBSCRIPTION, ETC.
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1•3
Supp. No. 21 2077
SIGN3 AND BILLBOARDS ARDEN HILLS CODE Section
Compliance 21-15
Construction 21-10
Supp. No. 21 2078
• CODEINDEX
SIGN3 AND BILLBOARDS-Cont'd. Section
Definitiona 21-4
Diatrict proviaions, achedule of . . . . . . . . . . . . . . . . . . . . . . . . 21-8
Enforcement 21-15
Generalreatrictions 21-7
Inapection 21-10
Maintenance 21-10
Nonconforming signs 21-14
Penalties for violations deemed misdemeanor . . . . . . . . . . . 21-16
Permita
Generally 21-11
Special use permit 21-12
Permitted aigns 21-5.
Prohibited signs 21-6
Purpose and intent 21-2
Restrictiona,general 21-7
Rulea 21-4
Separability 21-3
Special sign districts and regulationa . . . . . . . . . . . . . . . . . . . 21-9
Title 21-1
Zoning (Appendix A). See thet title
SITES
Zoning (Appendix A). See that title
SKATING RINKS
Businesalicenae feea 13-24 et seq.
~i SLINGSHOT3
Weapons regulatione 17-36 et seq.
Firearme and weapone. 3ee that title
SMOKE
Nuieance abatement 18-1 eteeq.
Nuisancee, See that title
Zoning (Appendix A). See that title
SMOKING
Amusement arcades; smoking prohibited . . . . . . . . . . . . . . . . . . 4-22(i)
SNAKE AND R.AT HARBORAGE
Nuisance abatement 16-1 et eey.
Nuisances. 3ee that title
SNOW AND ICE
Snow storage
Zoning (Appendix A). See that title
SNOWMOBILES
Arden Hilla Parka System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-50(f)
Supp. No.14
i 2079
ARDEN HILLS CODE
SOCIETY Section
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
SODDING .
Mobile home court development atandards . . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courta. See that title
SOFT DRINK SALES
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
SOIL PROCESSING
Zoning (Appendix A). See that title
SOLICITORS. See: Peddlers Canvassers and Solicitors
SOOT, CINDERS, GAS OR FUMES
Nuisance abatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1 et seq.
Nuisances. See that title
SPECIAL ASSESSMENTS. See: Taxation and Special As.sessments
SPIRITUOUS LIQUOR
Alcoholic beverage regulatory and licensing provisions 3-1 et seq.
Alcoholic beverages. See that title
SPRINGBLADE KNIVES
' Weapons regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-36 et seq.
Firearms and weapons. See that title
STAGNANT WATER
Nuisance abatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1 et seq.
Nuisances. See that title
STANDARD TIME ~
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
STATE
Code definitions and rules of construction . . . . . . . . . . . . . . . . ~ . 1-2, 1-3
STATE FIRE MARSHAL
Zoning (Appendix A). See that title
STATUTES
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . 1-2, 1-3
STEAM, HOT WATER, ETC., PERMITS
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8 et seq.
Building permits. See that title
STORAGE
Zoning (Appendix A). See that title
STORM WATER DISPOSAL
Mobile home court development standards . . . . . . . . . . . . . . . . . 14-53 et seq. ~
Mobile home courts. See that title
Supp. No. 14 2080
CODE INDEX
STORMS Section
Civil defense regulations 7-1 et eeq.
Civil defenee, etc. 3ee specific titles pertaining to civil
defense
Trailer tie-downe
Mobile home court development standards . . . . . . . . . . . 14-53 et eeq.
Mobile home courta. 3ee that title
STR.EAMS OR LAKE3
Code definitiona end rules of construction . . . . . . . . . . . . . . 1-2. 1-3
3TBEETS AND SIDEWALK3
Abandoned vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31 et eeq.
Abendoned vehiclee. See that title
Building permita in general . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60 et seq.
Bailding permite. 3ee that title
Code de£mitions and rules of constructioa . . . . . . . . . . . . . . 1-2. 1-3
Commercial aidewalk sales permite . . . . . . . . . . . . . . . . . . . . 13-90, 13-93
Licenaes and permits. 3ee that title
Curbs and gutters ~
Mobile home court streets and eidewalks . . . . . . . . . . . . . 14-82 et eeq.
Ezcavation regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 et aeq.
Ezcavations. 3ee that title
Highway trafric act adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1
Trafric. See that title
Mobile home coart development atandards . . . . . . . . . . . . . 14-53 et eeq.
Mobile home courts. 3ee that title
Newapaper distribution locationa, permite . . . . . . . . . . . . . . 13-92, 13-93 v
Licenses and permits. 3ee that title
Nuisance abatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1 et eeq.
Nuisances. See that title
Peddlers' permits, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1 et seq-
~ Peddlers, canvasaers and eolicitors. See that title
Planning commiasion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-16 et eeq.
Planning commieaion. 3ee that title
Roadside atsnd permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-92, 13-93
Licenaes and permits. See that title
Sidewalks
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. 3ee that title
Mobile home court atreete and sidewalke . . . . . . . . . . . . . 14-82 et seq.
Snowmobiles. 3ee: Trafric
Subdivision regiilations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et eeq.
Subdivisions. See that title
Traffic 26-1 et seq.
Traffic. See that title
Vacation of atreeta
Zoning (Appendix A). See that title
Supp. No. 3
2081
ARDEN HII.L3 CODE
3TR.EE'I'3 AND 3IDEWALK3-Cont'd. Section
water regmacionb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-16 et seq.
Water and sewers. See that title
Zoning (Appendiz A). See that title
$UBDNI3ION$
Alleya and psdestrian ways
Design standards 22-8(d)
Blocb
Design standardi 22-5(f)
Building permib 22-11
Buildiag psrmits. See that title
City plan,conformity 22-8
Det'mitiom 22-3
Design features
3ubdivision desiga features for plat . . . . . . . . . . . . . . . . . . 22-5(c)
, Design stendards, minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-8
Division or oonwlidation of platted lob of record 22-12(e)
Drainage channeb 22-9(a)
F.uemenb
Deaii6n standards 22-8(e)
Ezcavatioa regulatiom 8-1 et eeq.
~ Ezcawtiom. Ses tlut title
E:emptions. 3ee hsrsinbslow: Vatianoes and Ezsmptions
Ebdsting oonditions
Boundary lines, etc., for Prelimina=Y Plaa . . . . . . . . . . . . . 22-5(b)
Filing fees 22-12
Final plat
NeceMary data 22-7
Procedurs 214(b)
Fioodplain management 9.5-51
' Identiflcation and dewription
PrelimfnerY PLn daL 22-5(a)
, Improvemente required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-10
Lots
Design stantlards 22-8(B)
Lota of record
Division or consolidation of platted lots 22-12(e)
' Minimum deaign standards 22-8
Minor subdivisions of unplatted property . . . . . . . . . . . . . . 22-12(d)
, Mobile home court development standsrds . . . . . . . . . . . . . 14-53 et *eq.
