HomeMy WebLinkAbout2022-07-18 City Code
City of Centerville Code of Ordinances
OFFICIALS OF THE CITY OF CENTERVILLE, MINNESOTA
D. LOVE
MAYOR
STEVEN KING
RUSSEL KOSKI
MICHELLE LAKSO
DARRIN MOSHER
CITY COUNCIL
MARK STATZ
CITY ADMINISTRATOR
THIS CODE CONSTITUTES A RECODIFICATION OF THE GENERAL
AND PERMANENT ORDINANCES OF THE CITY OF CENTERVILLE,
MINNESOTA. ALL PRIOR VERSIONS OF THIS CODE HAVE BEEN
REPEALED.
JULY 18, 2022
/źƩĭğhƩķźƓğƓĭĻЊЊБ
CHAPTER10:GENERALPROVISIONS
Section
10.01 Title of code
10.02 Rules of interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Severability
10.07 Reference to other sections
10.08 Reference to offices
10.09 Errors and omissions
10.10 Official time
10.11 Reasonable time
10.12 Ordinances repealed
10.13 Ordinances unaffected
10.14 Effective date of ordinances
10.15 Repeal or modification of ordinance
10.16 Ordinances which amend or supplement code
10.17 Preservation of penalties, offenses, rights and liabilities
10.18 Copies of code
10.19 Adoption of statutes and rules by reference
10.20 Through 10.78 Reserved for Future Use
10.79 Administrative offense
10.99 General penalty
§ 10.01 TITLE OF CODE.
(A) (1) All ordinances of a permanent and general nature of the City of Centerville, as revised, codified,
rearranged, renumbered and consolidated into component codes, titles, chapters and sections,
shall be known and designated as the city code, for which designation code of ordinances,
codified ordinances or code may be substituted.
(2) Code title, chapter and section headings do not constitute any part of the law as contained in the
code.
(B) (1) All references to codes, titles, chapters and sections are to the components of the code unless
otherwise specified. Any component code may be referred to and cited by its name, such as the
traffic code.
2 tğŭĻ
(2) Sections may be referred to and cited by the designation Ð£Ñ followed by the number, such as £
10.01.
(3) Headings and captions used in this code other than the title, chapter and section numbers are
employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.02 RULES OF INTERPRETATION.
(A) Generally. Unless otherwise provided herein, or by law or implication required, the same rules of
construction, definition and application shall govern the interpretation of this code as those governing
the interpretation of state law.
(B) Specific rules of interpretation. The construction of all ordinances of this city shall be by the following
rules, unless that construction is plainly repugnant to the intent of the legislative body or of the context
of the same ordinance.
(1) AND or OR. Either conjunction shall include the other as if written and/or, whenever the
context requires.
(2) Acts by assistants. When a statute, code provision or ordinance requires an act to be done which,
by law, an agent or deputy as well may do as the principal, that requisition shall be satisfied by
the performance of the act by an authorized agent or deputy.
(3) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to
include the feminine and neuter genders; words in the singular shall include the plural, and words
in the plural shall include the singular; the use of a verb in the present tense shall include the
future, if applicable.
(4) General term. A general term following specific enumeration of terms is not to be limited to the
class enumerated unless expressly so limited.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted
which amend or supplement this code unless otherwise specifically provided.
§ 10.04 CAPTIONS.
Headings and captions used in this code other than the title, chapter and section numbers are employed
for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.05 DEFINITIONS.
(A) General rule.
3 tğŭĻ
(1) Words and phrases shall be taken in their plain, or ordinary and usual sense.
(2) However, technical words and phrases having a peculiar and appropriate meaning in law shall be
understood according to their technical import.
(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CITY.
(a) The City of Centerville, Minnesota. The area within the corporate boundaries of the city as
presently established or as amended by ordinance, annexation or other legal actions at a future
time.
(b) The term CITY when used in this code may also be used to refer to the City Council and its
authorized representatives.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by amendment,
revision and adoption of new titles, chapters or sections.
COUNTY. Anoka County, Minnesota.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH.
(a) An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and
in those cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and
AFFIRMED. All terms shall mean a pledge taken by the person and administered by an
individual authorized by state law.
OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office,
employee, commission or department of this city unless the context clearly requires otherwise.
PERSON.
(a) Extends to and includes an individual, person, persons, firm, corporation, co-partnership, trustee,
lessee or receiver.
(b) Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or
WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof,
and as applied to corporations, the officers or agents thereof.
4 tğŭĻ
PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Minnesota.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis
and a capitalized heading in the body of the chapter, setting apart a group of sections related by the
subject matter of the heading. Not all chapters have SUBCHAPTERS.
WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed.
§ 10.06 SEVERABILITY.
If any provision of this code as now or later amended or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision
or application.
§ 10.07 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, that reference shall extend and
apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject
matter is changed or materially altered by the amendment or revision.
§ 10.08 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this
city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of
functions or change in the official title of the functionary.
§ 10.09 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or
words necessary to express the intention of the provisions affected; the use of a word or words to which no
meaning can be attached; or the use of a word or words when another word or words was clearly intended to
express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will
conform with the manifest intention, and the provisions shall have the same effect as though the correct words
5 tğŭĻ
were contained in the text as originally published. No alteration shall be made or permitted if any question
exists regarding the nature or extent of the error.
§ 10.10 OFFICIAL TIME.
The official time, as established by applicable state and federal laws, shall be the official time within this
city for the transaction of all city business.
§ 10.11 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable
notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a
prompt performance of the act or the giving of the notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first
day and including the last. If the last day is a legal holiday or a Sunday, it shall be excluded.
§ 10.12 ORDINANCES REPEALED.
(A) This code, from and after its effective date, shall contain all of the provisions of a general nature
pertaining to the subjects herein enumerated and embraced.
(B) All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and
after the effective date of this code.
§ 10.13 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not
embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary
implication.
§ 10.14 EFFECTIVE DATE OF ORDINANCES.
All ordinances adopted by the legislative body requiring publication shall take effect from and after the
due publication thereof, unless otherwise expressly provided.
§ 10.15 REPEAL OR MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent
ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until
6 tğŭĻ
the publication of the ordinance repealing or modifying it when publication is required to give effect to
it, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under
any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be
prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is
otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal
shall not be construed to revive the former ordinance, clause or provision, unless it is expressly
provided.
§ 10.16 ORDINANCES WHILE AMEND OR SUPPLEMENT CODE.
(A) If the City Council shall desire to amend any existing chapter or section of this code, the chapter or
section shall be specifically repealed and a new chapter or section, containing the desired amendment,
substituted in its place.
(B) (1) Any ordinance which is proposed to add to the existing code a new chapter or section shall
indicate, with reference to the arrangement of this code, the proper number of the chapter or
section.
(2) In addition to this indication as may appear in the text of the proposed ordinance, a caption or
title shall be shown in concise form above the ordinance.
§ 10.17 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted
and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued,
penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and
rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not
been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts
entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of
corporate officers shall remain valid in all respects, as if this code had not been enacted.
§ 10.18 COPIES OF CODE.
The official copy of this code shall be kept in the office of the City Administrator for public inspection.
The City Administrator shall provide a copy for sale for a reasonable charge.
§ 10.19 ADOPTION OF STATUTES AND RULES BY REFERENCE.
7 tğŭĻ
It is the intention of the City Council that, when adopting this code, all future amendments to any state
or federal rules and statutes adopted by reference in this code or referenced in this code are hereby adopted by
reference or referenced as if they had been in existence at the time this code was adopted, unless there is clear
intention expressed in the code to the contrary.
§ 10.20 THROUGH 10.78 RESERVED FOR FUTURE USE.
§ 10.79 ADMINISTRATIVE OFFENSE.
(A) Purpose. Administrative offense procedures established pursuant to this section are intended to provide
the public and the city with an informal, cost-effective and expeditious alternative to traditional criminal
charges for violations of certain code provisions. The procedures are intended to be voluntary on the part
of those who have been charged with administrative offenses. At any time prior to the payment of the
administrative penalty as is provided for in division (I), the individual may withdraw from participation
in the procedures, in which event, the city may bring criminal charges. In addition, the city, in its
discretion, may choose not to initiate an administrative offense and may bring criminal charges in the
first instance. In the event a party participates in the administrative offense procedures but does not pay
the monetary penalty which may be imposed, the city may seek to collect the costs of the administrative
offense procedures as part of any subsequent criminal sentence, in the event the party is charged and is
adjudicated guilty of the criminal violation.
(B) Administrative offense defined. A violation of any section of this code when one performs an act
prohibited or fails to act when such failure is thereby prohibited and is subject to the penalties set forth
in this code.
(C) Notice. Any officer of the City Police Department, or any other person employed by the city, authorized
in writing by the City Administrator, and having authority to enforce this code, shall, upon determining
that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the
vehicle a notice of the violation. Said notice shall set forth the nature, date and time of violation, the
name of the official issuing the notice, and the amount of the scheduled penalty.
(D) Payment. Once such notice is given, the alleged violator may, within seven days of the time of issuance
of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request that
the matter be referred to the Anoka County Courts. The penalty may be paid in person or by mail, and
payment shall be deemed to be an admission of the violation. Administrative penalties for tags issued
by the Centennial Lakes Police Department shall be paid to the Centennial Lakes Police Department.
(E) Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty,
criminal charges may be brought against the alleged violator in accordance with applicable Code
sections or state statutes. If the penalty is paid, no such charge may be brought by the city for same
violation.
(F)Disposition of penalties. All penalties collected shall be periodically paid over to the City Finance
Department.
8 tğŭĻ
(G) Offenses and penalties. Penalties shall be imposed for violation of the scheduled administrative offenses
according to a schedule duly established and adopted from time to time by resolution of the City
Council. Any person violating a section of this code shall be subject to the scheduled penalty, not to
exceed the amount provided for petty misdemeanors.
(H) Subsequent offenses. In the event a party is charged with a subsequent administrative offense within a
12-month period of paying that administrative penalty for a same or similar offense, the subsequent
administrative penalty shall be increased by 25 percent above the previous administrative penalty.
§ 10.99 GENERAL PENALTY.
(A) Any person, firm or corporation who violates any provision of this code for which another penalty is not
specifically provided shall, upon conviction, be guilty of a misdemeanor.
(B) Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes
specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction,
be guilty of a petty misdemeanor.
(C) In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A
separate offense shall be deemed committed upon each day during which a violation occurs or
continues.
(D) The failure of any officer or employee of the city to perform any official duty imposed by this code shall
not subject the officer or employee to the penalty imposed for a violation.
9 tğŭĻ
TITLE III: ADMINISTRATION
Chapter
30. GENERAL PROVISIONS
31. DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES
32. GENERAL AUTHORIZATION
33. SPECIAL ASSESSMENTS
10 tğŭĻ
CHAPTER30:GENERALPROVISIONS
Section
30.01 Elections; terms of Mayor and Council Members
30.02 Mayor and council obligations, salary of mayor & council/special requirements for elected
officials to be considered for city employment
30.03 Administrator
30.04 Personnel policies adopted by reference
30.05 Community Service Officer
30.06 Building Inspector
§ 30.01 ELECTIONS; TERMS OF MAYOR AND COUNCIL MEMBERS.
(A) Date of elections. The regular city election shall be held biennially on the first Tuesday after the first
Monday in November in every even-numbered year.
(B) Terms of Mayor and Council Members. Two Council Members shall be elected for four-year terms at
each biennial election. The Mayor shall be elected for a two-year term at each such election.
Ord. #9, amended 06/12/1974
§ 30.02 MAYOR AND COUNCIL OBLIGATIONS, SALARY OF MAYOR & COUNCIL/SPECIAL
REQUIREMENTS FOR ELECTED OFFICIALS TO BE CONSIDERED FOR CITY EMPLOYMENT
(A) Obligation to attend meetings. It is the obligation of each elected official to attend regular and special
meetings and; the Council may compel the attendance of members. There will be no penalty for
members missing up to three (3) regular or special meetings per year; thereafter a missed meeting will
result in a deduction from compensation of $50 per meeting, unless excused by majority vote of the
Council.
(B) Salary of Mayor. The salary for the Mayor is hereby established at $525.00 per month. (Effective date
1/1/2007)
(C) Salary of Council members. The salary for Council Members is hereby established at $450.00 per
month. (Effective date 1/1/2007)
(D) Eligibility for employment. An incumbent mayor or council member may not be considered for regular
employment with the City unless such person has resigned from such elected office before making
application for employment. A former Mayor or Council Member may not be considered for a position
11 tğŭĻ
of Administrator, Finance Director or Public Works Director unless at least 12 months has elapsed since
holding such elected office.
(E) Duties of Mayor. The mayor shall preside at meetings of the council and shall have a vote as a member,
except that the council shall choose from its members a mayor pro tem who shall hold office at the
pleasure of the council and shall serve as mayor in case of the mayorÓs disability or absence. The mayor
shall exercise all powers and perform all duties conferred and imposed upon the mayor by ordinances of
the city and the laws of the state. They mayor shall be recognized as the head of the city government for
all ceremonial purposes, but the courts for serving civil process, and by the governor for purposes of
marital law, but shall have no administrative duties unless specifically ordained. The mayor may deliver
messages to the council and the public, including a comprehensive message on the annual state of the
city.
(F) Duties of the Council. The council, including the mayor sitting as presiding officer of the council, shall
exercise all powers and perform all duties conferred and imposed upon its members by ordinances of the
city and the laws of the state. Consistent with the responsibilities to accept considerable leadership over
the general conduct of city affairs, the members shall study the operations of the city government, and
recommend desirable changes and improvements to the council. To that end the members must perform
all of the duties of office including but not limited to attendance at all regular and special meetings to the
council, and all attendant and supporting duties such as service on, or liaison to committees of city
government or city services, serving as public representatives of the city, and by generally educating
themselves about the affairs of the government by listening and responding to members of the
community.
Ord. 2d #9, amended 07/26/2006, Ord. 2d. #10, amended 08/09/2006
§ 30.03 ADMINISTRATOR.
(A) Generally. The Administrator shall have the duties and responsibilities set forth below.
(B) Duties. The Administrator shall:
(1) Direct the administration of city affairs as provided by City Council action, state and federal
statutes, and coordinate with the City Council in the administration of city affairs;
(2) Perform all functions of Clerk and Treasurer imposed by state law and city ordinances;
(3) Coordinate and enforce all ordinances, regulations and law enforcement policies of the City
Council and all laws of the state applicable within the city;
(4) Prepare an annual fiscal budget and capital improvement plan for submission to the City
Council, maintain financial guidelines for the city within the scope of the approved budget and
capital plan and submit monthly reports to the City Council of the financial condition of the
cityÓs accounts;
12 tğŭĻ
(5) Administer an account book/records in which shall be entered all money transactions of the city,
including the dates, amounts and the person or business from whom the money was received or
paid out to, and administer expenditure of funds only within the limits established and approved
by the City Council;
(6) Attend and participate in all City Council meetings, and attend with discretion or by invitation
other committee and commission meetings;
(7) Coordinate city programs and activities as authorized by the City Council; and
(8) Coordinate development, collect and analyze material for reporting, conduct and implement
studies, procedures, operations and organization.