Mobile home courts. See that title
Open spaces. See hereinbelow: Public 3ites and Open
3paces
Parka and playgrounds 22-9(b)
Permits
Building permits. See hereinabove that subject
Planning commission 20-16 et seq.
Planning commission. 3se tbat title
8upp. No. 3 2082 0
I
SUBDIVISIONS-Cont'd. CODEINDEY Section
Plats. See also herein specific subjects
Copies 22-13
Preliminary plan
Necessary data 22-5
Procedure 22•4(a)
Qualifications governing approval of . . . . . . . . . . . . . . . . . . . . . . 22-6
Procedure 22-4
Public use dedications 22-9
Purpose and interpretation 22-1
Required improvements 22-10
Residential subdivisions
Parks and playgrounds 22-9(b)
Scope 22-2
Shorelands management; provisions re . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
Standarda of design, minimum 22-8
Street plan 22-8(b)
Streets
Design standards 22-8(c)
Improvements required 22•10
Subdivision design features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-5(c)
Undeveloped land value, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-9(b)(5)
Unplatted property
Minor subdivisions of 22-12(d)
Utilities
Improvements required 22-10
Necessary data for plans 22•5
Utility easements . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 22-8(e)
Variances and exemptions 22•12
Zoning (Appendix A). See that title
SUITS AND PLEAS
Effect of repeal of ordinances 1-13
SUPPLEMENTATION OF CODE
Generally 2-60
Amendments to code. See: Code of Ordinances
SUR,VEYS, MAPS AND PLATS
Excavation regulations 8-1 etseq.
Excavations. See that title
Lake Johanna regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12•16 et seq.
Lake Johanna. See that title
Shorelands management; provisions re . . . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
Subdivision regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et seq.
Subdivisions. See that title
Zoning (Appendix A). See that title
Supp. No. 22
2083
ARDEN HILLS CODE
SWEAR OR SWORN. See: Oath, Aff`irmation, Swear or Sworn Section
SWIMIlVIMG POOLS
Accessory structures permitted 234
Building code
Applicability 23-6
Buildings. See that title
Building permits
Accessory atructures 23-9
Applications 23-11
Building permits in general. See: Building Permits
Capacity re 23-7
Feea 23-12
Required 23-8
Special use permit 23-10
Capacity 23-7
Compliance with provisions 23-2
Construction and equipment 23-16
Definitions 23-1
Electricai work 23-18
Equipment and construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-16
j Fencing 23-19
Lighting,illumination 23-20
Location
Generally 23-13
Multi-family pools 23-15
Single-family pools 23-24
Multi-family pools
Location 23-15
Noise,creating 23-21
Safety fencing 23-19
Single-family pools
Location 23-14
Special use permits 23-10
Use restricted 23•5
Variances 23-2
Water supply and drainage 23-17
Zoning
Special use permit re 23-10
~ Zoning (Appendix A). See that title
SWITCHBLADE KNIVES
Weapons regulations 17-36 et seq.
I Firearms and weapons. See that title
Supp. No. 22
2084
• i
I
I CODEINDEX
T
, TAXATION AND SPECIAL ASSESSMENTS Section
Collecting assessments
Partial prepayments of assesomerAs . . . . . . . . . . . . . . . . . . . . . . 24•1
Procedure 24-2
Purpose of provisions 24-1
Gambling
Local gambling tax 4-34.
Partial payment of assessments permitted . . . . . . . . . . . . . . . . . . . 24-3
Property assessments
Water regulations 28-16 et seq.
Water and sewers. See that title
TAXICABS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Definitions 25-1
Operating order and equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25•2
Zoning regulations for parking of cabs
Zoning (Appendix A). See that title
TELEVISION SYSTEMS;
Cable communications system franchise (Appendix B). See that
title
TENANT,OCCUPANT
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
TENNIS CLUB5
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13•24 et seq.
TENSE
Code definition and rules of construction . . 1•2, 1-3
'PENT TRAILERS
Mobile home courts 14-17 et seq.
Mobile home courts. See that title
Mobile homes 14-1 et seq.
Mobile homes. See that title
THEATERS
Business license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13•24 et seq.
THOROUGHWAY
Street definitions 1-2
Public ways in general. See: Streets and Sidewalks
TIME
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
Reasonable time,construed 1-2
TOBACCO
Businesa license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Supp. No. 20 2085
ARDEN HILLS CODE * is
TORNADOES Section
Trailer tie-downs
Mobile home court development standards . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See that title
TOXIC OR NOXIOUS FUMES
Zoning (Appendix A). See that title
TRADES
Occupational license requirements in general . . . . . . . . . . . . . . 13-1 et seq.
Licenses and permits. See that title
TRAFFIC
Acceleration. See hereinbelow: Speed Regulations
Arden Hills Parks System 4-52
"Digging out............................................... 26-6 etseq.
Highway traMc act '
Adoption 26-1
Recreational vehicles atatutes adopted 26-22
Violations,penalty 26-2
Ignition key,removal 26-8 et seq.
Impoundment o£ vehicles
Abandoned vehicles 16-31 etseq.
Abandoned vehicles. See that title
Keys to motor vehicles
Removal 28-8 et seq.
Mobile home courts 14-53
Parking, stopping and standing
Abandoned vehiclea 16-31 etaeq.
Abandoned vehicles. See that title
Removal of key when parked
By police 26-9
Required 26-8
Winter parking regulations
Generally 26-3
Impoundment of violating vehicle . . . . . . . . . . . . . . . . . . . . . . 26-4
Prima facie evidence 26-5
Recreational vehicles
Alcohol or drugs
Driving under the influence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-39
All-terrain vehicle, operation of . . . . . . . . . . . . . . . . . . . . . . . . . . 26-50
Careless,reckless operation 26-41
Compliance 26-31
Crossing streets, highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-38
Definitions 26-25
Disturbing the peace 26-44
Effect of violations 26-23
Equipment, generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-45
Governmental agencies, inapplicability of regulations to 26-51
Sapp. No. 20 2086
CODEINDEX
TRAFFIC-Cont'd. Section
Intent 26-24
Mandatory pennant 26-49
Noise making devices 26-48
Operator'sage 26-33
Private land, permission to operate on . . . . . . . . . . . . . . . . . . . 26-37
, Proximity to residences 26-42
Public property, permission to operate on . . . . . . . . . . . . . . . . 26-34
Registration 26-32
Right-of•way, operation within . . . . . . . . . . . . . . . . . . . . . . . . 26-35
Roadway.operation on 26-36
Speed generally 26-40
Statutes,adoption 26-22
Vegetation, protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-43
Snow accumulations
Parking after 26-3 etseq.
Parking, stopping and standing. See within this title that
subject
Speed regulations
Unreasonable acceleration
Definition 26-7
Prohibited 26-6
Street definitions 1-2
Public ways in general. See: Streets and Sidewalks
Unattended vehicles
Removal of key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-8 et seq.
Winter parking regulations 26-3 et seq.
Parking, stopping and standing. See within this title that
subject
Zoning (Appendix A). See that title
TR.AILERS
Mobile home courts . 14•17 et seq.
Mobile home courts. See that title
Mobile homes 14-1 et seq.
Mobile homes. See that title
Zoning (Appendix A). See that title
TRASH. See: Garbage and Trash
T1Z?,SH FIRES
Open burning 9-16 etseq.
Fires. See that title
'CREES AND SHRUBBERY
Boulevard trees
Identifying recommended location . . . . . . . . . . . . . . . . . . . . . . . . 27-23
Liability for maintenance 27-38
Minimum area 27-19
Minimum size 27-17
Supp. No. 20 2087
ARDEN HILLS CODE
TREES AND SHRUBBERY-Cont'd. Section
Permits
APPlication 27-32
Factors to be conaidered 27-35
Fees 27-33
Inspection of proposed location 27-34
Issuance, denial 27-36
Appeals 27-37
Liability for maintenance 27-38
Required 27-31
Prohibited locations 27-24
Purpose of provisiona 2746
Responsibility for maintenance and care . . . . . . . . . . . . . . . . . . 27-22, 27-38
Restoration sod 27-21
Spacing 27-20
Varieties permitted 27-18
Christmas tree sales permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-90
Licenses and permita. See that title
Dutch elm disease
Shade tree protection. See within this title that subject
Forester 27-52
Interference 27-53
, Mobile home court development standazda . . . . . . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See that title
, Nuisance abatement 16-1 et seq.
Nuisances. See that title
Shade tree protection
Abatement of nuisancea by city . . . : . . . . . . . . . . . . . . . . . . . . . . . 27-58
Assessment for nuisance abatement . . . . . . . . . . . . . . . . . . . . 27-59
Dead trees,etc 27-54
Declaration of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-50
Diseased trees, removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-57
Dutch elm disease, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-54
Forester 27-52
Inspection by certified tree inapector . . . . . . . . . . . . . . . . . . . . . . 27•55
Interference 27-53
Notices to property ownera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-56
Nuisances declared 27-54
Pen2lties 27-51
Request for laboratory teating 27-60
Spraying or treatment 27-61
Zoning (Appendix A). See that title
TRENCHES
Excavation regulationa 8-1 et seq.
Excavations. See that title
Supp. No. 20
2088
CODEINDEX
TUNNELS Section
Excavation regulations 8-1 et seq.
Excavations. See that title
TYPEWRITING
Code definitions and rules of construction . . . . . . . . . . . . . . . . . . . 1-2, 1-3
U
UNDERGROUND UTILITIES
Mobile home court developmeat etsnderds . . . . . . . . . . . . . 14-63 et seq.
Mobile home courts. See that tiUe
Underground installation of dietribution lines
Applicatioa for propoeed installation . . . . . . . . . . . . . . . . . 28-157
Ezcavatione 28-166
E:ceptions to provisione 28-159
Ezisting dietribution linea . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-166
New developments 28-164
Purpose of provisions 28-152
Restraining actiona 28-160
Scope of proviaione 28-163
Tazation
Action by tazpayer 28-161
Utility committee, action by. . . . . . . . . . . . . . . . . . . . . . . . . 28-168
UNDERTAKERS
Busineeslicense feee 13-24 et seq.
UN3AFE BUILDING3
Generally 6-18
Buiidings. 3ee that title
UTILITIFS (Generelly)
Building, plumbing, electrical and other tecbnicd codes
related to. 3ee: Buildings (Generally)
Garbege and tresh service 11-1 et seq.
Garbage and trash. See that title
Mobile home cotut development standards . . . . . . . . . . . . . 14-63 et seq.
Mobile home courta. See thst title
Sewer service 28-M et wq.
Water and eewers. 3ee tbat title
Subdivision reguLatione . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et ssq.
Subdiviaiona. 3ce that title
Underground utilitiee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-152 et seq.
Underground utilities. 3ee that title
Water eemce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-16 et eeq.
Water and sewers. 3ee that title
UTILITY VEHICLES
Zoning (Appendia A). See that title
Supp. No. 21 2089
ARDEN HILL3 CODE
V Section
VACATION OF STREETS
Zoning (Appendia A). See that title
VACCINATION
Rabies control 5-97 et eeq.
Animals and fowl. See that title
VEGETATION
14lobile home court development atsndarda . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See that title .
Trees and shrubbery. 3ee that.title
Zoning (Appendia A). See that title
VEHIGLFS. See: Motor Vehicles end Other Vehiclee
VENICLES FOR HIRE
Tazicabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1 et seq.
Tazicabs. See that title
VENDING MACHINES
Business licenee fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 et seq.
Coin-operated machines and devices. See that title
VENTILATION
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. See that title
~I VERMIN HARBORAGE
Nuisance abatemant 16-1 et seq.
Nuisancee. See that title
VETERINARIANS
Rabies control regutationa . . . . . . . . . . . . . . . . . . . . . . . . . . 5-97 et eeq-
Animals and fowl. See that title
VIBRATIONS
Zoning (Appendia A). See that title
VIOLATIONS
` General penalty, continuing, etc........................ 1-10 et seq-
Code of ordinancros. See that title
VOCATIONS
Occupational licenee requirements in general . . . . . . . . . . . 13-1 et seq.
Licenaes and permite. See that titie
VOLUNTEERS
Civil defense volunteere . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-65 et seq.
Civil defenee volunteere. See that title
Supp. No. 21 2090
CODEINDEX
W
WAR ACTIVITIFS Section
Civil defenee regulaLiona 7-1 et seq.
Civil defenee, etc. See apecific titles pertaining to civil
defense
WARM AIB HEATING SY3TEM
Building permit fees, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et aeq.
Building permits. See that title
WARRANTS
' Writa, warrants end other procxsses. See tbat title
WA3TE DI3P03AL
Arden Hills Parka Syatem 4-51(e)
Open burning 9-16 eteeq.
Firea. See that title
WATER AND SEWERS
~ Areas without sanitary sewer
Zoning (Appendia A). See that title
Mobile home court development standatds . . . . . . . . . . . . . 14-53 et seq.
Mobile home courts. See tlut title
Nuieance abatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1 et eeq.