(C) Bonding. The Administrator shall be bonded at the cityÓs expense. This shall be a position bond which
will indemnify the city.
(D) Absence or temporary vacation. In the absence of or temporary vacancy in the position of
Administrator, the title of Administrator as written in all ordinances and resolutions adopted by the City
Council shall be replaced with the title of City Council.
(E) Appointment and removal.
(1) The Administrator shall be appointed by the City Council with a majority vote.
(2) Removal of the Administrator will be by a majority vote of the City Council.
Ord. #22-A, amended 07/27/1988
§ 30.04 PERSONNEL POLICIES ADOPTED BY REFERENCE.
The personnel policies of the city, as may be revised from time to time, are hereby adopted by reference
and shall be treated as if set forth in full herein.
§ 30.05 COMMUNITY SERVICE OFFICER.
(A) Definition. A Community Service Officer (CSO)/Crime Prevention Officer (CPO) is a non-sworn
uniformed officer who is required to work under varying conditions with different members of the
Police Department and the communities.
(B) Powers. Notwithstanding anything to the contrary contained in this section, individuals employed as
Community Service Officers by the Centennial Lakes Police Department, or other entity which provides
law enforcement services to the city, are hereby authorized to issue citations in lieu of arrest or
continued detention to persons who violate any provision of the code or state statutes as are authorized
by the Police Chief of the Department.
13 tğŭĻ
§ 30.06 BUILDING INSPECTOR.
(A) The duly appointed Building Official is authorized to issue citations in lieu of arrest or continued
detention to persons who violate ordinances of the city.
(B) This section is adopted to comply with the requirement in Chapter 334, Section 5 of Laws 1987 Regular
Session.
Ord. #47, amended 02/08/1989
14 tğŭĻ
CHAPTER31:DEPARTMENTS,BOARDS,COMMISSIONSANDCOMMITTEES
Section
31.01 Establishment of Planning and Zoning Commission and Parks and Recreation Committee
31.02 Bylaws for committees
31.03 Establishment Of Personnel Board
§ 31.01 ESTABLISHMENT OF PLANNING AND ZONING COMMISSION AND PARKS AND
RECREATION COMMITTEE.
(A) This section establishes a City Planning and Zoning Commission, and a Parks and Recreation
Committee. The purpose of these Committees is advisory and they may make recommendations to the
City Council for consideration regarding matters relating to this Committee.
(B) For the purpose of this chapter, the terms Commission and Committee are used interchangeably. Policy
refers to Commissioners and Committee Members alike.
Ord. #72, adopted 12/19/2002, Ord. 2d #23, amended 12/10/2008
§ 31.02 BYLAWS FOR COMMITTEES.
(A) Authority. The Committee has the authority to conduct investigations and to make recommendations;
however, it may not make decisions on behalf of the Council. Committees are subject to the same rules
as the City Council under the open meeting laws. The CouncilÓs final decision, however, and not the
CommitteeÓs recommendation, binds the city. The Committee may not enter into a contract, employ
workers or authorize expenditures.
(B) Eligibility. Any resident of the city is eligible to apply as a Committee Member. This individual is
welcome to serve on one committee at a time.
(C) Appointments.
(1) Each member of the Committee will be appointed by the City Council via a letter of interest
submitted to the City Administrator. This letter will be received by the City Administrator no
later than November 1 of each year. This same action will take place if a vacancy should
happen. On an annual basis, the City Administrator would ascertain those who desire to remain
on the Committee.
(2) Seven members shall be appointed to each City Committee.
(D) Appointment of officers. At the first meeting of the year, the Committee will appoint by majority vote a
Chair and a Vice-Chair.
15 tğŭĻ
(E) OfficersÓ duties.
(1) (a) The Chairperson shall preserve order, enforce the rules of procedure herein
prescribed and determined without debate, subject to the final decision of the
Commission/Committee on appeal, all questions of procedure and order. The
Chairperson will also give leadership; sign reports; write correspondence to be signed by
either the City Administrator or the Mayor; compile or assist in the preparation of the
agenda as authorized by the Committee; and appoint task forces as authorized by the
City Council.
(a)The Vice-Chairperson shall support and assist the Chairperson; preside over the
Committee meetings in the absence of the Chairperson; and fill the office of the
Chairperson if a vacancy should arise.
(2) Any Committee Member may appeal a decision of the Chair. To do this, a Committee Member
states, ÐI appeal the decision of the Chair,Ñ immediately after the Chair announces the decision.
Recognition from the Chair is not necessary when making an appeal. The appeal must be
seconded, is debatable and cannot be amended. After the debate, the Committee votes on the
ChairÓs decision. A majority of ÐyesÑ votes upholds the decision of the Chair and a majority of
ÐnoÑ votes overrule the decision. A tie vote sustains the ruling. The Chair may vote to uphold
his or her own ruling. If no one appeals a ruling as soon as the Chair makes it, it becomes the
rule of the Committee.
(F) Meetings.
(1) Regular meetings. Regular meetings of the Committee shall be held on the same day of each
calendar month at the same time, set by the Committee and approved by the Council. Any
regular meeting falling upon a holiday shall be rescheduled by the Committee for an alternative
date, with enough time to be properly noticed to the public. The Administrator shall maintain a
schedule of regular meetings. This schedule shall be available for public inspection during
regular business hours at the AdministratorÓs office. All meetings, including special emergency
meetings, shall be held at City Hall unless otherwise specifically noticed.
(2) Special meetings. Any three members of the Committee may call a special meeting of the
Committee upon at least 72 hoursÓ written notice to each member of the Committee and
Administrator. This notice shall be delivered personally to each member, or left at the memberÓs
place of residence. Similar written notice shall be mailed at least three days prior to the meeting
date to those who have requested notice of special meetings. This request must be in writing and
filed with the Administrator, designating an official address where notice may be mailed. The
request will be valid for one year.
(3) Emergency meetings.
(a) Any three members of the Committee may call an emergency meeting of the Committee
when circumstances require the immediate consideration of the Committee.
16 tğŭĻ
(b) Notice may be in writing personally delivered to Committee members or may be in the
form of personal telephone communication. Notice must include the date, time, place
and purpose of the meeting. Where practical, the Administrator shall make an effort to
contact news-gathering organizations that have filed a request to receive notice of special
meetings.
(G) Public notice and open meeting.
(1) Public notice. The Administrator must post written notice of the date, time, place and purpose of
the meeting on the City Hall bulletin board. Notice of meetings must be posted at least three
days before the date of the meeting.
(a) When the performance of an act is ordered within a fixed period of time, the time is
computed as excluding the first day and including the last day of the prescribed or fixed
time period, unless the last day falls on a Saturday, Sunday or legal holiday. For
example, if a meeting is scheduled for a Thursday, notice has to be given on Monday to
meet the three-day notice provision. In this scenario, Tuesday is day one, Wednesday is
day two and Thursday is day three. Monday is not included in the time computation.
Similarly, if a special meeting is planned for Monday, notice must be given on Friday;
Saturday and Sunday are included in the time computation since they are not the last day
of the fixed period.
(b) If the Committee meets where a quorum is in attendance, the city must make public
notice.
(2) Open meeting law. Under the Minnesota Open Meeting Law, all city committee meetings must
be open to the public.
(a) The open meeting law serves three vital purposes:
1. To prohibit actions from being taken at a secret meeting where the interested
public cannot be fully informed of the decisions of public bodies or detect
improper influences;
2. To ensure the publicÓs right to be informed; and
3. To give the public an opportunity to present its views.
(b) The law prohibits the use of telephone conversations, e-mail or letters in a decision-
making process among a quorum of members designed to avoid an open meeting.
(c) Any person who intentionally violates the open meeting law is subject to personal
liability in the form of a civil penalty. The public body may not pay the penalty.
17 tğŭĻ
(H) Minutes. The Committee must keep a full and accurate record of its actions at every Committee
meeting. The Administrator records the Committee proceedings in a minute book. In the absence of the
city staff member to take the minutes, the Committee should delegate the duty of taking minutes for that
meeting.
(1) The minutes should be written in language and in terms the average citizen understands.
(2) If the Committee finds a mistake in the minutes of the previous meeting, the minutes will be
corrected during the current meeting and reflected in the minutes.
(3) Once the Committee has formally approved the minutes of any meeting, the minutes should not
be changed under any circumstances.
(4) Minutes are official papers of the city. Minute books are public records, shall be kept on file
with the Administrator and must be available for public view at any reasonable time.
(5) The following information should be included in the minutes:
(a) The time and place of the meeting;
(b) The members present;
(c) A summary of all decisions made by the Committee, including a copy of each motion
exactly as stated, whether or not the motion had a second and, if the motion was
seconded, whether or not the Committee adopted it, and the names of the people who
made and seconded the motion; and
(d) The names of the Committee Member who voted either for or against each motion.
(I) Order of business. Each meeting of the Committee shall convene at the time and place appointed.
(1) Committee business shall be conducted in the following order:
(a) Call to order;
(b) Approval of agenda;
(c) Awards/presentations/appearances;
(d) Public hearings;
(e) Committee business;
(f) Consent agenda;
(g) Approval of Committee minutes;
18 tğŭĻ
(h) Announcements/updates; and
(i) Adjournment.
(2) The order of business may be varied by the presiding officer, but all public hearings shall be held
at the time specified in the notice of the hearing.
(3) The Chairperson/staff liaison shall prepare an agenda of business for each regular Committee
meeting and file a copy in the office of the Administrator. The agenda shall be prepared in
accordance with the order of business and copies shall be delivered to each Committee member
and to others as far in advance of the meeting as time for preparation will permit. No item of
business shall be considered unless it appears on the agenda for the meeting or is approved for
addition to the agenda by majority vote of the Committee present.
(4) (a) The Chairperson/staff liaison shall see that at least one copy of printed materials
relating to agenda items is available to the public in the meeting room while the
Committee considers the subject matter.
(b) The agenda item shall not be considered unless this provision is complied with.
(c) This section does not apply to those materials that are classified as other than
public under the Minnesota Data Practices Act or materials from closed meetings.
(J) Motions.
(1) Generally. The Committee transacts business through motions made by Committee Members.
These motions are seconded, and subsequently passed or rejected by Committee vote.
(a) The Committee Member states his or her motion (usually in the following form:
ÐI move . . . \[text of the motion\]Ñ). The Committee Member making a motion
does not need to favor it or vote for it. The Committee Member may wish to put
the issue before the Committee so a decision can be made.
(b) Another Committee Member then seconds the motion by saying: ÐI second the
motion.Ñ
(c) The Chair recognizes the motion and opens the pending motion to discussion. The
presiding officer calls for the vote at the end of the discussions and announces the
result of the vote.
(2) Motion to reconsider. This motion enables a Committee to set aside a vote it previously took,
and to reconsider the matter as though it had not voted on the issue. Only a person who
originally voted on the prevailing side may move to reconsider. Make the motion by saying, ÐI
move to reconsider . . . \[stating the motion to be reconsidered\].Ñ The Committee may debate the
motion. If the Committee passes the motion to reconsider, it must then reconsider the original
19 tğŭĻ
motion and take another vote. If the Committee defeats a motion to reconsider, no further action
is necessary.
(3) Motion to postpone indefinitely. There is an important difference between the motion to
postpone indefinitely and the motion to postpone temporarily. The motion to postpone
temporarily is more commonly called a motion to Ðlay on the tableÑ or Ðto table.Ñ The motion to
postpone postpones consideration of the motion until some undetermined, future time. The
Committee may consider a tabled motion whenever a majority of the members decide to do so.
A motion to postpone indefinitely, however, is the equivalent to a negative vote on the main
motion. Thus, the issue can be raised again only by a motion made by someone on the prevailing
side of the vote since, unless someone changes his or her mind, the motion to postpone will once
again prevail.
(4) Motion to limit debate. A Committee may limit debate by placing a time limit on debate, such as
a limit of three minutes to consider a particular motion; or limiting the number of people who
may speak for and against a certain motion, such as a limit of three speakers in favor and three
speakers opposed.
(5) Motion to amend. Committee Members may offer amendments to a main motion at any time. In
addition, it is possible to amend an amendment currently under consideration. Beyond this,
Committee Members can offer no further amendments. When a member has made a motion to
amend, the vote on the amendment must precede the vote on the original motion. After the
Committee has accepted or rejected the amendment, another vote on the original motion is
necessary.
(6) Motion to substitute. This is a motion to replace one motion with another on the same subject.
A Committee Member may move to substitute a main motion or an amendment to a main
motion. One form for making a substitute motion is to say, ÐI wish to introduce the following
substitute motion . . . \[present the substitute motion\].Ñ When a substitute motion is before the
Committee, the Committee must decide which of the two motions, the original motion or the
substitute motion, to consider. The Committee must vote on the question. A ÐyesÑ vote favors
considering the substitute motion. A ÐnoÑ vote favors considering the original motion. The
Committee must then discuss and vote on the selected motion.
(K) Quorum. At all Committee meetings, a majority of the appointed members shall constitute a quorum for
the transaction of business, but a smaller number may adjourn from time to time.
(L) Voting. The votes of the members on any questions may be taken in any manner which signifies the
intention of the individual members, and the votes of the members on any action taken shall be recorded
in the minutes. Any member that is present but does not vote, the minutes as to that memberÓs name
shall be recorded as an abstention.
(M) Council liaison. The Committee may request from the Council a liaison to attend their meetings.
Council may elect to appoint a Council Liaison to the Committee. The liaison will act as a
communicator to and from the Council/Committee.
20 tğŭĻ
(N) Removal from Committee participation. Any member of the Committee may remove himself or herself
from participation in the Committee by a letter of resignation being submitted to the City Administrator.
Any member of the Committee may be removed by Council.
(O) Attendance. Any member who fails to attend three consecutive or four meetings in one year will be
removed by the City Council.
(P)Compensation. All Committee Members shall serve without compensation unless a stipend has been set
by Council for meeting attendance and at the CouncilÓs pleasure.
(Q) Budget. On or before the end of July, the Committee shall submit to Council a budget request for
anticipated expenditures for the upcoming year.
(R) Expenditures.
(1) The Committee is not allowed to expend funds, order any items or contract with vendors for
services.
(2) All requests will be forwarded to the City Administrator for Council approval and subsequent
ordering by city staff. The Finance Director will submit to the Committee a report setting forth
in detail a complete report of all expenditures incurred during the year.
(S) Referral and reports. Any matter brought before the Committee for consideration will be acted on
promptly and forwarded to Council for consideration.
(T) Ethics Policy. Committee members shall be subject to the City of Centerville Ethics Policy.
(U) Incompatible offices. If a Committee Member receives a certificate of election to the City Council or
MayorÓs office, the individual is considered to have resigned from the Committee.
(V) Amendment of rules. The city reserves the right to change the provisions of these bylaws from time to
time without notice.
Ord. #72, adopted 12/19/2002, Ord. 2d # 23, amended 12/10/2008
SECTION 31.03. ESTABLISHMENT OF PERSONNEL BOARD
(A) The purpose of this section is to establish a Personnel Board. The Board is a subset of the City Council
that can act with greater flexibility than the Council. The BoardÓs main purpose is to research and
investigate high-level and policy level personnel matters for the limited purpose of making
recommendations to the Council. The Board is also granted a limited role in specified areas calling for
the immediate involvement of members of the Council; subject to ultimate ratification by the Council.
The Board is not intended to involve itself in the day-to-day operations of the City or infringe on the
authority of the City Administrator.
21 tğŭĻ
(B) Establishment and Composition. A Personnel Board is hereby established and shall consist of two
members of the City Council and the City Attorney. The Board is an ad hoc board of the Council, and
the other provisions of this chapter shall not apply to its operations and duties. The Board shall convene
only when necessary to fulfill its duties.
(C) Duties. The Personnel Board shall have the responsibility to:
(1) Evaluate the work performance of the City Administrator; report same and make appropriate
recommendations to the Council;
(2) Examine employment related activities and policy questions in order to make recommendations
to the Council;
(3) Assist with union contract negotiations; and,
(4) Make recommendations to the Council for the hiring, termination or suspension of any
Department Head or City Administrator. The Board may take interim action to suspend any
Department Head or City Administrator for violating the law as it relates to employment or
criminal behavior, dereliction of duty, or other employment infractions effective until the next
Council meeting when they may affirm, modify or rescind the suspension.
(D) Notice and Reporting. All members of the Council shall be notified when the Board convenes. When
advance notice is not practical, notice shall be given within one business day of convening. Notice shall
include stating the reason and purpose for convening. The Board shall report its meetings and findings to
the Council. Notice and reporting shall be consistent with the Minnesota Data Practices Act and other
applicable law.
Ord. 2d #86, adopted 06/14/2017.
22 tğŭĻ
CHAPTER32:GENERALAUTHORIZATION
Section
32.01 Background Investigations
§ 32.01 BACKGROUND INVESTIGATIONS
(A) The purpose of this section is to authorize the City of Centerville acting through a Police Department to
access through the Bureau of Criminal Apprehension, Minnesota Computerized Criminal history public
data and driverÓs license history background checks on employees, applicants for employment,
volunteers and applicants for any license issued by the City, including but not limited to licenses for
intoxicating liquor, wine, beer, refuse haulers, tobacco, peddler, solicitor and massage. The City may
conduct comprehensive background investigations, including but not limited to accessing data through
other automated and non-automated sources and contacting references. The City may periodically
conduct a driverÓs license inquiry upon employees, volunteers or licensees where possession of a valid
driverÓs license is an essential qualification of the position or license. Before the investigation is
undertaken, the person must authorize the Police Department in writing to undertake the investigation
and to release the information to the City Administrator, and other City staff as appropriate. If a
questioned identity situation occurs, fingerprint or other biometric verification shall be obtained.
(B) Should the City reject an applicantÓs request for employment due, partially or solely, to the applicantÓs
prior conviction of a crime, subject to the exception set forth in Minnesota Statutes Section 364.09, the
City Administrator shall notify the applicant in writing of the following:
(1) The grounds and reasons for the denial;
(2) The applicable complaint and grievance procedure set forth in Minnesota Statutes Section
364.06;
(3) The earliest date the applicant may reapply for employment; and
(4) All competent evidence of rehabilitation will be considered upon reapplication.
Ord. 2d #23, adopted 12/10/2008
23 tğŭĻ
CHAPTER33:SPECIALASSESSMENTS
Section
33.01 Deferment of Special Assessments for Senior Citizens
33.02 Deferment of Special Assessments for Active Duty Military, Reserve or National Guard Members
§ 33.01 DEFERMENT OF SPECIAL ASSESSMENTS FOR SENIOR CITIZENS.
(A) The Council may defer the payment of any special assessment on homestead property owned by a
person who is 65 years of age or older, or who is retired by virtue of permanent and total disability, and
the Clerk is hereby authorized to record the deferment of special assessments where the following
conditions are met:
(1) The applicant must apply for the deferment within ninety days of when the assessment is adopted
by the Council.
(2) The applicant must be 65 years of age, or older, or retired by virtue of permanent and total
disability.
(3) The applicant must be the owner of the property.
(4) The applicant must occupy the property as his/her principal place of residence.
(5) The applicantÓs household income from all sources shall not exceed the low income limit as
established by the Department of Housing and Urban Development as used in determining the
eligibility for Section VIII housing.
(B) The deferment shall be granted for as long a period of time as the hardship exists and the conditions as
aforementioned have been met. However, it shall be the duty of the applicant to notify the Clerk of any
change in his/her status that would affect eligibility for deferment. Interest shall accrue during the
deferment period at the same rate that was established by the resolution adopting the special assessment.
(C) The entire amount of deferred special assessments (including accumulated interest) shall be due within
sixty days after loss of eligibility by the applicant. If the special assessment is not paid within sixty days,
the Clerk shall add thereto interest at 8% per annum from the due date through December 31 of the
following year and the total amount of principal and interest shall be certified to the County Auditor for
collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the
Council, that full repayment of the deferred special assessment would cause the applicant particular
undue financial hardship, the Council may order that the applicant pay within sixty days a sum equal to
the number of installments of deferred special assessments outstanding and unpaid to date (including
principal and interest) with the balance thereafter paid according to the terms and conditions of the
original special assessment.
24 tğŭĻ
(D) The option to defer the payment of special assessments shall terminate and all amounts accumulated
plus applicable interest shall become due upon the occurrence of any one of the following:
(1) The death of the owner when there is no spouse who is eligible for deferment.
(2) The sale, transfer or subdivision of all or any part of the property.
(3) Loss of homestead status on the property.
(4) Determination by the Council for any reason that there would be no hardship to require
immediate or partial payment.
§ 33.02 DEFERMENT OF SPECIAL ASSESSMENTS FOR ACTIVE DUTY MILITARY RESERVE
OR NATIONAL GUARD MEMBERS.
(A) The Council may defer the payment of any special assessment on homestead property owned by a
person who is a member of the Minnesota National Guard or other military reserves who is ordered into
active military service, as defined in section 190.05, subdivision 5b or 5c, as stated in the personÓs
military orders, for whom it would be a hardship to make the payments.
(1) The applicant must apply for the deferment within ninety days of when the person is called to
active duty or during the period of active duty.
(2) The applicant must be the owner of the property.
(3) The applicant must occupy the property as his/her principal place of residence.
(B) If granted a deferment, no installment of special assessment shall be certified for collection from the
time of the application to a date one year after returning from active duty. Missed installments of special
assessments shall be certified for collection at the end of the payment schedule that was in effect prior to
the deferment.
Ord. 2d #21, adopted 5/14/2008
25 tğŭĻ
TITLE V: PUBLIC WORKS
Chapter
50. GARBAGE AND RUBBISH
51. MUNICIPAL AND PUBLIC UTILITIES
26 tğŭĻ
CHAPTER50:GARBAGEANDRUBBISH
Section
50.01 Definitions
50.02 Care of refuse (Containers; storage and location).
50.03 Municipal contracting
50.04 Refuse Accumulation; Nuisance - Violation
§ 50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
FARM. Shall consist of any tract of land five acres or greater in area used for agricultural purposes.
FLEXIBLE OR COMPACT DUMPSTER. A container which has a holding capacity not exceeding
five cubic yards and used for temporary storage of special pick-up refuse. A FLEXIBLE DUMPSTER
is commonly referred to or known as a dumpster bag, soft-side dumpster, or waste removal bag and used
in lieu of a metal front or rear-load or roll-off dumpster. A COMPACT DUMPSTER is a metal,
composite or other hard-side container for refuse disposal which does not exceed five cubic yards
capacity.
GARBAGE. Organic waste, including discarded material resulting from the handling, processing,
storage, preparation, serving and consumption of food.
REFUSE. Solid waste, including garbage and refuse, but excluding yard waste, recyclables and
hazardous waste.
RUBBISH. Solid waste, including ashes consisting of both combustible and noncombustible wastes,
such as wood, bedding, crockery and other non-reusable waste; the term also includes non-recyclable
types of glass, paper, cardboard and metal cans.
§ 50.02 CARE OF REFUSE (CONTAINERS; STORAGE AND LOCATION).
It shall be the duty of every tenant, lessee or occupant of every private dwelling house or commercial
enterprise, and the owner of every furnished flat or apartment house, or business building, except upon a farm,
to provide without expense to the city, and at all times to keep upon the lot upon which the building is located,
suitable and sufficient receptacles with suitable handles and having a tight-fitting cover for receiving and
holding without leakage or escape of odors all the refuse which would ordinarily accumulate on the premises in
one weekÓs time and shall properly remove and dispose of at least weekly. Except for collection day, the
receptacles shall be stored on private property and reasonably screened from view of the street.
27 tğŭĻ
Flexible dumpster(s) or compact dumpster(s) do not have a tight-fitting cover and are allowed for use by
the property owner who has contracted services through a licensed contractor for hauling such items and must
meeting the following requirements:
(A) Only refuse of solid physical form or matter shall be placed or disposed into the flexible
dumpster(s) or compact dumpster(s), such as construction or demolition debris, discarded
household goods or wares, cardboard or packaging waste, or the like; and
(B) Flexible dumpster(s) or compact dumpster(s) shall not exceed a five (5) cubic yard capacity; and
(C) Shall not be placed within the roadway surface of any street or block any portion of a sidewalk;
park or trail; and
(D) Shall not remain on a property for more than 14 days from the date it was placed outdoors at the
property and be collected by a waste hauler or otherwise removed within one week of the
container being filled; and
(E) All refuse shall be completely and securely placed within the container; no material shall be
sticking out or exceeding above the top of the container sides. No refuse placed in the container
shall exceed outside the container beyond the plane of the street curb line. It is the property
owner/occupant responsibility to ensure any refuse that falls or is blown out of the container is
promptly collected/picked up and properly stored as any refuse is required to be stored.
§ 50.03 MUNICIPAL CONTRACTING.
The City Council, at its discretion, may contract with a single waste hauler to pick up and dispose of
waste and recyclables from properties in the city. The contract for the collection of garbage in the city shall be
for terms and upon such conditions as the City Council may from time to time determine. For those classes of
property covered by municipal contract, it shall be unlawful for any other person or persons, except the
contracted hauler, to move or carry away any refuse or recyclables, except from his or her own premises, with
special permission of the City Council. It shall be lawful in case any person shall default in the payment of the
garbage collection fees due the contracted municipal hauler, for the City Council to collect delinquent hauler
fees from the person or the owner of the real property from which the waste was collected by civil action or by
assessing the same against the real estate.
§ 50.04 REFUSE ACCUMULATION; NUISANCE - VIOLATION
A violation of this chapter is a public nuisance. When the city finds that a person has violated a
prohibition or failed to meet a requirement of this section, the person is deemed to have created a public
nuisance subject to abatement and assessment, as provided in Chapter 91. In addition to any order issued
pursuant to Chapter 91.07 through 91.08
Ord. #1, adopted 2/27/1959; Ord.2d, 116, adopted 10/13/2021.
28 tğŭĻ
CHAPTER51:MUNICIPALANDPUBLICUTILITIES
Section
51.00 Purpose
51.01 Definitions
51.02 Fixing rates and charges for municipal utilities
51.03 Fixing rates and charges for public utilities
51.04 Contractual contents
51.05 Rules and regulations relating to municipal utilities
51.06 Connection or tapping prohibited; delinquent assessments or charges
51.07 Connection charges
51.09 Rules and regulations relating to water service
51.10 Rules and regulations relating to sewerage service
51.11 Rules and regulations relating to stormwater drainage utility
51.20 Findings and purpose
51.21 (Deleted)
51.22 Administration
51.23 Illegal disposal and dumping
51.24 Illicit discharges
51.25 Illicit connections
51.26 through 51.28 reserved for future use
51.29 General provisions
51.30 Industrial activity discharges
51.31 Notification of spills
51.32 Access
51.33 Suspension of storm sewer system access
51.34 Violation
51.200 Mandatory connection to public systems
51.201 Transfer of properties
51.205 Deadline for compliance
51.210 Notice of violation
51.211 Cease and desist orders
51.212 Civil remedies
51.213 Interpretation
51.214 Failure to comply Î responsible party
51.999 Penalty
29 tğŭĻ
§ 51.00 PURPOSE.
The purpose of this chapter is to establish minimum requirements for regulation and connection to the
public water and public sewer systems in order to protect public health and safety, groundwater quality and
prevent or eliminate the development of public nuisances. This chapter is intended to serve the best interests of
the CityÓs citizens by protecting its health, safety, general welfare, and natural resources.
Ord. 2d 91, amended 09/26/2018.
§ 51.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also referred to as the Clean Water Act, as amended, 33
U.S.C. §§ l25l et seq.
BEST MANAGEMENT PRACTICE OR BMP. Erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling, preventing, and
minimizing degradation of surface water, including construction-phasing, minimizing the length of time
soil areas are exposed, prohibitions, and other management practices published by state or designated
area-wide planning agencies.
COMPANY, GRANTEE and FRANCHISEE. Any public utility system to which a franchise has been
granted by the city.
CONSUMER and CUSTOMER. Any user of a utility.
DISCHARGE. Adding, introducing, releasing, leaking, spilling, casting, throwing, or emitting any
pollutant, or placing any pollutant in a location where it is likely to pollute public waters.
EPA. Environmental Protection Agency.
EROSION. The process by which ground surface is worn away by action of wind, water, ice, or gravity.
FALLS INTO DISREPAIR. Private water or private sewer Ðfalls into disrepairÑ when it fails, creates a
nuisance or health hazard, or the cost repair to same exceeds $1500.00.
GENERAL MUNICIPAL USER. Any user discharging sewage to the general municipal flow other
than industrial users, municipalities and other contract users. This category of user includes as sub-
categories: Domestic Users; Commercial Users; Institutional Users; and Governmental Users, which are
not contract users.
GROUNDWATER. Water contained below the surface of the earth in the saturated zone including,
without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface
unconsolidated sediment or in rock formations deeper underground.
30 tğŭĻ
ILLICIT CONNECTION. Either of the following:
(A) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drain system (including any nonstormwater discharge) including
sewage, process wastewater, and wash water and any connections to the storm drain system from
indoor drains and sinks, regardless of whether the drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency; or
(B) Any drain or conveyance connected from a residential, commercial or industrial land use to the
storm drain system which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
ILLICIT DISCHARGE. Any direct or indirect nonstormwater discharge to the storm sewer system,
except as exempted herein in section 51.24(B).
INDUSTRIAL USER. Any entity which discharges to the cityÓs wastewater treatment system, solid,
liquid or gaseous wastes resulting from the process employed in industrial or manufacturing processes,
or from the development of any natural resource.