Nuieances. See that title
3ewers and sewage d'uposal
Accidental diecharges 28-100
Connections
Certain connsctions prohibited 28-91
Permits 28-93
Required 28-90
Supervision of rnnnections 28-92
Conatruction reqwiremeaLs
Connections at ••Y'• only . . . . . . . . . . . . . . . . . . . . . . . . . . 28-110
Ezcavstions. See also that title
Rspsir of public right-of-way . . . . . . . . . . . . . . . . . . . . 28-113
Generally . . 28-108
Independent systems 28-112
Old house sewen, we 28-109 ,
Repair of public titht-of-wn?y . . . . . . . . . . . . . . . . . . . . . . 28-113 ~
Sump pump systems
Restrictions on installation of; permit required . . . . . . . . . 223-114
Tunneling 28-111
Repair of public rishb-of-way . . . . . . . . . . . . . . . . . . . 28-113
' Drainage wates, dischuge of 28-89
General operation 28-89
Grease, oil and sand interceptors or traps . . . . . . . . . . . . . . . . . 28-97
Industrial wastes 28-98 '
Supp. No. 21 2091
ARDEN HILL3 CODE
WATER AND SEWERS-Cont'd. Section
Maintenance of system 28-95
On-site sewage treatment systems
Shoreland management, provisions re . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shoreland management. See that title
Permits 28-93
Rates and charges
Collectioa of 28-129
Delinquenciee 28-128
Eatablished 28-126
Payment _ 28-127
Senior citizene and dissbled persons
Permiesible reductions for . . . . . . . . . . . . . . . . . . . . . . . 28-130
3ewer availability 28-137 et eeq.
Sewer availability
Administtation 28-139
Eatabliehanent of charges 28-138
Parpose 28-140
Recitals 28-137
Tampering with system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-94
Types of wastes prohibited
Adoption of regulatiom . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-96
Drainage water 28-99
Greaee, oil and @snd intsrosptosr or traps . . . . . . . . . . . 28-9 J
Industrial waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . 28-96
Underground utilities. 9ss that title
3ubdivision regulation@ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1 et wq.
Subdivisions. Sse that title
$wianming pool water supply . . . . . . . . . . . . . . . . . . . . . . . . . . 23-17
3wimming pools. 3ss that titls
Water eupply and distrlbution
Abandoned eervicft 28-24
Air conditioaing, tue of water for . . . . . . . . . . . . . . . . . . . . 28-31
Permits required 28-32
Connections
Applications for . 28-41
Connections at or bsyond city limits . . . . . . . . . . . . . . . . 28-27
Connections barred, wbsn 28-33
28-33
Connections within city Lo sysLems outsids city 2848
Plumber to supervise 28-47
Property asse..mena 28-44
3emor citassne or dLabled citi:ens
Waiver of minimum paymenb for . . . . : . . . . . . . . . . . 28-59
3ervice charges 28-42
3top bozes,location 28-46
3uperviaion 2847
Sapp. No. 21 2092
CODE INDEX
WATER AND SEWERS-Cont'd. Section
Time for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-43
Turning on water 28-45
Consumer supplying service to another . . . . . . . . . . . . . . . . . . . 28-21
Deficiency and shutting off water . . . . . . . . . . . . . . . . . . . . . . . . . 28-20
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sapp. rro. 21 2092.1 I
I
~
CODE INDEX
WATEft AND SEWER3-Cont'd. Section
Diacontinuance of service
Violations,for 28-19
General operation and adminiatration . . . . . . . . . . . . . . . . 28-16
Leaka,repair of 28-23
Mains
TaPPin6 Prohibited 28-22
Meters end hydrante
Compound metera 28-72
Fire hydrants,nee of 28-75
Fire protection ayetem 28-73
Hydrant rentals 28-76
Maintenence, replacement of inetere . . . . . . . . . . . . . . . 28-68
Meter required 28-66
Permite for private use of water towera . . . . . . . . . . . . . 28-77
Rentalfee 28-70
Rereading of inetere 28-68
Right of accees 28-71
Security depwsit 28-67
Water meter aetting 28-74
Water towers
Permits requ'ued for private uee . . . . . . . . . . . . . . . . . . 28-77
Private water euppliee 28-29
Private wella 28-30
Rates and charges
Charges, payment 28-57
Collection of delinqueat charges 28-58
Delinquency penalties 28-68
Water accounta, keeping 28-56
Water rates 28-56
Repair ofleaka 28-23
Rsstrictions and limitations of water use . . . . . . . . . . . . . 28-28
Service pipea 28-25
Shutting off water
Violations,for 28-19
Supply from one service 28-21
TaPPinB of maine prohibited 28-22
Underground utilitiee. 3ee that title
Uee confined to premiees 28-26
Use of water reetricted to authorized pereons 28-17
Violations
Discontinuet?ce of eervice 28-19
Willful damsge to water system . . . . . . . . . . . . . . . . . . . . . . 28-18
WATEft POLLUTION
Nuisance abatement 16-1 et eeq.
Nuisances. See that title
Supp. No. 3
2093
,
ARDEN HILLS CODE
WATER WELLS Section
Chlorination 6-193
Commercial welle
Specificationa 6-183
Conatruction 6-183 et seq.
Contaminated strata unsatisfactory . . . . . . . . . . . . . . . . . . . . 6-189
Contamination,avoiding 6-185
Daily record of waterlevel 6-196
Definitiona 6-161
Disposal welle restricted 6-165
, Geologicallog 6-195
Inapections 6-183
Inatallation in pit 6-186
Location 6-183 et aeq.
Log 6-195
Minimum depth 6-190
Minimum diameter 6-188
Minimum water aupply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-191
I Permits
Applicatione 6-174
Definitions 6-173
Duration 6-176
Feea 6-175
R.equired 6-172
Pump, equipment etandarda . . . . . . . . . . . . . . . . . . . . . . . . . . 6-192
Pumping teat 6-194
' Purpose of proVisions 6-162
I Sealing of certain wells 6-197
Specificationa for commercial weW . . . . . . . . . . . . . . . . . . . . 6-183
Termination in specific strata prohibited . . . . . . . . . . . . . . . 6-187
Variances 6-164
WATERCR.AFT
Lake Johanna regulationa 12-16 et seq.
Lake Johanna. 3ee that title
' WATERFR.ONTS
~ Zoning (Appendix A). See that title
WEAPONS. See: Firearms and Weapons
WEEDS AND BRU3H
Nuisance abatement 16-1 et eeq.
Nuisances. 3ee that title
Open burning 9-16 et eeq.
Firea. See that title
Zoning (Appendia A). See that title
WELLS
Water weUe 6-161
Water wells. 3ee that title
Supp. No. 3
2094
WELI.S-Cont'd. CODEINDEX Section
, Water regulatione 28-16 et eeq.
Water and sewera. See that title
WIND3TORMS
Civil defense regulationa . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . 7-1 et eeq.
Civil defense, etc. See specific titles pertaining to dvil
defense
' Tie-downs
Mobile home court development stendards . . . . . . . . . . . 14-53 et eeq.
Mobile home courts. 3ee that title
WINE AWD BEER
Alcoholic beverage regulatory and lice:uing provisiow 3-1 et seq.
Alcoholic beverages. See that title
WORD3 AND PHRASES
Code definitions and rules of construction . . . . . . . . . . . . . . 1•2, 1-3
WRECKING OF BUILDING3
Building permit few, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-84 et seq.