METER. A device that records gallons of water used and including remote reading devices associated
thereto.
MPCA. Minnesota Pollution Control Agency.
MUNICIPAL SEPARATE STORM SEWER SYSTEM OR MS4. The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches,
manmade channels, or storm drains) owned and operated by the city and designed or used for collecting
or conveying stormwater, and which is not used for collecting or conveying sewage.
MUNICIPAL UTILITY. Any city-owned utility system, including, but not by way of limitation, water,
sewerage, stormwater drainage and refuse service.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewers, which overflow into a
watercourse, pond, ditch, lake or other body of surface water or ground water.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT.
The National Pollutant Discharge Elimination System, which is the program for issuing, modifying,
revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Section
301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Section 1317, 1328,
1342, and 1345 authorizing the discharge of pollutants to water of the United States.
NON-CONTACT COOLING WATER. The water discharged from any use such as air conditioning,
cooling or refrigeration, or during which the only pollutant added, is heat.
PLUMBER. A plumber licensed by the State of Minnesota.
POLLUTANT. Any substance which, when discharged has potential to or does any of the following:
31 tğŭĻ
(A) Interferes with state designated water uses;
(B) Obstructs or causes damage to public waters;
(C) Changes water color, odor, or usability as a drinking water source through causes not attributable
to natural stream processes affecting surface water or subsurface processes affecting
groundwater;
(D) Adds an unnatural surface film on the water;
(E) Adversely changes other chemical, biological, thermal, or physical condition, in any surface
water or stream channel;
(F) Degrades the quality of ground water; or
(G) Harms human life, aquatic life, or terrestrial plant and wildlife.
POLLUTANT includes but is not limited to dredged soil, solid waste, incinerator residue, garbage,
wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust,
industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid,
petroleum-based substance, and oxygen-demanding material.
POLLUTE. To discharge pollutants into public waters.
POLLUTION. The direct or indirect distribution of pollutants into public waters.
PRETREATMENT. The process of reducing the amount of pollutants, eliminating pollutants, or
altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing the pollutants into the cityÓs wastewater disposal system. The
reduction, elimination or alteration may be obtained by physical, chemical or biological processes,
process changes or other means, except by dilution.
PRIVATE WATER. (aka Private water system) Where the water supply to a structure is from a source
other than the public water system.
PRIVATE SEWER. (aka Private sewer system) Where sanitary wastewater discharged from a structure
goes into a system other than the public sewer system.
PUBLIC WATER. (aka Public water system) A municipal system for the distribution of water intended
for human consumption.
PUBLIC WATERS. Waters of the state, as defined in Minn. Stat. Sec. 103G.005(15).
State designated water uses. Uses specified in state water quality standards.
PUBLIC WORKS DIRECTOR. The Public Works Director or a deputy, agent or representative
thereof.
32 tğŭĻ
PUBLIC SEWER. (aka Public sewer system) A sewer intended to carry only wastewater from general
municipal users and industrial plants together with minor quantities of ground, storm and surface waters
that are not admitted intentionally.
SANITARY SEWER. A sewer intended to carry only wastewater from general municipal users and
industrial plants together with minor quantities of ground, storm and surface waters which are not
admitted intentionally.
SERVICE. Providing a particular utility to a customer or consumer.
SEWER SERVICE CHARGE. The aggregate of all the charges including the user charge, debt service
charges and other sewer related charges that are billed periodically to users of the city facilities.
STATE DISPOSAL SYSTEM (SDS) PERMIT. Any permit (including any terms, conditions and
requirements thereof) issued by the MPCA pursuant to M.S. § 115.07 for a disposal system as defined
by M.S. § 115.0l, Subdivision 8.
STORM SEWER OR STORM DRAIN. A drain or sewer intended to carry stormwater, surface runoff,
ground water, drainage and unpolluted water from any source.
STORM SEWER SYSTEM. A conveyance or system of conveyances that is owned and operated by the
city or other entity and designed or used for collecting or conveying stormwater.
STORMWATER. Defined under Minnesota Rule 7077.0105, subpart 41(b), and means precipitation
runoff, stormwater runoff, snow melt runoff and any other surface runoff and drainage.
SURFACE WATERS. All public waters other than ground waters, which include ponds, lakes, rivers,
streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems except
those designed and used to collect, convey, or dispose of sanitary sewage.
SUSPENDED SOLIDS (SS) OR TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter
that either floats on the surface of or is in suspension in water, wastewater or other liquids, and is
removable by laboratory filtering as prescribed in ÐStandard Methods for the Examination of Water and
Wastewater,Ñ latest edition, and referred to as non-filterable residue.
USER. Any person who discharges or causes or permits the discharge of wastewater into the cityÓs
wastewater disposal system.
USER CHARGE. A charge levied on users of city facilities for the cost of operation, maintenance and
replacement of the facilities.
UTILITY. All utility services, whether the same be public city-owned facilities or furnished by public
utility companies.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and institutions, together with any ground water, surface
33 tğŭĻ
water and stormwater that may be present, whether treated or untreated, which is discharged into or
permitted to enter the cityÓs wastewater disposal system.
Ord. 2d 91, amended 09/26/2018.
§ 51.02 FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES.
All rates and charges for municipal utilities, including, but not by way of limitation, rates for service,
permit fees, connection and meter testing and reading fees and deposits, disconnection fees, reconnection fees
including penalties for non-payment if any, shall be fixed, determined and amended by the Council and adopted
by resolution. The resolution, containing the effective date thereof, shall be kept on file and open to inspection
in the office of the Administrator and shall be uniformly enforced.
§ 51.03 FIXING RATES AND CHARGES FOR PUBLIC UTILITIES.
(A) All rates and charges for public utility franchisees, not regulated by an agency of the state, shall be fixed
and determined by the Council and adopted by ordinance. Upon adoption, the rates and charges shall
become provisions of this chapter.
(B) Public utility company rates and charges may be fixed and determined by the respective franchisees in
compliance with this section, as follows.
(1) No rate or charge involving an increase thereof shall become effective until approved by the
Council. To request the increase, the franchisee shall prepare its written petition setting forth the
then current and proposed rates and charges, the effective date of the proposed increases (which
may not be within 90 days of filing the petition) and the reason or reasons necessitating the
proposed increase or increases. The petition shall be filed with the Council by serving the same
on the Administrator in person or by certified mail, return receipt requested.
(2) Within 30 days of the filing, the Council shall adopt a resolution and serve the same upon the
resident superintendent of the franchisee in like manner as the petition may be served either
approving the proposed increases or ordering a hearing thereon to be held within 60 days thereof.
If no such action is taken by the Council, the increase or increases shall take effect on the date
stated in the franchiseeÓs petition as though approved by the Council.
(3) Prior to the hearing date, the franchisee shall, without delay, comply with the cityÓs reasonable
requests for examination and copying of all books, records, documents and other information,
relating to the subject matter of the petition. Should the franchisee unreasonably delay, fail or
refuse the requests, the same shall be grounds for a continuance of the hearing date.
(4) (a) Notice of hearing shall be in the form and manner stated in the resolution.
(b) At the hearing, all persons wishing to be heard thereon shall be afforded a
reasonable opportunity.
34 tğŭĻ
(c) Findings and a decision shall be made by the Council within 15 days after the
hearing and served upon the franchisee.
§ 51.04 CONTRACTUAL CONTENTS.
Provisions of this chapter relating to municipal utilities shall constitute portions of the contract between
the city and all consumers of municipal utility services, and every such consumer shall be deemed to assent to
the same. All contracts between franchisees and consumers of utility services other than municipal shall be in
strict accord with the provisions of this chapter.
§ 51.05 RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES.
(A) Billing, payment and delinquency. All municipal utilities shall be billed on a frequency as prescribed by
Council resolution and a utility statement or statements sent to each consumer. All utilities charges shall
be delinquent if they are unpaid within 30 days of the date of billing. Interest, penalties and an
administrative charge on delinquent accounts shall be established by Council resolution as specified in
the annual fee schedule. The city shall endeavor to collect delinquent accounts promptly. Delinquent
accounts may be submitted at any time for collection of the delinquent amounts against the respective
properties served. The roll shall be delivered periodically to the Council for certification to the County
Auditor for collection along with taxes. The action shall be discretionary and may be in lieu of or in
addition to any other action to collect delinquent accounts.
(B) Application, connection and sale of service. Application for municipal utility services shall be made
upon forms supplied by the city, and strictly in accordance therewith. No connection shall be made until
consent has been received from the city to make the same. All municipal utilities shall be sold and
delivered to consumers under the then applicable rate applied to the amount of the utilities taken as
metered or ascertained in connection with the rates.
(C) Discontinuance of service. All municipal utilities may be shut off or discontinued whenever it is found
that:
(1) The owner or occupant of the premises served, or any person working on any connection with
the municipal utility systems, has violated any requirement of the city code relative thereto, or
any connection therewith;
(2) Any charge for a municipal utility service, or any other financial obligation imposed on the
present owner or occupant of the premises served, is unpaid after due notice thereof; or
(3) There is fraud or misrepresentation by the owner or occupant in connection with any application
for service or delivery or charges therefore.
(D) Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, extensions and
appurtenances thereto shall be and remain in the city and no person shall own any part or portion
35 tğŭĻ
thereof. Provided, however, that private facilities and appurtenances constructed on private property are
not intended to be included in municipal ownership.
(E) Right of entry. The city has the right to enter in and upon private property, including buildings and
dwelling houses, in or upon which is installed a municipal utility, or connection therewith, at all times
reasonable under the circumstances, for the purpose of reading utility meters, for the purpose of
inspection and repair of meters or a utility system, or any part thereof, and for the purpose of connecting
and disconnecting service.
(F) Multiple connections. Except for multiple unit buildings, every structure served by municipal services
shall have an individual service between the building and the municipal main line.
(G) Licensed installer and standards. Every connection made to the municipal water or sewer system and
service lines to the building shall be made by or under the direct supervision of a plumber or a service
line installer licensed by the city or the State of Minnesota. Service lines shall conform to the
requirements of the Minnesota Plumbing Code.
(H) Meter test.
(1) Whenever a consumer shall request the city to test any utility meter in use by him or her, the
request shall be accompanied by a cash deposit, as established by Council resolution, for each
meter to be tested.
(2) If any such meter is found to be inaccurate by an amount exceeding five percent, the same shall
be replaced with an accurate meter and the deposit thereon refunded. The billing of the account
will be adjusted to compensate for the inaccuracy and will be adjusted backwards no more than
one billing period. If the meter shall be found to be accurate in its recordings or calculations, it
shall be reinstalled and the deposit shall be retained by the city to defray the cost of the test.
Ord. #45, adopted 02/25/1987
(I) Unlawful acts.
(1) It is unlawful for any person to willfully or carelessly break, injure, mar, deface, disturb or in any
way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture or
appurtenance of any municipal utility or municipal utility system, or commit any act tending to
obstruct or impair the use of any municipal utility.
(2) It is unlawful for any person to make any connection with, opening into, use or alter in any way
any municipal utility system without first having applied for and received written permission to
do so from the city.
(3) It is unlawful for any person to turn on or connect a utility when the same has been turned off or
disconnected by the city for non-payment of a bill, or for any other reason, without first having
obtained a permit to do so from the city.
36 tğŭĻ
(4) It is unlawful for any person to ÐjumperÑ or by any means or device fully or partially circumvent
a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services
of any utility system, the use of which the proper billing authorities have no knowledge.
(5) No person shall make any connection of an electrical welder to the city water main, appurtenance
or service or use an electric welder for the purpose of thawing frozen water mains, appurtenances
or services.
(J) Municipal utility services and charges a lien.
(1) Payment for all municipal utility service and charges shall be the primary responsibility of the
fee owner of the premises served and shall be billed to the owner unless otherwise contracted for
and authorized in writing by the fee owner and any other person (such as a tenant, contract
purchaser, manager and the like), as agent for the fee owner, and consented to by the City of
Centerville, Minnesota. If the utility service and charges are for a single metered multi-unit
rental residential building, the owner of the building shall be the customer of record and this
responsibility shall not be waived by contract or otherwise. The city may collect the same in a
civil action or, in the alternative and at the option of the city, as otherwise provided in this
chapter.
(2) Each such account is hereby made a lien upon the premises served. Delinquent accounts may be
submitted at any time for collection of the delinquent amounts against the respective properties
served as set forth in division (J)(1) above.
(K) Damage to municipal utility equipment. It is unlawful for any person to intentionally cause any damage
to any municipal utility equipment or appurtenance, including, but not limited to, meters, street lights,
water hydrants and curb cocks. Anyone intentionally causing the damage shall pay the reasonable value
thereof to the city, including labor for renewal and installation of any equipment and shall be, in effect,
an insurer of any equipment in his or her possession or with which he or she comes in contact.
(L) Municipal utility service outside the city. Service to any other municipality may be considered by the
City Council. Where it is determined that it is feasible and in the interest of the city, service will be
provided only after a legal contract has been agreed to and executed by the adjoining municipality.
(M) Water meters.
(1) Charges. A charge shall be made to property owners or account holders of residential,
commercial, industrial or institutional structures for all new meters. Payment for meters shall be
made in advance before delivery for installation. The charge will be the actual cost to the city of
supplying the meter plus any applicable taxes and reasonable administrative expenses.
(2) Maintenance and repair. The city shall maintain and repair all meters of three-fourths inch size
and smaller, when rendered unserviceable through ordinary wear and tear. However, when
replacement, repair or adjustment of any meter is rendered necessary by the act, neglect or
carelessness of the owner or occupant of any premises, any expense caused the city thereby shall
be charged against and collected from the owner or occupant of the premises. Water service may
be discontinued until the cause is corrected and the charge collected. Maintenance, repair and
37 tğŭĻ
replacement of meters larger than three-fourths inch shall be provided by the city but the costs
thereof billed to the property owner.
(3) City property. All water meters are and shall remain the property of the city, and may be
replaced or changed by the city whenever deemed necessary.
(4) Meter installation. Meters shall be installed in conformance with city policies and guidelines.
Ord. 2d #26, amended 12/30/2008
§ 51.06 CONNECTION OR TAPPING PROHIBITED; DELINQUENT ASSESSMENTS OR
CHARGES.
(A) No permit shall be granted to tap or connect with sewer or water mains when any assessment or
connection charge for the sewer or water main against the property to be connected is in default or
delinquent.
(B) If the assessment or connection charges are payable in installments, no permit shall be granted unless all
installments then due and payable have been paid.
§ 51.07 CONNECTION CHARGES.
(A) No permit shall be issued to tap or connect with any municipal utility either directly or indirectly from
any lot or tract of land unless the City Administrator shall have certified:
(1) That the lot or tract of land, or portion of the lot or tract, to be served by the connection has been
assessed for the cost of construction of the municipal utility facility with which the connection is
made; or
(2) If no assessment has been levied for the construction cost, that proceedings for levying the
assessment have been or will be commenced in due course.
(B) Unless covered by division (A) above, the applicant shall pay a connection fee equal to the proportionate
cost of construction of the municipal utility facility and necessary street repairs. The cost is to be
determined by the city using the same formulas as were used or assessments previously levied against
other property for the municipal utility facility and shall include equivalency charges as required to
arrive at the present day worth of the municipal utility service. This equivalency charge shall be equal
to simple interest calculated from the project assessment date to the service connection date at the rate of
interest at which the bonds sold to finance the project were issued minus a depreciation factor of three
percent per year. If no such assessment has been levied, the cost shall be determined by the Council,
and in determining the cost the Council shall take into consideration the front footage, shape and area of
the lot or tract of land with which the connection is made. Upon written request of the owner of the lot
or tract of land, showing good cause, the Council may provide that the connection charge be specially
assessed as a lien against the lot or tract of land payable in semi-annual installments for a term of years
38 tğŭĻ
at an interest rate as the City Council shall determine. Unless deferred payment is so authorized, all
connection charges shall be payable in full prior to the issuance of a building permit for new
construction on the lot or tract of land.
(C) No permit shall be issued for any connection, repair, enlargement or alteration to the sewer system until
a determination has been made by the city of the service availability charge (SAC), to be imposed by the
Metropolitan Waste Control Commission, and the applicant has paid to the city the full amount of any
service availability charge that may be applicable.
Ord. #30, adopted 05/11/1977
§ 51.08 (DELETED Ord. 2d 91, as amended 09/26/2018.)
§ 51.09 RULES AND REGULATIONS RELATING TO WATER SERVICE.
(A) Deficiency of water and shutting off water. The city is not liable for any deficiency or failure in the
supply of water to customers whether occasioned by shutting the water off for the purpose of making
repairs or connections or by any other cause whatsoever. In case of fire, or alarm of fire, water may be
shut off to insure a supply for firefighting. In making repairs or construction of new works, water may
be shut off at any time and kept off so long as may be necessary.
(B) Repair of leaks. It is the responsibility of the consumer or owner to maintain the service pipe from and
including the curb shut-off into the house or other building. In case of failure upon the part of any
consumer or owner to repair any leak occurring in his or her service pipe within 24 hours after oral or
written notice has been given the owner or occupant of the premises, the water may be shut off and will
not be turned on until a reconnection charge has been paid and the water service has been repaired.
When the waste of water is great or when damage is likely to result from the leak, the water will be
turned off if the repair is not proceeded with immediately.
(1) The city shall be responsible to repair the curb shut-off where the service equals one-inch or less,
except where the curb shut-off is not located in the public right-of-way, or where damage to the
curb shut-off results from the direct action of the property owner or his agent. If the curb shut-off
is located in the driveway and it becomes necessary to excavate for repairs, the city shall repair
the portion of the driveway that is excavated. The city shall not be responsible for cosmetic
imperfections, scratches, or the failure of the patch to match surrounding pavements. Staff is
authorized to replace the damaged panel(s) to the nearest joint.
(2) Curb shut-off valves installed after September 1, 2011, shall not be located in a driveway except
where the property owner executes an agreement accepting responsibility for all the costs of
repair and replacement of the curb shut-off valve and all parts of the service line that are located
under the driveway.
(C) Abandoned services penalties. All service installations connected to the water system that have been
abandoned or, for any reason, have become useless for further service shall be disconnected at the main.
The owner of the premises, served by this service, shall pay the cost of the excavation. The city shall
perform the actual disconnection and all pipe and appurtenances removed from the street right-of-way
39 tğŭĻ
shall become the property of the city. When it is desired to increase the capacity of existing water
service, a new permit shall be taken out and the regular tapping charge shall be made as if the
improvements were a new service. It is unlawful for any person to cause or allow any service pipe to be
hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly
removing the pipe from the main. Also, the improper disposition thereof shall be corrected by the city
and the cost incurred shall be borne by the person causing or allowing the work to be performed.
(D) Service pipes. Every service pipe must be laid a minimum of seven feet deep and in such manner as to
prevent rupture by settlement. The service pipe shall be placed below the surface and in all cases so
arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the main and the
building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the
inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are
intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of
the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be
flared and kept to a minimum. Not more than one joint shall be used for a service up to 70 feet in
length. All joints shall be left uncovered until inspected. Minimum size connection with the water
mains shall be one inch in diameter. Service line installations shall conform to the Minnesota Plumbing
Code.
(E) Private water supplies. No water pipe of the city water system shall be connected with any pump, well,
pipe, tank or any device that is connected with any other source of water supply and when such are
found, the city shall notify the owner or occupant to disconnect the same and, if not immediately done,
the city water shall be turned off. Before any new connections to the city system are permitted, the city
shall ascertain that no cross-connections will exist when the new connection is made. When a building
is connected to city water, the private water supply may be used only for such purposes as the city may
allow. If the well or well boring is not to be used, is not in use for a period of six-months or the well has
failed, it shall be sealed in accordance with the Minnesota Department of Health regulations.
(1) New or replacement wells shall be tested for water quality and inspected to insure that no
contamination or cross-contamination may be introduced into the city water system or public
water supply. The quality of water discharged from a private well must meet the standards set by
the Minnesota Department of Health. Water discharged from any private well which does not
meet these standards must be sealed.
(2) All private wells within the wellhead protection zone of a public well, as established by the
wellhead protection plan adopted by the city, must be certified annually as meeting standards
adopted by the Minnesota Department of Health for potable water and for proper maintenance
and operation of a well. It is the responsibility of the fee owner of the parcel where a private well
is located to file the well certification with the City no later than August 1st each year. Failure to
file a well certification by the deadline will be deemed as an indication that the well has been
abandoned and it shall be sealed in accordance with the Minnesota Department of Health
regulations.
(3) The city may seal any well which has not been in use for a period of six-months, has failed, or is
in a condition which could contaminate the public water supply. The city shall first notify the fee
owner of the parcel where the well is located that within thirty-days the well must be sealed and
certification of the sealing must be filed with the city. If the well has not been certified as sealed
40 tğŭĻ
within thirty-days, or in the event of a public emergency, the city may enter the property, seal the
well, and assess the parcel for the cost of sealing the well and any associated expenses incurred
by the city.
(a) Wells may only be sealed or tested by a licensed contractor or by the Minnesota
Department of Health.
(b) It is deemed a public emergency in the event that a private well is suspected of
contaminating the public water supply. During such an emergency the city may seal a
well without notice to the owner of the parcel.
(c) The city may apply to a Court of competent jurisdiction for a warrant to enter private
property to inspect, test, or seal a well or well boring.
(F) Water Supply Restrictions
(1) Restricted hours for sprinkling. Lawn and garden watering is prohibited between the hours of
10:00 a.m. and 6:00 p.m. every year from May 1 through September 1 for all addresses on all
days. This section shall apply only to those residents and water source is connected to the city
water system. Use of private wells is exempt from this section.
(a) New lawn sod and/or lawn seed is exempt for two weeks after installation; residents may
water both odd and even days with no watering from 10:00 a.m. to 6:00 p.m.
(b) Residents whose address ends in an even number may water their lawns and gardens
before 10:00 a.m. and after 6:00 p.m. only on even-numbered days, and residents whose
address ends in an odd number may water their lawns and gardens before 10:00 a.m. and
after 6:00 p.m. only on odd-numbered days.
(2) Water Supply Emergencies. In the event of emergencies affecting the CityÓs ability to supply
water as identified in the City ÐWater Emergency and Conservation Plan,Ñ the City
Administrator is authorized to implement water use restrictions and demand reduction measures
as identified in such Plan.
(G) Private fire hose connections. Owners of structures with self-contained fire protection systems may
apply for and obtain permission to connect the street mains with hydrants, large pipes, and hose
couplings, for use in case of fire only, at their own installation expense and at such rates as the Council
may adopt by resolution as herein provided.
(H) Opening hydrants. It is unlawful for any person, other than members of the Fire Department or other
person duly authorized by the city, in pursuance of lawful purpose, to open any fire hydrant or attempt to
draw water from the same or in any manner interfere therewith. It is also unlawful for any person so
authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for
the purposes strictly pertaining to their lawful use.
(I)Temporary connection to fire hydrants. A temporary connection to a fire hydrant may be made subject
to a permit issued by the city. The permit shall indicate the hydrant to be used and none other. The
41 tğŭĻ
applicant shall pay a deposit to guarantee payment for the water used and for damage to the meter and
hydrant, which shall be refunded upon expiration of the permit, less charges for water used and the cost
of repair of damages, if any. The user shall relinquish the hydrant in case of emergency upon demand of
the city. The user shall pay a rental charge as set by City Council resolution for each day including
Sundays and legal holidays, and a fee as set by City Council resolution for each 1,000 gallons of water
used.
(J) Unmetered service. Unmetered service may be provided for construction, flooding skating rinks and
any other purpose. The service shall be at a duly adopted rate. Where it is difficult or impossible to
accurately measure the amount of water taken, unmetered service may be provided and the unmetered
rate applied; provided, however, that by acceptance thereof the consumer agrees to have the city
estimate the water used. In so estimating, the city shall consider the use to which the water is put and
the length of time of unmetered service.
(K) Code requirement. All piping, connections and appurtenances shall be installed and performed strictly
in accordance with the Minnesota Plumbing Code. Failure to install or maintain the same in accordance
therewith, or failure to have or permit required inspections shall, upon discovery by the city, be an
additional ground for termination of water service to any consumer.
(L) Connection fees. Service shall be furnished only after proper application has been made and connection
fees paid in full.
Ord. 2d #26, amended 12/10/2008, Ord. 2d, #51, amended 10/26/2011
§ 51.10 RULES AND REGULATIONS RELATING TO SEWERAGE SERVICE.
(A) Purpose and regulations.
(1) The purpose of this section is to regulate the use of municipal sewers, protect the ground water,
streams and other waters from the introduction of inadequately treated waste, and to prevent or
control the introduction of pollutants into the wastewater disposal system which will interfere
with the operation of the system, the use or disposal of the sludge, or will pass through the
system inadequately treated into receiving waters or the atmosphere or otherwise be
incompatible with the system.
(2) This section shall apply to all users.
(B) (DELETED Ord. 2d 91, as amended 09/26/2018.)
(C) Wastewater discharge and use of sewer s.
(1) Wastewater discharge to natural outlet. It is unlawful to discharge to any natural outlet any
wastewater or other polluted waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this section.
(2) Discharge of unpolluted water to public sewers.
42 tğŭĻ
(a) It is unlawful for any person to discharge or cause to be discharged any unpolluted water
such as stormwater, ground water, roof runoff, surface drainage or non-contact cooling
water to any sanitary sewer.
(b) Stormwater and all other unpolluted drainage shall be discharged to the sewers as are
specifically designed as storm sewers or to a natural outlet approved by the city and other
regulatory agencies.
(c) It is unlawful to connect the sources of unpolluted drainage to any sanitary sewer.
Industrial cooling water or unpolluted process waters may be discharged to a storm sewer
or natural outlet on approval of the city and upon approval and the issuance of a
discharge permit by the MPCA.
(3) Prohibited discharge. It is unlawful for any person to discharge or cause to be discharged any of
the following described waters or wastes to any public sewers:
(a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances to cause fire or explosion or
be injurious in any other way to the wastewater disposal system or to the operation of the
system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, hydrides,
sulfides, chlorates, perchlorates, bromates, carbides and radioactive wastes;
(b) Solid or viscous substances which will cause obstruction to the flow in a sewer or other
interference with the operation of the wastewater treatment facilities such as, but not
limited to, oils, wax or fats in excess of 100 mg/l, garbage with particles greater than one-
half inch in any dimension, animal guts or tissues, paunch manure, bones, hair or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble
dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste
paper, wood, plastic, asphalt residues, residues from refining or processing of fuel or
lubricating oil, mud or glass grinding or polishing wastes;
(c) Any wastewater having a pH of less than 5.0 or greater than 9.5 or having any other
corrosive property capable of causing damage or hazard to structure, equipment and
personnel of the wastewater disposal system;
(d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by
interaction with other pollutants, to inhibit or disrupt any wastewater treatment process,
constitute a hazard to humans or animals, or create a toxic effect in the receiving waters
of the wastewater disposal system. A toxic pollutant shall include but not be limited to
any pollutant identified pursuant to § 307(a) of the Act;
(e) Any wastewater having a temperature grea
individually or in combination with other wastewater, the influent at the wastewater
treatment plant to have a temperature ex
amounts which will inhibit biological activity in the wastewater treatment works resulting
in interference therein;
43 tğŭĻ
(f)Any noxious or malodorous liquids, gases or solids which either singly or by interaction
with other wastes are capable of creating a public nuisance or hazard to life, or are
sufficient to prevent entry into the sewers for their maintenance and repair; and/or
(g) Any wastewater with objectionable color not removed in the treatment process, such as,
but not limited to, dye wastes and vegetable tanning solutions.
(4) Metro sewer standards. All discharges must be in accordance with the Metro Sewer Board
Booklet ÐSewage and Waste Control Rules and Regulations for Metro Disposal System.Ñ
(5) Dilution. It is unlawful for any user to increase the use of process water or, in any manner,
attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in this division (C), or contained in the National
Categorical Pretreatment Standards or any state requirements.
(6) Special provisions relating to unusual wastes. If any waters or wastes are discharged or are
proposed to be discharged to the public sewers which contain substances or possess the
characteristics enumerated in this division (C), and/or which in the judgment of the city, may
have a deleterious effect upon the wastewater facilities, or which otherwise create a hazard to life
or constitute a public nuisance, the city may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers,
pursuant to § 307(b) of the Act and all addendums thereof;
(c) Require control over the quantities and rates of discharge;
(d) Require protection from slug or accidental discharges; and/or
(e) Require payment to cover the added costs of handling, treating and disposing of wastes
not covered by existing taxes or sewer service charges.
(7) Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in
the opinion of the city, they are necessary for the proper handling of liquid wastes containing
floatable grease in excessive amounts, any flammable wastes, sand or other harmful ingredients;
except that the interceptors shall not be required for private living quarters or dwelling units. All
interceptors shall be of the type to be readily and easily accessible for cleaning and inspection.
(8) Slug or accidental discharge. Sewer users shall notify the city immediately upon having a slug
or accidental discharge or substances or wastewater in violation of this chapter in order to enable
countermeasures to be taken by the city to minimize damage to the wastewater disposal system.
The notification will not relieve users of liability for any expense, loss or damage to the
wastewater disposal system, or for any fines imposed on the city on account thereof under any
state or federal law. The city may suspend the wastewater treatment service and/or a wastewater
discharge permit when the suspension is necessary, in the opinion of the city, in order to stop an
44 tğŭĻ
actual or threatened discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment, or to the wastewater
disposal system. Any user notified of a suspension of the wastewater treatment service and/or
the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of
the user to comply voluntarily with the suspension order, the city shall take the steps as deemed
necessary, including immediate severance of the sewer connection, to prevent or minimize
damage to the wastewater disposal system or endangerment to any individuals. The city shall
reinstate the wastewater discharge permit and/or the wastewater service upon proof of the
elimination of the noncomplying discharge. A detailed written statement submitted by the user
describing the causes of the slug or accidental discharge and the measures taken to prevent any
future occurrence shall be submitted to the city within 15 days of the date of occurrence.