Building permits. 3se that title
WRIT3, WARRANT3 AND OTHEIi PROCESSES
Reasonable time construed re . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
WR.ITTEN, IN WRITING, E'TC.
Code definitione and rules of cotntruction . . . . . . . . . . . . . . 1-2. 1-3
Y
YEAR
Code definitions and rules of corutsuction . . . . . . . . . . . . . . 1-2, 1-3
Z
ZONING (Miscellaneous)
Accessory structurea
Swimming pools 23-9
Swimming pools. See that title
Boulevard tree$ 27-16 etaeq.
Trees and shrubbery. See that title
Building permit considerations . . . . . . . . . . . . . . . . . . . . . . . 6-68
Building permits. See that title
Subdivision regulations 22-1 et seq.
Subdivisiona. See that title
Swimming poola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1 et seq.
Swimming pools. See that title
Certificates of occupancy
Building requirementa 6-128 et seq.
Buildings. See that title
Supp. No. 21 2095
ARDEN HILLS CODE
ZONING (Miscellaneous)-Cont'd. Section
Dog kennels 5-69
Animals and fowl. See that title
Excavation regulations 8-1 et seq.
Excavations. See that title
Fire code provisions re flammable or combustible liquids, liq-
uified petroleum gases, explosives and blasting agenta 9-38
Fire code. See that title
Kennels 5-69
Animals and fowl. See that title
Lake Johanna regulations 12-16 et seq.
Lake Johanna. See that title
Planning commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-16 et seq.
Planning commission. See that title
Shorelands management; provisions re . . . . . . . . . . . . . . . . . . . . 20.5-1 et seq.
Shorelands management. See that title
Signs to comply with regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-2
Signs and billboazds. See that title
Subdivision regulations 22-1 et seq.
Subdivisions. See that title
Trees and vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-16 et seq.
Trees and shrubbery. See that title
Supp. No. 21 2096
ZONING (Appendix A) CODEINDEX Section
(Note-Citations refer to sections contained within Appendix A)
Access
Drive-in businesses, fast food restaurants and automobile ser-
vice stations VI.C(1)(i)
Access drives
Design standards VI.E(6)
Accessory uses, buildings or structures
Accessory retail sales, processing and storage . . . . . . . . . . . . . VI.A(5)
Height VI.A(2)
Home occupations VI.A(4)
Houses of worship and schools
Certain day caze facilities as accessory uses for VI.A(8)
Lakefront lots, performance standazds
Location of accessory buildings or structures . . . . . . . . . . . . VI.F(8)(c)
Location VI.A(3)
Nonconforming buildings and uses
Construction of accessory buildings on nonconforming lots X.K
Number in residential district VI.A(6)
Size of certain accessory structures VI.A(7)
Temporary dwellings . . . . . . . . . . . . . . . . . . III.C
Time of construction VI.A(1)
Administration and procedures............................. VIII
Aesthetics
Design standards VI.E(13)
Amendments
Action by council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII.A(6)
Additionai heazings by council . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII.A(5)
Comprehensive development plan
Effect of rezoning amendment upon . . . . . . . . . . . . . . . . . . . . . VIII.A(9)
• Effectuatiosi of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII.A(S)
Initiation VIII.A(1)
Official notice of public hearing . . . . . . . . . . . . . . . . . . . . . . . . . . VIII.A(2)
Public hearing by planning commission . . . . . . . . . . . . . . . . . . . VIII.A(4)
Resubmission of denied application . . . . . . . . . . . . . . . . . . . . . . . VIII.A(7)
Rezoning amendments; additional procedures . . . . . . . . . . . . . . VIII.A(3)
Animals
Definitions . . . . . . . . . . . . . . . . . . II.D(8), (9)
Performance standards
Animals for research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI.F(9)(c)
Location of buildings or structures having animals VI.F(9)(a)
Maximum number of animals per single-family dwelling. VI.F(9)(b)
Annexation
Annexed territory IV.C
Arbors
Open arbors
Size of certain accessory structures . . . . . . . . . . . . . . . . . VI.A(7)
Supp. No. 22 2097
ARDEN HILLS CODE
ZONING (Appendix A)-Cont'd. Section
Automobile service stations
AddiLional minimum requirements for VI.C
B-1 Limited business district
Designation of districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V.B
District requirements V.F
Land use chart V.E
Purpose ofdistrict V.D(5)
B-2 General business district
~ Designation of districts V.B
Districtrequirements V.F
Land use chart V.E
Purpose of district V.D(6)
B-3 Service busineas district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII.I
B-4 Retail center district VlII.J
I Board of appeals and adiustment
~ Dernition of `Board...................................... II.D(13)
Boats
Exterior storage, performance standards . . . . . . . . . . . . . . . . . . VI.F(4)
Boundaries. See within this title: 2oniqg Map and Boundariea
of Zoning Districts
Breezeways ~
Size of certain accessory structures . . . . . . . . . . . . . . . . . . . VI.A(7)
Building permits
Site plan review
Expiration of building permit approval . . . . . . . . . . . . . VIII.E(7)
Special principal uses. See also within this title that subject
Supp. No. 22
2098
CODEINDE%
ZONING_(Appendix A)-Cont'd. Section
Isauance of building permit before special uae
permit prohibited VII.F
Buildings
Acceasory bnildinga
Temporary dwellinga
Acceasory uses and atractnres ____VI.A
Definitiona II.D
Lakefront lots. See within thia title that subject
Nonconforming structnres, uses, buildings, lote. See
within this title that subject
Performance standarda - VI.F
Relocation of atructurea VIII.F
Temporsry dwellings III.C
Bulk, bulk materials
Definitions II.D(18).(19)
Churches
Drive-ia busineeses, fast food restaurants
Location near churches VI.C (1)
Compliance
Minimum compliance requirementa. See within this
title that subject
Comprehensive development plan
Definition of "Comprehensive plan" II.1)(28)
10 . Rezoninga
Documentation required, comprehensive plan atate-
ment VIII.B(2)(d)
Effect of rezoning amendment upon VIII.A(9)
Zoning and the comprehensive development plan _ IV.E
Cnrbing
Drive-in businesses, fast tood restaurants, automo-
bile service atationa
Additional minimum requirements - VI.C(2) (c)
Debris. See within thia title: Refuse
Definitions II.D
Design standards
Accesa drives VI.E(6)
Aesthetics VI.E(18)
Drainage VI.E(3)
Fences, walls and hedgea VI.E(7)
Flammable and combustible liquida storage VI.E(10)
Landscaping/planting VI.E(2)
Lighting VI.E(b)
Location of nonresidential uses in residential dis-
tricta, restrictiona on VI.E(12)
Off-public-street parking VI.E(1)
Off-street loading VI.E(4)
, Supp. Na 9 2099
ARDEN HILLS CODE
ZONING (Appendig A)-Cont'd. Section
Screening VI.E(8)
Storage, buIk liquid VI.E(20)
Storage, exterior VI.E(9)
Traffic control - - VI.E(11)
Detached outdoor living rooms
8ize of certain acceasory atructures VI.A(7)
District provisiona
Designation of zoning districts V.B
District requirements V.F
Establiahment of diatrict V.A
Land use chart _ V.E
Permitted principle uses V.C
Farpose of districta V.D
Zoning map and bonndaries of zoning districta. See
within this title that subject
Drainage
Design atandards VI.E(3)
Drive-in businesaes, fast food restaurants, etc.
Additional minimum reqniremente for VI.C
Defined II.D(36)
Driveways
Traffic. See within this title that subject
Easements
Defined II.D(45)
Planned unit development permits
Provisions re open apace easements VIII.G(3) (i)
Effective date of provisions XIII.C
Effectuation
Effective date XIII.C
Ordinances repealed XIII.B
Separability %III.A
Electrical and radiation emisaion
Performance standarda VI.F(b)
Electronic devices
Drive-in businessea, fast lood restauranta and anto-
mobile service stations
Standards for eleetronic devices such as loud-
speakers, etc. VI.C(2)(b)
Electronic towers
Defined II.D(46)
Encroachments, permitted
Egceptions to the minimum requirements for all dis-
tricts VI.B(2)
Enforcement XII
Excavations. See within this title: Filling and Excavation
3upp. No. 9 2100 I
I
ZONING (Appendix A)-Cont'd. CODEINDEX Section
Exceptions to the minimum requirements for all districts
Height VI.B(3)
Permitted encroachments . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . VI.B(2)
Setbacks VI.B(1)
Exterior storage
Defined II.D(47)
' Performance standards VI.F(4)
Fast food restaurants
Additional minimum requirements for . . . . . . . . . . . . . . . . . . . . VI.C
Defined II.D(107)
Fees XII.B
Fences, walls and hedges
Design standards VI.E(7)
Drive•in businesses, fast food restaurants and automobile ser-
vice stations
Additional minimum requirements for screening VI.C(2)(e)
Maintenance Vl.F(1)
Filling and excavation
Performance standards, permit requirements . VI.H
Fire marshai, state
Drive-in businessea, fast food restaurants and automobile ser-
vice stations
~ Rules and regulations of marshal . . . . . . . . . . . VI.C(2)(j)
Flammable and combustible liquids storage
Design standards VI.E(10)
Freeway
Proximity of residential dwellinga to
Performance standards VI.F(7)
Garages
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . II.D(53) et seq.
Temporary dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III.C
Garbage. See within this title: Refuse
GB gateway business district
Designation of zoning districts . . . . . . . . . . . . . . . . . . . . . . . . . . . V.B
District requirements . . . . . . VIII.H
Purpose of district V.D(9)
Generalregulations VI
~ Glnre
Emission or creation of, performance standards............ VI.F(6)
Grades
Defined II.D.(56)
Grading
I Site grading, performance standards VI.F(10)
Hearings
~ Amendments. See within this title that subject
Board of appeals and adjustments. See within this title that
subject
Special use permits. See within this title that subject
Supp. No. 22 2101
ARDEN HILLS CODE
ZONING (Appendix A)-Cont'd. Section
Heat
Emission or creation of, performance atandards............ VI.F(6)
Hedges. See within this title: Fences, Walls and Hedgea
Height regulations
Accessory uses and structures VI.A(2)
Exceptions to the minimum requirements for all districts VI.B(3)
Fences, walls and hedges . . . . . . . . . . . . . . . . . . . . . . . . . . VI.E(7)
Provisions re aesthetics VI.E(13)
Home occupations
Accessory uses and atructures VI.A(4)
DeCned II.D(58)
Number of parking spaces for . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI.F(3)(e)
I-1 Limited industrial district
Designation of districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V.B
Districtrequirements V.F
Land use chart V.E
Purpose of district V.D(7)
I-2 General industrial district
Designation of districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V.B
Districtrequirements V.F
, Land use chart V.E
, Purpose of district V.D(8)
I-Flex district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII.K
Interpretation of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II.C
Intersections
Parking setback from intersectiona . . . . . . . . . . . . . . . . . . . . . . . VI.F(3)(g)
Lakefront lots, performance standards
Location of accessory buildings or structures . . . . . . . . . . . . . . VI.F(8)(c)
Location of principal buildings and landscaping . . . . . . . . . . . VI.F(8)(a)
Maintenance of waterfront areas VI.F(8)(b)
Land reclamation
Defined II.D(64)
Special provisions XI.E
Land use chart V.E
I Landscaping
Defned II.D(65)
Design standards for landscaping/planting . . . . . . . . . . . . . . . . VI.E(2)
Drive-in businesses, fast food restaurants and automobile ser-
vice stations
Landscaping standards VI.C(2)(a)
I Lakefront lots, performance standards
Location of principal buildings and landscaping . . . . . . . . . VI.F(8)(a)
Maintenance VI.F(1)
Lexington•Fox study area
Detined XIV.A(1)
Interim development moratorium XN.A(3)
Statement of public purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIV.A(2)
Supp. No. 22 2102
~
-
CODE INDEX
ZONING (Appendix A)-Cont'd. Section
Lighting plan
Design standards VI.E(5)
Site plan review, documentation required
Provisions re lighting plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII.E(1)(b)
Special use permits, documentation required
Provisions re lighting plan . . . VIII.C(2)(d)
Loading
Off-street loading
Design standarda VI.E(4)
, Location of nonresidential uses in residential districts
Restrictions on, design standards . . . . . . . . . . . . . . . . . . . . . . . . . VI.E(12)
Lots
Nonconforming uses, atructures, buildings, lots. See within
this title that subject
Manufactured home
Defined II.D(148)
Maps. See also within this title: Zoning Map and Boundaries of
Zoning Districts
Rezonings, documentation required
' Location maps VIII.B(2)(b)
b4assage, sauna and rap parlors
Special provisions XI.G ,
Minimum compliance requirements
Compliance with ordinance generally . . . . . . . . . . . . . . . . . . . . . III.A
Requirements not to be reduced . . III.D
Temporary dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III.C
Mining
Defined II.D(84)
Special provisions XI.C
Mobile home parks
Defined II.D(86)
Special provisions XI.A
Mobile homes
Defined II.D(85)
Multiple-occupancy structure
Defined II.D(149)
Noise
Emission or creation of, performance atandarda............ VI.F(6)
Nonconforming structures, uses, buildings, lots
Amortization of nonconforming use . . . . . . . . . . . . . . . . . . . . . . . X.H
Construction approved and begun prior to effective date.... X.C
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II.D(87),(88)