(D) Permits and special user requirements.
(1) Sewer connection permit required. It is unlawful for any person to uncover, make any
connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof
without first obtaining a written permit from the city. Any new connection(s) to the sanitary
sewer system shall be prohibited unless sufficient capacity is available in all downstream
facilities including, but not limited to, capacity for flow, BOD5, and suspended solids, as
determined by the city. Connections to the sanitary sewer shall be gas-tight and water-tight to
prevent the inclusion of infiltration/inflow.
(2) Maintenance and ownership of private sewer service pipes and facilities. It is the responsibility
of the user or owner to maintain the sewer service pipe from the property line into the house,
building or other point of initial collection. All sewer pipes, monitoring facilities, pretreatment
facilities and other private sewer system works shall be installed and maintained in good
operating condition at the userÓs sole expense.
(3) Industrial discharge permits. All significant industrial users, or other industrial users which may
have a significant effect as determined by the city, proposing to connect or to commence a new
discharge to the wastewater disposal system shall obtain a wastewater discharge permit before
connecting to or discharging into the wastewater system. All existing significant industrial users
or industrial users subject to federal pretreatment standards under § 307 (b) and (c) of the Act
connected to or discharging into the wastewater disposal system shall obtain a wastewater
discharge permit within 90 days after the effective date of this section. The permits may limit
the discharges by volume or wastewater constituents and may require pretreatment before
discharge into the city system. Industrial users requesting connection to the disposal system
shall complete and file with the city an application in the form prescribed by the city.
(4) Industrial user reports. The city may require that any industrial user discharging or proposing to
discharge wastewater into the wastewater disposal system file a periodic discharge report. The
discharge report may include, but not be limited to, nature of process, rates of flow, mass
discharge rate, production quantities, hours of operation, compliance status with any state or
federal pretreatment standards or other information which relates to the generation of waste,
including wastewater constituents and characteristics in the wastewater discharge.
45 tğŭĻ
(5) Monitoring requirements and facilities. Monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems shall be provided and
operated by all significant industrial users or other industrial users which may have a significant
effect as determined by the city. The monitoring facilities shall be situated on the userÓs
premises. There shall be ample room in or near the sampling manhole or facility to allow
accurate sampling and compositing of samples for analysis. The facility, sampling and
measuring equipment shall be maintained at all times in a safe and proper operating condition at
the expense of the user.
(6) Inspection of userÓs facilities.
(a) The city may inspect the facilities of any user to ascertain whether the purpose of this
section is being met and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow the city ready access at
all reasonable times to all parts of the premises for the purposes of inspection,
observation, measurement, sampling, testing, record examination or in the performance
of any of their duties, with the restriction that the city does not interfere with the userÓs
operation. The city, Metro Sewer Board, MPCA and EPA shall have the right to set up
on the userÓs property such devices as are necessary to conduct sampling, inspection,
compliance monitoring and/or metering operations. Where a user has security measures
in force which would require proper identification and clearance before entry into their
premises, the user shall make necessary arrangements with any security guards so that
upon presentation of suitable identification, the city, MPCA and EPA will be permitted to
enter, without delay, for the purposes of performing their specific responsibilities.
(b) The city shall have no authority to inquire into any industrial processes beyond that point
in the process having a direct bearing on the kind and source of discharge to the sewers or
waterways or facilities for treatment.
(c) While performing the necessary work on private properties referred to in divisions
(D)(6)(a) and (D)(6)(b) above, city employees shall observe all safety rules applicable to
the premises established by the company.
(E) Civil action. If any person discharges sewage, industrial wastes or other wastes into the cityÓs
wastewater disposal system contrary to the provisions of this section, federal or state pretreatment
requirements or any order of the city, the city may commence an action for appropriate civil relief.
Ord. 2d 91, amended 09/26/2018.
§ 51.11 RULES AND REGULATIONS RELATING TO STORMWATER DRAINAGE UTILITY.
(A) Statutory authority. M.S. £ 444.075 (Ðthe ActÑ) authorizes cities to impose just and reasonable charges
for the use and availability of storm sewer facilities (ÐchargesÑ). By this chapter, the city elects to
exercise such authority.
46 tğŭĻ
(B) Findings and purpose. In providing for such charges, the following findings and determinations are
made.
(1) In the exercise of its governmental authority and in order to promote the public health, safety,
convenience and general welfare, the city has constructed, operated and maintained a storm
sewer system (the ÐsystemÑ). This chapter is adopted in the further exercise of that authority.
(2) The system, as constructed, heretofore has been financed and paid for through the imposition of
special assessments and ad valorem taxes. The financing methods were appropriate to the
circumstances at the time they were used. It is now necessary and desirable to provide an
alternative method of recovering some or all of the future costs of operating, maintaining and
improving the system through the imposition of charges as provided in this section.
(3) In imposing charges, it is necessary to establish a methodology that undertakes to make them just
and equitable. Taking into account the status of completion of the system, past methods of
recovering system costs, and other relevant factors, it is determined that it would be just and
equitable to assign responsibility for some or all of the future costs of operating, maintaining and
improving the system on the basis of the expected stormwater runoff from the various parcels of
land within the city.
(4) Assigning costs and making charges based upon expected typical storm sewer runoff cannot be
done with mathematical precision but can only be accomplished within reasonable and practical
limits based upon use.
(C) System established. A city storm sewer system utility is hereby established. The system consists of all
storm sewer conduits, manholes and catch basins, ditches and ponds within the public right-of-way and
storm sewer conduits, manholes and catch basins in public purpose easements as pursuant to the
Stormwater Drainage Master Plan and Stormwater Pollution Prevention Plan and any additional storm
sewer facilities that may be acquired or otherwise included as determined by the City Council.
(D) Use of revenues. All funds obtained from collection of annual and development stormwater drainage
system charges shall be deposited in a Stormwater Drainage Utility System Fund and used for payment
of costs incurred in maintenance and operation of the cityÓs stormwater drainage system.
(E) Mutual Aid. The City will charge other governmental agencies for development, maintenance and
operation of stormwater drainage systems which serve roads, bridges, trails, buildings, structures, real
property or impervious surfaces constructed or owned by other governmental agencies. Other
governmental agencies can include but are not limited to other Cities, Counties, State or Federal
governments, or divisions or combinations thereof. Unless otherwise authorized by the City Council,
other governmental agencies will be charged fees equal to the percentage which their appurtenances
contribute stormwater to the CityÓs stormwater drainage system. These fees will be calculated by the
City Engineer and/or in accordance with the Stormwater Drainage Master Plan or Stormwater Pollution
Prevention Plan. These calculations will be subject to annual review by the City. Fees will be set by the
CityÓs annual fee schedule.
Ord. #56, adopted 01/22/1992, Ord. amended 10/27/1993, Ord. 2d #26, amended 12/10/2008
47 tğŭĻ
§ 51.20 FINDINGS AND PURPOSE.
The city council hereby finds that nonstormwater discharges to the city's municipal separated storm
sewer system are subject to higher levels of pollutants that enter into receiving water bodies adversely affecting
the public health, safety and general welfare by impacting water quality, creating nuisances, impairing other
beneficial uses of environmental resources and hindering the ability of the city to provide adequate water,
sewage, flood control and other community services.
The purpose of the ordinance is to promote, preserve and enhance the natural resources within the city
and protect them from adverse effects occasioned by nonstormwater discharges by regulating discharges that
would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land.
§ 51.21 (DELETED Ord. 2d 91, as amended 09/26/2018.)
§ 51.22. ADMINISTRATION.
The city and its authorized representatives are authorized to administer, implement, and enforce the
provisions of this chapter.
§ 51.23 ILLEGAL DISPOSAL AND DUMPING.
(A) No person shall throw, deposit, place, leave, maintain, or keep any substance upon any street, alley,
sidewalk, storm drain, inlet, catchbasin conduit or drainage structure, business, or upon any public or
private land, so that the same might be or become a pollutant, unless the substance is in containers,
recycling bags, or any other lawfully established waste disposal device.
(B) No person shall intentionally dispose of grass, leaves, dirt, or landscape material into a water resource,
buffer, street, road, alley, catchbasin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control
channel, canal, storm drain or any fabricated natural conveyance.
51.24 ILLICIT DISCHARGES.
(A) No person shall cause any illicit discharge to enter the storm sewer system or any surface water.
(B) Exemptions. The following discharges are exempt from this section:
(1) Nonstormwater that is authorized by an NPDES point source permit obtain from the MPCA;
(2) Firefighting activities or other activities necessary to protect public health and safety;
(3) Dye testing for which the city has provided a verbal notification prior to the time of the test;
(4) Water line flushing or other potable water sources;
(5) Landscape irrigation or lawn watering;
(6) Diverted stream flows;
(7) Rising ground water;
(8) Ground water infiltration to storm drains;
(9) Uncontaminated pumped ground water;
(10) Foundation or footing drains (not including active groundwater dewatering systems);
(11) Crawl space pumps, or sump pumps conforming with section 150.30;
(12) Air conditioning condensation;
(13) Springs;
48 tğŭĻ
(14) Noncommercial washing of vehicles;
(15) Natural riparian habitat or wetland flows;
(16) Dechlorinated swimming pools (for pools to be considered "dechlorinated," water must
be allowed to sit seven (7) days without the addition of chlorine to allow for chlorine to
evaporate before discharging in an area where drainage to streets or storm sewer systems may
occur); or
(17) Any other water source not containing a pollutant.
§ 51.25 ILLICIT CONNECTIONS.
No person shall construct, use, or maintain any illicit connection to intentionally convey nonstormwater
to the city's storm sewer system. This prohibition expressly includes, without limitation, illicit connections
made in the past regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection. A person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the storm sewer system, or allows such a connection to continue.
§§ 51.26 THROUGH 51.28 RESERVED FOR FUTURE USE.
§ 51.29 GENERAL PROVISIONS.
All owners or occupants of property shall comply with the following general requirements:
(A) Septic systems. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or
septic waste in an area where discharge to streets or storm sewer system may occur. This section shall
apply to both actual and potential discharges.
(1) Individual septic systems must be maintained to prevent failure, which has the potential to
pollute surface water.
(2) No part of any individual septic system requiring on-land or in-ground disposal of waste shall be
located closer than 150 feet from the ordinary high water level in the case of DNR protected
waters, or the wetland boundary in the case of all other water bodies, unless it is proven by the
applicant that no effluent will immediately or gradually reach the water bodies because of
existing physical characteristics of the site or the system.
(3) Recreational vehicle sewage shall be disposed to a proper sanitary waste facility. Waste shall not
be discharged in an area where drainage to streets or storm sewer systems may occur.
(B) Water runoff. Runoff of water from residential property shall be minimized to the maximum extent
practicable. Runoff of water from the washing down of paved areas in commercial or industrial property
is prohibited unless necessary for health or safety purposes and not in violation of any other provisions
of the city code.
49 tğŭĻ
(C) Mobile washing businesses. Business that use significant amounts of water at various locations in the
city, such as, but not limited to mobile vehicle washing and carpet cleaning, shall dispose of wastewater
into the sanitary sewer at a location permitted by the city. Wastewater must not be discharged where
drainage to streets or storm sewer system may occur.
(D) Motor vehicle repair and maintenance. Storage of materials, machinery and equipment for motor
vehicle repair and maintenance must comply with the following requirements:
(1) Motor vehicle parts containing grease, oil or other hazardous substances and unsealed
receptacles containing hazardous materials shall not be stored in areas susceptible to runoff.
(2) Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff
shall be placed in a confined area to contain leaks, spills, or discharges.
(E) Parking lots and private streets. Debris from parking lots and private streets should be swept at least
once a year in the spring to remove debris. Such debris shall be collected and properly disposed.
(F)Other. Fuel and chemical residue or other types of potentially harmful material, such as animal waste,
garbage or batteries shall be removed as soon as possible and disposed of properly. Household
hazardous waste may be disposed of through the county collection program or at any other appropriate
disposal site and shall not be placed in a trash container.
§ 51.30 INDUSTRIAL ACTIVITY DISCHARGES.
Any person subject to an industrial activity NPDES stormwater discharge permit shall comply with all
provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the city
prior to the allowing of discharges to the storm sewer system. Any person responsible for a facility that has
stormwater discharges associated with industrial activity, who is or may be the source of an illicit discharge,
may be required to implement, at the person's expense, additional structural and nonstructural BMPs to prevent
the further discharge of pollutants to the storm sewer system. These BMPs shall be part of a stormwater
pollution prevention plan as necessary for compliance with requirements of the NPDES permit.
§ 51.31 NOTIFICATION OF SPILLS.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation has information of any known or suspected
release of materials which are resulting or may result in illegal discharges or pollutants discharging into the
storm sewer system, or public water the person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release of hazardous materials, the person shall
immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, the person shall notify the city no later than the next business day.
§ 51.32 ACCESS.
50 tğŭĻ
If the city has been refused access to any part of the premises from which stormwater is discharged, and
is able to demonstrate probable cause to believe that there may be a violation of this section or that there is a
need to inspect and/or sample as part of a routine inspection and sampling program designed to verify
compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and
welfare of the community, then the city may seek an administrative search warrant from any court of competent
jurisdiction.
§ 51.33 SUSPENSION OF STORM SEWER SYSTEM ACCESS.
(A) Suspension due to illicit discharges in emergency situation. The city may, without prior notice, suspend
storm sewer system discharge access to a person when such suspension is necessary to stop an actual or
threatened discharge that presents or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the storm sewer or public waters. If the violator fails to
comply with a suspension order issued in an emergency, the city may take such steps as deemed
necessary to prevent or minimize damage to the storm sewer system or public waters, or to minimize
danger to persons.
(B) Suspension due to the detection of illicit discharge. All persons discharging to the storm sewer system in
violation of this chapter may have their storm sewer system access terminated if such termination serves
to abate or reduce an illicit discharge. It is a violation of this section to reinstate storm sewer system
access to premises that have been terminated pursuant to this section without the prior approval of the
city.
§ 51.34 VIOLATION.
(A) A violation of this chapter is a public nuisance. When the city finds that a person has violated a
prohibition or failed to meet a requirement of this section, the person is deemed to have created a public
nuisance subject to abatement and assessment, as provided in Chapter 91. In addition to any order issued
pursuant to Chapter 91.07 through 91.08, the city may require the following:
(1) The performance of monitoring, analysis, and reporting;
(2) The implementation of source control or treatment BMPs;
(3) Any other requirement deemed necessary.
(B) The remedies listed in this chapter are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the City to seek cumulative
remedies. The City may recover all attorney's fees, court costs and other expenses associated with
enforcement of this chapter, including sampling and monitoring expenses.
Ord. 2d #55, amended 03/01/2012
§ 51.200 MANDATORY CONNECTION TO PUBLIC SYSTEMS.
51 tğŭĻ
(A) It is unlawful for any person to install a private water system that is intended to provide water for
human consumption or a private sewer system for the sanitary removal of waste, in the city except in
cases where the public water or public sewer systems are not accessible to the premises where a
private system is requested. To determine whether public water or public sewer are available for
connection, each person or corporation desiring to install a private water or private sewer system must
first make application for connection to a public system. Upon determination by the city that it is not
feasible to connect the applicantÓs premises to public water or public sewer, then the applicant shall be
granted a permit to install a private water or private sewer system in accordance with all appropriate
state and local regulations and subject to an agreement with the city recognizing the temporary nature
of the private system.
(B) Notwithstanding the other provisions of this chapter, if a public service is available, property served by
a private water or private sewer system shall immediately connect to public water or public sewer
whenever a private sewer or private water connection falls into disrepair.
(C) All property served by private water or private sewer systems must connect to public water and public
sewer, if a public service is available to serve the property: 1) upon sale or transfer of ownership of a
parcel with a principal structure, or 2) upon expanding the structureÓs finished square footage by 33%
or more.
Ord. 2d 91, amended 09/26/2018.
§ 51.201 TRANSFER OF PROPERTIES.
(A) Whenever a conveyance of land occurs, the following requirements shall be met:
(1) The seller of the property is responsible for providing a completed City of Centerville point
of sale certificate, with any required attachments, to the buyer at or before closing. These
documents shall provide the status and location of all known private water or private sewer
connections and components thereof on the property and, if applicable, the requirements for
bringing the dwelling or other structure into compliance with this chapter;
(2) The buyer is responsible to file the City of Centerville point of sale certificate, and required
attachments, along with the certificate of real estate value at the County AuditorÓs Office;
and,
(3) If the seller fails to provide a certificate of compliance, sufficient security must be
established in the form of an escrow account to assure the installation of connections to
public water and public sewer. The security, in the amount set forth in the City of Centerville
Fee Schedule, shall be placed in an escrow with the City, a licensed real estate closer,
licensed attorney-at-law, or federal or state chartered financial institution. Connecting to
public water and public sewer must be installed within the time frame established in §§
52.199. After connecting to public water and public sewer, and a certificate of compliance
issued, the escrow may be released. Escrow may be incrementally released to contractors if
approved by the city.
52 tğŭĻ
(B) The compliance with this chapter is not required if the sale or transfer involves one of the following
circumstances:
(1) Dwellings or other structures connected to the public water or public sewer systems;
(2) Dwellings or other structures where a connection to the public water or public sewer systems
are not available;
(3) Tract of land is vacant or contains no structures with plumbing fixtures;
(4) The existing dwelling or other structure with plumbing has been abandoned per § 51.09(C).
(Compliance by filing a certificate of plumbing abandonment with the City.);
(5) The transfer does not require the filing of a certificate of real estate value, as described in
M.S. § 272.115;
(6) The transfer is a foreclosure or tax forfeiture. This subsection applies only for the transfer
from the original mortgagee, to the financial/lending institution or local unit of government.
The subsequent transfer shall meet the requirements of this chapter;
(7) A refinance of a property;
(8) The sale or transfer is to the sellerÓs spouse or ex-spouse only. The sale or transfer may be by
deed, through a joint tenancy, of a testamentary nature, or by trust document; or
(9) The sale or transfer completes a contract for deed or purchase agreement entered into prior to
September 26, 2018. This division applies only to the original vendor and vendee on such a
contract.
Ord. 2d 91, amended 09/26/2018.
§ 51.205 DEADLINES FOR COMPLIANCE.
(A) Connection to public water and sewer must be completed within 120 days of a property transfer
or building permits subject to this chapter unless an extension is approved by the City in writing.
(B) All property transfers and building permits issued subject to this chapter occurring during the
period between November 1st and April 30th, where dwellings or other structures on a parcel
cannot connect to public water and sewer due to frozen soil conditions, shall have an escrow
account established pursuant to the City of Centerville Fee Schedule. The structures on the parcel
shall be brought into compliance within ten months from the date of property transfer or156 date
a building permit is issued.
Ord. 2d 91, amended 09/26/2018.
§ 51.210 NOTICE OF VIOLATION.
53 tğŭĻ
The City is authorized to serve, in person or by mail, a notice of violation to any person
determined to be violating provisions of this chapter. The notice of violation may contain:
(A) A statement documenting the findings of fact determined through observations, inspections, or
investigations;
(B) A list of specific violation(s) of this chapter;
(C) Specific requirements for correction or removal of the specified violation(s); and/or,
(D) A mandatory time schedule for correction, removal, and compliance with this chapter.
Ord. 2d 91, amended 09/26/2018.
§ 51.211 CEASE AND DESIST ORDERS.
Cease and desist orders may be issued when the City has probable cause that an activity regulated by
this, or any other provision of this chapter, is being, or has been conducted without a building or construction
permit, or in violation of a building or construction permit. When work has been stopped by a cease and desist
order, the work shall not resume until the reason for the work stoppage has been completely satisfied, any
administrative fees paid and the cease and desist order lifted.
Ord. 2d 91, amended 09/26/2018.
§ 51.212 CIVIL REMEDIES.
In the event of a violation or a threat of a violation of this chapter, the city may institute appropriate civil
actions or proceedings, including injunctive relief, to prevent, restrain, correct, or abate such violations or threat
of violations. The city may recover costs incurred for corrective action in a civil action in any court of
competent jurisdiction, and such costs may be certified by court order to the County Auditor as a special tax
against the real property. These and other remedies, as determined appropriate by the city, may be imposed
upon the property owner, permittee, licensed installer, or other responsible person, either in addition to or
separate from other enforcement actions.
Ord. 2d 91, amended 09/26/2018.
§ 51.213 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 shall not be deemed a limitation or repeal
of any other powers granted by Minnesota Statutes.
Ord. 2d 91, amended 09/26/2018.
§ 51.214 FAILURE TO COMPLY - RESPONSIBLE PARTY.
Should the seller fail to disclose the conditions required by this chapter to the buyer, and neither party
established an escrow account, the buyer of the property becomes wholly responsible and shall certify
compliance to the City as to the conditions required by this chapter within 30 days of the property transfer or
54 tğŭĻ
have the dwelling or other structure brought into compliance within 120 days of the property transfer. In the
event of failure to comply, the seller remains criminally liable for failing to comply with the requirements of
this chapter.
Ord. 2d 91, amended 09/26/2018.
§ 51.999 PENALTY.
Any person, firm, agent, or corporation who violates any of the provisions of this chapter, or who fails,
neglects, or refuses to comply with the provisions of this chapter, including violations of conditions and
safeguards, or who knowingly makes any material false statement, or knowing omission in any document
required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction
thereof, shall be punishable as defined by Minnesota State Statutes. Each day that a violation exists shall
constitute a separate offense. These penalties are independent of those penalties set forth in § 51.34.
Ord. 2d 91, amended 09/26/2018.
55 tğŭĻ
TITLE VII: TRAFFIC CODE
Chapter
70. TRAFFIC REGULATIONS
71. PARKING REGULATIONS
72. SNOWMOBILES
73. REGULATING SPECIAL VEHICLES ON ROADWAYS
56 tğŭĻ
CHAPTER70:TRAFFICREGULATIONS
Section
General Provisions
70.01 State Traffic Code adopted
70.02 Locking ignition
70.03 U-turns
70.04 Repairs
70.05 Controlling loud radios in motor vehicles
70.06 Unreasonable acceleration
Weight Restrictions
70.20 Generally
70.21 Weighing
70.22 Special permits
70.23 Special road restrictions
70.24 Liability for damage
Cross-reference:
Parking Regulations, see Ch. 71
Snowmobiles, see Ch. 72
GENERAL PROVISIONS
§ 70.01 STATE TRAFFIC CODE ADOPTED.
The regulatory provisions of M.S. Chapters 168, 169, 170 and 171, each as amended by subsequent laws
of the State of Minnesota, are adopted as a traffic ordinance regulating the use of highways, streets and alleys
within the city and are incorporated in and made a part of this chapter as completely as if set out here in full.
§ 70.02 LOCKING IGNITION.
Every person parking a motor vehicle on a public street, alley or parking lot within the city shall lock the
ignition, remove the key and take the same with him or her.
§ 70.03 U-TURNS.
No vehicle shall be turned around by making a U-turn upon any street or highway in the city unless the
vehicle shall first proceed to an intersecting street. Provided, however, that a U-turn is prohibited at any
57 tğŭĻ
intersection on any street or highway in the city where a police officer is stationed, where an illuminated
automatic semaphore signal, a red and white painted stop sign or a ÐNo U-TurnÑ sign is located at the
intersection. (Ord. #16, adopted 6/6/1969)
§ 70.04 REPAIRS.
No person shall repair any vehicle in the street except in an emergency in which the repair can be
completed within 30 minutes.
§ 70.05 CONTROLLING LOUD RADIOS IN MOTOR VEHICLES.
All operations of any motor vehicle radio receiving set, tape player, compact disc player, paging system
or any other device for the production or reproduction of sound in a distinctly and loudly audible manner so as
to unreasonably disturb the peace, quiet and comfort of any person nearby or at a distance of 25 feet or more is
prohibited.
§ 70.06 UNREASONABLE ACCELERATION.
No person shall start, drive, move or accelerate any motor vehicle with unnecessary speed or with an
unnecessary exhibition of speed on any public or private roadway or parking lot within the city limits. Prima
facie evidence of such unnecessary speed shall be unreasonable squealing or screeching sounds emitted by the
tires, tire marks on the pavement caused by such acceleration or the throwing of sand or gravel by the tires of
the vehicle. Motor vehicles for the purpose of this section shall specifically include automobiles, trucks and
motorcycles.
Ord. #26, adopted 04/22/1997
WEIGHT RESTRICTIONS
§ 70.20 GENERALLY.
Except where sign posted otherwise, no vehicle or combination of vehicles equipped with pneumatic
tires shall be operated upon the highways in the city:
(A) Where the gross weight on any wheel exceeds 7,000 pounds; and/or
(B) Where the gross weight on any single axle exceeds 14,000 pounds.
§ 70.21 WEIGHING.
(A) Any police officer having reason to believe that the weight of a vehicle is unlawful is authorized to
require the driver to submit to a weighing of the vehicle either by means of portable or stationary scales
58 tğŭĻ
and may require that the vehicle be driven to the nearest scales in the event the scales are within five
miles.
(B) When an officer, upon weighing a vehicle and load as above provided, determines that the weight of any
axle exceeds the lawful weight or that the weight on any group of two consecutive axles spaced six feet
or less apart exceed their lawful weight or that the weight is unlawful on any axle or group of
consecutive axles on any road restricted under this chapter, the officer may require the driver to stop the
vehicle in a suitable place and remain standing until such portion of the load is removed as may be
necessary to reduce the gross weight of the vehicle to a permissible limit. All materials so unloaded
shall be cared for by the owner or driver of the vehicle at the risk of the owner or driver.
(C) No vehicle driver shall fail or refuse to stop and to submit the vehicle to a weighing or to otherwise
comply with the provisions of this section.
§ 70.22 SPECIAL PERMITS.
The City Administrator or designee upon application in writing and for good cause may issue a special
permit, in writing, authorizing the applicant to move a vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this chapter. The application for any such permit shall
specifically describe the vehicle or vehicles and loads to be moved and the particular highways for which permit
to so use is requested and the period of time for which the permit is requested. The City Administrator or
designee is authorized to issue or withhold the permit at discretion and, if necessary, to insure against undue
damage to road foundations, surfaces or structures and may require such security as may be deemed necessary
to compensate for any injury to any roadway or road structure. Every permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to inspection by any police officer. No person shall
violate any of the terms or conditions of the special permit.
Ord. #46, adopted 08/24/1988
§ 70.23 SPECIAL ROAD RESTRICTIONS.
(A) The Council is authorized by resolution to prohibit the operation of trucks or other commercial vehicles
or to impose limitations as to weight thereof on any highway, street, alley or roadway within the city
whenever any such highway, street, alley or roadway, by reason of deterioration, rain, frost, snow or
other climactic conditions, will be seriously damaged or destroyed, unless the use of vehicles thereon is
prohibited or the permissible weights thereof reduced. Prohibitions or restrictions shall not be effective
unless and until signs are posted on the designated highways, streets, alleys or roadways.
(B) The Council may by resolution designate certain streets as stop streets, one-way streets and, to the extent
permitted by law, regulate speeds on city streets and direct the placement of signs making notification of
these regulations. Failure to obey those posted regulations is a violation of this chapter.
59 tğŭĻ
§ 70.24 LIABILITY FOR DAMAGE.
Any person driving a vehicle in violation of the provisions of this subchapter shall be liable for all street
damage resulting from such act. When the person is driving the vehicle in violation of the provisions of this
subchapter with the express or implied consent of the owner, the owner and driver shall be jointly and severally
liable for all resulting street damage.
60 tğŭĻ
CHAPTER71:PARKINGREGULATIONS
Section
71.01 Parking prohibitions
71.02 Towing of Illegally Parked Vehicles
71.99 Penalty
§ 71.01 PARKING PROHIBITIONS.
(A) Every vehicle parked upon any street with a curb shall be parked parallel to the curb and with the right-
hand wheels of the vehicle within 12 inches of the curb. On other streets, a vehicle shall be parked to
the right of the main traveled portion thereof and parallel thereto and in a manner as not to interfere with
the free flow of traffic. These requirements shall not apply, however, to any vehicle disabled upon any
street, but any police officer may require the person in charge thereof to move it to a place of safety, and
if the movement is not made or if any motor vehicle is left alone or abandoned in that position, the
officer may provide for the removal of the vehicle to the nearest convenient garage or other place of
safekeeping.
(B) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic
or in compliance with the directions of a police officer or traffic-control device, in any of the following
places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within ten feet of a fire hydrant;
(5) On a crosswalk;
(6) Within 20 feet of a crosswalk at an intersection;
(7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal
located at the side of the roadway;
(8) Between a safety zone, unless a different length is indicated by signs or markings;
(9) Within 20 feet of the driveway entrance to any fire station and, on the side of the street opposite
the entrance to the fire station, within 75 feet of the entrance when properly sign-posted;
(10) Alongside or opposite any street excavation or obstruction when the stopping, standing or
parking would obstruct traffic;
(11) In the roadway side of any vehicle stopped or parked at the edge or curb of a street; or
(12) At any place where official signs prohibit stopping.
(C) No person shall, for camping purposes, leave or park a house trailer on any street or the right-of-way
thereof.
61 tğŭĻ
(D) No person shall stop or park a vehicle on a street when directed to proceed by any peace officer with
authority to direct traffic.
(E) No vehicle shall be parked on any street for the purpose of displaying it for sale.