Discontinuance of nonconforming use . . . . . . . . . . . . . . . . . . . . . X.G
Intent of provisions XA
Prohibited activities; nonconfortning buildings . . . . . . . . . . . . . X.I
' Prohibited activities; nonconforming use . . . . . . . . . . . . . . . . . . X.D
Supp. No. 20
2103
ARDEN AILLS CODE
ZONING (Appendix A)-Cont'd. Section
Repairs, maintenance and interior remodeling; nonwnforming
use X.E
Restoration; nonconforming buildings . . . . . . . . . . . . . . . . . . . . . X.J
Restoration; nonconforming use X.F
Single-family dwelling and accessory buildings
Construction of on nonconforming lot X.K
Unsafe building or structure X.B
Noxious fumes
Emisaion or creation of, performance standards VI.F(6)
Odors
Emission or creation of, performance standards............ VI.F(6)
Off-street loading
Design standards VI.E(4)
Off-street parking areas ~
Defined II.D(92)
Off-street public street parking
Design standards . VI.E(1)
Ordinances repealed XIII.B
Parking ~
Definitions II.D
Off-public-street parking
Design standards VI.E(1)
~ Off•street parking areas
~ Defined II.D(92)
Traffic. See within thia title that subject
Vehicle parking, performance standards
Boulevards, parking on prohibited . . . . . . . . . . . . . . . . . . . . . . VI.F(3)(fl
I Commercially licenaed vehicles, trailers and cabs.... . . VI.F(3)(d)
Home occupation, number of parking spacea for VI.F(3)(e)
Inoperable vehicles VI.F(3)(a)
Intersections, parking setback from . . . . . . . . . . . . . . . . . . . . . VI.F(3)(g)
On-public-street parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI.F(3)(c)
Residential districta, parldng in . . . . . . . . . . . . . . . . . . . . . . . . VI.F(3)(b)
Unlicensed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI.F(3)(a)
Penalties for violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XTI.C
Performance standards
Animals VI.F(9)
Electrical and radiation emiasions VI.F(5)
~ Exterior storage VI.F(4)
Freeway
' Proximity of residential dwellings ta . . . . : . . . . . . . . . . . VI.F(7)
Lakefrontlots VI.F(8)
Maintenance VI.F(1)
Supp. No. 20 2104
~
CODEINDEX
ZONING (Appendix A)-Cont'd. Sectiot?
Noise, odors, vibrations, glare, smoke; heat, toxic or
nosious fumes
Emission or creation of VI.F(6)
Proximity of residential dwellings to freeway VI.F(7)
Refuse - - VI.F(2)
Site grading VI.F(10)
Vehicle parking VI.F(3)
Permits
Building permits. See within this title that subject
Planned unit development permita. See within this
title that subject
Special use permits. See within this title that subject
Permitted encroachmenta
Egceptions to the minimum requirementa for all
districta VI.8(2)
Permitted principle uses V.C
Picnic shelters
Detached outdoor picnic shelter
Size of certain accessory structures VI.A(7)
Planned unit development
Defined II.D(99)
Planned unit development permits
Concept plan (Optional)
Action by council VIII.G(2) (c)
Application documentation and administrative
procedure VIII.G(2) (b)
Denial of application for concept approval VIII.G(2) (e)
ftesubmiasion of denied application _VIII.G(2)(f)
Concept approval subject to apecified conditions VIII.G(2) (d)
Denial of application for concept appraval VIII.G(2)(e)
Resubmission of denied application VIII.G(2) (f)
Effect of concept approval VIII.G(2) (g)
Optional procedure VIII.G(2)(a)
General plan
Additional documentation
ftequired for general plan for larger complea
areas VIII.G(3)(c)
Application, documentation and administrative
procedure VTII.G(3) (a)
Denial of application VIII.G(3) (d)
Resubmission of denied application VIII.G(3)(e)
Denial of application for general plan approval _ VIII.G(3) (d)
Resubmission of denied application VIII.G(3) (e)
Development agreement and bonding
Asauring performance and conformance plan _ VIII.G(3)(h)
Final plat VIII.G(3) (g)
3upp. No. 9 2105
AItDEN HILL3 CODE
ZONING (Appendig A)-Cont'd. Section
Open space easements and covenants VIII.G(3) (i)
Other requirementa applicable to planned unit de-
velopment permit VIII.G(3) (b)
Staged developments VIII.G(8)(f)
Purpose and intent VIII.G(1)
Planning commisaion
Amendments. See also within thia title that subject
Public hearing of planning commission VIII.A(4)
Site plan review. See also within this title that
subject
Planning commission review VIII.E(4)
Referral to planning commiasion VIII.E(2)
Special use permits. See also within thia title that
subject
' Planning commission review VIII.C(5)
Keferral to planning commission VIII.C(3)
Planting plan
Site plan review, documentation required
Proviaions re planting plan VIII.E(c)
' Special use permits, documentation required
Provisions re planting plan VIII.C(2)(e)
Population
Planned unit development permit
Additional documentation required for larger com-
plea areas
Provisions re popnlation component VIII.G(8)(c)
Principal uses. See within this title: Special Principal
Uses
~ Defined _ II.D(180)
Purpose and intent I,g
Purpose of districts V.D
R.-1 Single-family residential district
Designation of district V.B
District re uirementn
q V.F
Land use chart V.E
Purpose of district V.D(1)
R-2 Single-family and two-family residential diatrict
Designation of districta V.B
District requirements V.F
Land use chart V.E
Purpose of diatrict V.D(2)
R-3 Townhouse and lovv density multiple dwelling
district
Designation of districts V.B
District requirements V.F
3upp. No. 9
2106
CODE INDE%
ZONING (Appendix A)--,Oont'd. Sectioa
Land nse chart V.E
Purpose of district V.D(3)
Ii-4 Multiple dwelling dietrict
Designation of dietricta `-..._V.B
District requirementa V.F
Land use chart V.E
Purpose of district V.D(4)
Radiation emisaions
Performance standarde VI.F(6)
Rap parlors
Special provisions XI.G
Reclamation of land
Defined II.D(64)
Recreational areae, public
Drive-in businesaes, faet food restaurants
Location near public recreational areue VI.C(1)
Beducing requirements III.B
Refuse (Waste materials, debris, refuse or garbage)
Performance standarda
Compliance deadlitte VI.F(2) (d)
Containment VI.F(2)(a)
InterpretationVI.F(2)(c)
Nogious weeda and objectionabie plant growth VI.F(2) (b)
$eaidential lota
Drive-in businessea, fast food restaurants
Location ttear residential lots VI.C(1)
Itesidential zoning diatricts
Design atandards for principal structures in VI.E(14)
Restaurants
Definitiona __-__1I.D(106) et seq.
Fast food restaurants
Additional minimum requirements for VI.C
Rezoninga
Application VIII.B(i)
Business diatricts ~ ~ VIII.B(3)
Documentation required - VIII.B(2)
Bules of construction II.A
~ 3attitary sewers
Aress without sanitarq sewers VI.D
Saunas
Special provisions XI.G
Schools
Definitions
Drive-in businesses, fast food restauranta
Location near schools -__VI.C(1)
Supp. No. 9 2107
ABDEN HILLS CODE
ZONING (Appendig A)-Cont'd. Section
Scope of provisions II.B
Screening. See also within this title: Fences, Walls
and Hedges
Bulk liquid atorage VI.E(10)(d)
Design standards - VI.E(8)
Drive-in businesses, fast food restaurants and auto-
mobile service stationa
Additional minimum requirements for screexung VI.C(2)(e)
Separability of provisiona %III.A
Setbacks
Exceptions to the minimnm requirementa for all
districta VI.B(1)
Parking setback from intersectiona VI.F(3) (g)
Sewers
Areas without sanitary sewera VI.D
Signs
Defined
Drive-in busineasea, fast food reataurants and auto-
mobile service stations
Additional minimum requirementa VI.C(2)(g)
Special provisions XI.F
Site grading
Performance standarde VI.F(10)
Site plan review
Action by the council VIII.E(6)
Administrative records VIII.E(9)
Documentation required VIII.E (1)
Expiration of building permit approval ~ VIII.E(7)
Periodic review VIII.E(8)
Planning commission review VIII.E(4)
Iteferral to others VIII.E(3)
R.eferral to planning commisaion VIII.E(2)
Itesubmission of denied applications VIII.E(6)
Site plans
Special use permit, documentation required
Provisions re site plans VIII.C(2),(c)
Smoke
Emission or creation of, performance atandards VI.F(6)
Snow storage
Drive-in businesaes, fast food reatauranta and anto-
mobile service stations
Additional minimum requirements _ VI.C(2)(d)
Soil processing
Defined II.D(118)
Special provisions RI.D
8upp. No. 9
2108
CODE INDE%
ZONING (Appendix A)-Oont'd. Sestion
Special principal uses
Automatic espiration VII.E
Building permits
Issuance before special use permit prohibited VII.F
Changes in specially permitted use VII.D
General criteria VII.B
Imposition of conditions; violations thereof VII.C
Medium- and high-density residential uses VII.H
Purpose and intent VII.A
Special uses generally VII.G
Special provisions RI
$pecial use permits
Action by council VIII.C(8)
Administrative recorda VIII.C(13)
Amendmenta of permit VIII.C(11)
Application VIII.C(1)
Resubmission of application denied VIII.C(10)
Denial of permit VIII.C(9)
Resubmission of application denied - VIII.C(10)
Documentation required VIII.C(2).
Periodic review VIII.C(12)
Planning commisaion review VIII.C(6)
Public hearing VIII.C(7)
Official notice of VII.C(6)
Referral to others VIII.C(4)
Referral to planning commiasion VIII.C(3)
Special usea
Defined II.D(119)
State fire marshal. See within thia title: Fire Marshal,
State
Design standards
Flammable and combuatible liquids storage VI.E(10)
Storage, egterior
Defined II.D(47)
Performance standards - VI.F(4)
Streets
Defined II.D(122)
Vacated streets IV.D
Vehicle par3ring, performsnce standards. See within
this title: Parking
Structural plans
Site plan review, documentation required
Provisions re structural plan VIII.E(d)
Special use permits, documentation required
Proviaions re structural plans VIII.C(2)(f)
Structure relocation VIII.F
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ZONING (Appendix A)-Cont'd. Section
Subdivisions
Amendments
Rezoning amendments; additional procedurea in
Subdivision B VIII.A(8)
Planned unit development permit
Additional documentation required for larger com-
plez areas
Provisions ra aubdiviaion deeiQn componentts VIII.G(8)(c)
Surreqs
Planned unit development permits, Concept plan
Provisiona re aurveya VIII.G(2) (b)
R.ezoninge, documentation required
Provisions re surveys VIII.B(2) (c)
Special uae permits, documentation required
Provisions re surveys VIII.C(2) (b)
Swimming pqols
Special provisions RI.B
Temporary dwellings III.C
Tenta
Temporary dwellinga III.C
Title I.A
Tower
Miscellaneous tower, defined II.D(147)
Toric or noaRaious fumes .
Emissipn or creation oi, performance etandarda VI.F(6)
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CODE INDEX
ZONING (Appendix A)-Cont'd. Section
Traffic
Design standards, traffic control VI.E(11)
Drive-in busineeses, fast food restauranta and auto-
mobile service stationa
Traffic circulation VI.C(2)(h)
Unreasonable volume VI.C(1)
Driveways
Performance standards, requirements for vehicular
circulation. See within this subtitle that sub-
ject
Parking. See within this title that subject
Performance standarda, requirements for vehicular
circulation
Driveway widths VI.G(3)
Minimum distance of driveway from street inter-
sections - - - - - - VI.G(b)
Minimum driveway angle to public street VI.G(4)
On-site parking facility VI.G(2)
Traffic and circulation VI.G(1)
Planned unit development permits, general plan
Provisions re traffic and parking component VIII.G(3) (c)
Unreasonable traffic volume, location requirements VI.C(1) (c)
Vehicle parking. See within this title: Parking
Trailers
Exterior storage, performance standards VI.F(4)(b)
Temporary dwellings III.C
Vehicie parking, perforxnance standards
Commercially licensed vehicles, trailers and cabs VI.F(3) (d)
Trees and shrubbery
Landscaping. See within this title that subject
Planting plan. See within this title that subject
Trellises
Size of certain accessory atructures VI.A(7)
Uses
Defined II.D(128)
Nonconforming structures, uses, buildings, lots. See
within this title that subject
Permitted principle usea V.C
Special principal uses. See within this title that
aubject
Special use permits. See within this title that subject
Utility vehicles
Defined II.D(135)
Egterior storage, performance standards VI.F(4)(b)
Vacant lots
Structure reIocation VIII.F
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ZONING (Appendix A)-C3ont'd. Section
Vacated streets IV.D
Variances VIII.D
Board of appeals and adjustments
Powers re variances IV.C(2)
Defined II.D(138)
Vegetation
Hedges. See within this title: Fences, Walls and
Hedges
Landscaping. See within this title that subject
Planting plan. See within this title that subject
Vehicles
Definitions II.D
Eaterior storage, performance standards
Boats, trailers and utility vehicles VI.F(4) (b)
Traffic. See within this title that subject
Vehicle parking. See within this title: Parking
Vibrations
Emission or creation of, performance standards VI.F(6)
Violations, penalties XII.C
Walls. See within this title: Fenees, Walls and Hedges
Waterfront areas
Lakefront lots, performance standards. See within
this title that subject
Waterfront uses
Defined II.D(141)
Zoning map and boundaries of zoning districts
Annexed territory IV.C
Boundaries of zoning district IV.B
Definition of "Zoning map" II.D(146)
Rezoning IV.A(1)
Vacated streets IV.D
Zoning and the comprehensive development plan IV.E
Zoning map generally IV.A
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