(F) (1) No vehicle, except an emergency vehicle on an emergency call, shall be parked between
the hours of 3:00 a.m. and 7:00 a.m., and no vehicle shall in any case be parked upon
any street in any one place for a longer continuous period than 24 hours.
(2) However, these restrictions shall not apply to the parking of one vehicle on the street
due to new construction during the months of March through May of each year.
(G) (1) The City Administrator may issue temporary permits to park on streets during restricted
times.
(2) The permit shall state the duration and location for which the permit is valid.
(3) A fee may be charged for such permits in accordance with a resolution adopted by the
City Council.
Penalty, see § 71.99
Ord. #16, adopted 06/06/1969, Ord. amended 02/09/1972, Ord. amended 03/28/1984, Ord. amended
12/12/1984
§ 71.02 TOWING OF ILLEGALLY PARKED VEHICLES.
Any vehicle parked in violation of the city code or in violation of state law may be removed by towing
at the direction of the city police to a suitable place for storage until claimed by the owner or agent of the
owner. The owner or other person responsible for such parking of the vehicle shall be liable for the reasonable
cost of such towing and storage upon conviction for such illegal parking. The city shall in no way be liable for
any damage to any vehicle which has been ordered towed away.
Ord. 2d #24, amended 12/10/2008
§ 71.99 PENALTY.
Any person convicted of violating any provision of this chapter shall be guilty of a misdemeanor but if a
minimum fine or imprisonment is prescribed by the State Highway Traffic Act for an offense, the penalty shall
apply to a person convicted of the same offense under this chapter. For continuing violations, each day the
violation exists shall be considered a separate offense.
Ord. #16, adopted 06/06/1969, Ord. 2d #24, amended 12/10/2008
62 tğŭĻ
CHAPTER72:SNOWMOBILES
Section
72.01 Intent
72.02 Definitions
72.03 Adoption of state law by reference
72.04 Operation within the city limits, snowmobiles
72.05 Prohibited use
72.06 Hours of operation
72.07 Application of other laws
72.08 Through 72.98 reserved for future use
72.99 Penalty
§ 72.01 APPLICABILITY.
This ordinance applies to the operation of snowmobiles on public lands and waters, and private property
within the jurisdiction of the City and on streets and highways within the boundaries of the City.
Ord. #17-A, adopted 04/24/1991, Ord. 2d #59, amended 10/10/2012
§ 72.02 DEFINITIONS.
The words, combination of words, terms or phrases used in this ordinance and defined in Minnesota
Statutes, Section 84.81, shall have the meanings given them by that section.
Ord. #17-A, adopted 04/24/1991, Ord. 2d #59, amended 10/10/2012
§ 72.03 ADOPTION OF STATE LAW BY REFERENCE.
The provisions of Minnesota Statutes, Sections 84.82 pertaining to registration, 84.87 pertaining to
snowmobile operation and regulations by municipalities, 84.871 pertaining to equipment requirements, 84.872
pertaining to youthful snowmobile operators, 84.88 pertaining to penalties are adopted and made a part of this
ordinance as if set out in full.
Ord. #17-A, adopted 04/24/1991, Ord. 2d #59, amended 10/10/2012
§ 72.04 OPERATION WITHIN THE CITY LIMITS, SNOWMOBILES.
63tğŭĻ
(A) The City Council, may, from time to time, adopt an official map defining the boundaries of a No
Snowmobile Zone within which snowmobiling. Including recreational riding on your own property, is
prohibited in order to protect the safety of snowmobilers and citizens of the City.
(B) Within the City, snowmobiles may be operated for recreational purposes on:
(1) Property you own,
(2) Property for which you have written permission in your possession to ride,
(3) Over Centerville Lake and Peltier Lake (when safely iced over), when legally accessed as
defined in this ordinance and not closer than 50 feet from the shoreline, skating rinks, fish
houses, and pedestrians.
(C) Within the City of Centerville, travel through the City on a snowmobile may occur on County Roads and
State Highways in a manner which conforms to County and State regulations. In no case shall travel
occur through a designated No Snowmobile Zone on the above-identified roads or highways.
(D) For local access to the above-identified through-city travel routes, snowmobiles may travel on the right
hand side of local streets on the paved surface within the curb line from the operatorÓs place of residence
to the travel route via the most direct route. Any return trip must occur in the same manner. Travel for
local access shall be at a rate not to exceed twenty (20) miles per hour. Snowmobiles must travel single
file in this instance.
(E) Additionally, a snowmobile may be operated upon a local street for the sole purpose of leaving and
returning to a place of residence, provided that the travel is limited to the shortest possible route between
the residence and a restaurant or a gasoline filling station.
(F) Lakes may be accessed directly from private property, by trailering sleds to a public boat landing, or via
local access as defined above.
Ord. #17-A, adopted 04/24/1991, Ord. #87, amended 10/12/2005, Ord. 2d #59, amended 10/10/2012
§ 72.05 PROHIBITED USE.
Within the City of Centerville, snowmobiles shall not be operated
(A) On public lands, including but not limited to: public parks, playgrounds, trails, sidewalks, paths, open
spaces, scenic and historic sites, cemeteries, schools, golf courses, and other public buildings and
structures.
(B) Within fifth (50) feet of any fisherman, fish house, shelter, pedestrian, skating rink, sliding area or in any
other area where such operation would conflict with the use or endanger other persons or property.
(C) At any place, while under the influence of intoxicating liquor, narcotics or habit-forming drugs.
(D) At a rate of speed greater than posted for the County Road or Highway, or reasonable for the
surrounding circumstances, and in the case of local access, not to exceed twenty (20) miles per hour.
64tğŭĻ
(E) At any place in a careless, reckless or negligent manner so as to endanger the person or property of
another or to cause injury or damage thereto.
Ord. #17-A, adopted 04/24/1991, Ord. 2d #59, amended 10/10/2012
§ 72.06 HOURS OF OPERATION.
Snowmobiles shall not be operated between the hours of 12:01 a.m. and 7:00 a.m., except for emergency
purposes or except if the operator is returning to his residence at a speed not in excess of twenty (20) miles per
hour.
Ord. #17-A, adopted 04/24/1991, Ord. 2d #59, amended 10/10/2012
§ 72.07 APPLICATION OF OTHER LAWS.
The provisions of Minnesota Statutes, Chapter 169, pertaining to traffic regulations, which relate to the
use and operation of snowmobiles, shall apply to the use and operation of snowmobiles upon the streets and
highways of the City. However, those provisions which by their nature have no application shall not apply.
Ord. 22 #59, amended 10/10/2012
§ 72.08 THROUGH 72.98 RESERVED FOR FUTURE USE.
§ 72.99 PENALTY.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment of not more than
ninety (90) days, or both, plus costs of prosecution in either case.
Ord. #17-A, adopted 04/24/1991, Ord. 2d #59, amended 10/10/2012
65tğŭĻ
CHAPTER73REGULATINGSPECIALVEHICLESONROADWAYS
Section
73.01 Intent
73.02 Definitions
73.03 Special Vehicle Use on Streets
73.04 Penalty
§ 73.01 INTENT.
The City intends to permit the operation of all-terrain vehicles, mini trucks, or utility task vehicles on
designated roadways or portions thereof under the jurisdiction of the City, and under the powers granted to the
City pursuant to Minnesota Statute Section 169.045. Authorization to operate these vehicles is by permit only.
§ 73.02 DEFINITIONS.
Unless the context indicates otherwise, the following terms have the meanings stated:
(A) Special Vehicles
(1) "Mini truck" is specifically defined by Minnesota Statutes Section 169.011, subdivision 40a., and
means a motor vehicle that has four wheels; is propelled by an electric motor with a rated power
of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of
660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains an
enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van,
including a cargo area or bed located at the rear of the vehicle; and was not originally
manufactured to meet federal motor vehicle safety standards required of motor vehicles in the
Code of Federal Regulations, title 49, sections 571.101 to 571.404 and successor requirements.
A mini truck does not include:
(a) a neighborhood electric vehicle or a medium-speed electric vehicle; or
(b) a motor vehicle that meets or exceeds the regulations in the Code of Federal Regulations,
title 49, section 571.500,and successor requirement.
(2) ÐUtility task vehicleÑ is specifically defined by Minnesota Statute Section 169.011, subdivision
40a., and means a side-by-side four-wheel drive off-road vehicle that has four wheels, is
propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic
centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds.
66tğŭĻ
(3) ÐAll-terrain vehicleÑ is specifically defined by Minnesota Statute Section 84.92, subdivision 8,
and means a motorized flotation-tired vehicle of not less than three low pressure tires, but not
more than six tires, that is limited in engine displacement of less than 1,000 cubic centimeters,
and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.
(B) Streets. ÐStreetsÑ means any street, highway, avenue, alley, or other public right of way within the
jurisdiction of the City, including the entire right of way.
§ 73.03 SPECIAL VEHICLE USE ON STREETS
(A) Designation of roadway, permit. The City authorizes the operation of all-terrain vehicles, mini trucks,
and utility task vehicles on all streets in the City as defined in this ordinance. Operation of these vehicles
is a privilege which may be revoked at any time if there is evidence that an operator cannot safely
operate the vehicle. Special vehicles shall be authorized to operate in the following manner:
(1) Issuance of a documented permit required. The city may grant and issue a permit document to
the owner for a period not to exceed three years, and which may be renewed. There shall be at
the time of filling out the application a permit fee as set by the City Council, as adopted from
time to time. No permit is valid unless it is present when the special vehicle is being operated.
(2) Issuance of a documented permit not required. The city grants a permit to the operator of a
special vehicle during its use for a commercial or business purpose. Operating a special vehicle
for this limited purpose does not require a permit application, fee or documented permit.
(B) Crossing intersecting highways. The operator, under permit for an all-terrain vehicle, mini truck, or
utility task vehicle may cross any street or highway intersecting a designated roadway.
(C) Application of traffic laws. Every person operating an all-terrain vehicle, mini truck, or utility task
vehicles under permit on designated streets has all the rights and duties applicable to the driver of any
other automobile or passenger vehicle under state or federal law or regulation except:
(1) where specifically exempted by state law,
(2) those provisions of law or regulation that cannot reasonably be applied to an all-terrain vehicle,
mini truck, or utility task vehicle, or
(3) as otherwise provided in subdivision D.
(D) Required equipment on mini trucks. Notwithstanding State Statue Sections 169.48 to 169.68, or any
other law, a mini truck may be operated under permit on designated roadways if it is equipped with:
(1) at least two head lamps;
(2) at least two tail lamps;
(3) front and rear turn signal lamps;
(4) an exterior mirror mounted on the driver's side of the vehicle, and either an exterior mirror
mounted on the passenger's side of the vehicle or an interior mirror;
67tğŭĻ
(5) a windshield;
(6) a seat belt for the driver and front passenger;
(7) a parking brake, and
(8) roll-over equipment.
(E) Insurance. Proof of insurance meeting State requirements for passenger automobiles is required to
receive a permit.
(F)Times of operation. All-terrain vehicles, and utility task vehicles may only be operated on designated
roadways from sunrise to sunset, unless equipped with original equipment headlights, taillights, and
rear-facing brake lights. They shall not be operated in inclement weather, except during
emergency conditions, or when visibility is impaired by weather, smoke, fog or other conditions, or at
any time when there is insufficient visibility to clearly see persons and vehicles on the roadway at a
distance of 500 feet.
(G) Special events. In conjunction with a special event permit issued by the City, any provision within this
ordinance may be waived and the City Council may permit the operation of any special vehicle allowed
under state law.
§ 73.04 PENALTIES.
Any person convicted of violating any provision of this chapter shall be guilty of a misdemeanor.
Notwithstanding violating the provisions of this chapter, any person convicted of violating parking, traffic or
vehicles laws or regulations in the operation of a vehicle regulated pursuant to this chapter shall be subject to
those criminal and/or civil procedures or penalties which are assigned to such offenses.
Ord. 2d, #50, amended 10/12/2011
68tğŭĻ
TITLE IX: GENERAL REGULATIONS
Chapter
90. ANIMALS
91. HEALTH AND SAFETY; NUISANCES
92. PARKS AND RECREATION
93. STREETS AND SIDEWALKS
94. SPORTING, ATHLETIC AND MUSIC EVENTS
69tğŭĻ
CHAPTER90:ANIMALS
Section
General Provisions
90.01 Dogs and other animals
90.02 Wild or dangerous animals
90.03 Farm animals
90.04 Diseased animals Î disease control
90.05 through 90.09 reserved for future use
90.10 Dangerous and potentially dangerous animals
90.11 Summary destruction
90.12 through 90.89 reserved for future use
90.90 Civil Actions
90.97 Applicability
90.98 Penalty for Violation
90.99 Continuing Violation
GENERAL PROVISIONS
§ 90.01. DOGS AND OTHER ANIMALS.
(A) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning
ascribed to them in this subdivision, except where the context clearly indicates a different meaning:
ANIMAL means all animals, whether wild or domestic, including but not limited to dogs and cats.
ANIMAL CONTROL AUTHORITY means the city, acting through its employees or officials, the
police department, or any person or organization appointed by city council for the purpose of enforcing
this chapter.
ANIMAL CONTROL OFFICER means all employees of the police and public works departments, or
any other person or employee of an organization appointed by the city council for purposes of enforcing
this chapter.
ANIMAL SHELTER means any premises designated by the city council for the purpose of impounding
or caring for animals held under the authority of this chapter.
AT LARGE means an animal off the owner's premises and not under the control of the owner, a member
of the ownerÓs immediate family, or person in control of the animal either by leash, cord or chain, or
similar physical restraint.
70tğŭĻ
FARM ANIMALS shall mean those animals commonly associated with a farm, ranch or stable or
performing work in an agricultural setting. These animals shall include but are not limited to chickens,
ducks, geese, horses, cows, sheep, goats, pigs (including Vietnamese pot-bellied pigs), and llamas.
KENNEL means any place where four or more dogs over the age of six months are kept, owned,
boarded, bred or offered for sale.
OWNER means a person who harbors, feeds, boards, possesses, keeps or has custody of an animal.
PET SHOP means any establishment, whether non-profit or for profit, engaged in the business of
breeding, buying, selling or boarding animals of any species.
VETERINARY HOSPITAL means any establishment maintained and operated by a licensed
veterinarian for the diagnosis and treatment of diseases and injuries of animals.
(B) Animal licensing/Identification. Animals that are permitted in the city are not required to obtain a
license, however all dogs over the age of six months shall have an identification tag affixed to a collar
which indicates the owner name, address and a contact phone number.
(C) Licensing Pet Shops & Kennels. Pet shops and kennels shall require a license from the City. It is
unlawful to operate a kennel in any residentially zoned district. Pet Shops and kennels are permitted in
certain zoning district but require a conditional use permit.
(D) License validity; fees. Licenses shall be issued as follows:
(1) All fees will be established from time to time by ordinance or resolution of the city council.
Licenses may be issued at any time during a license period, provided that the fees set forth in this
section shall be prorated on the basis of the number of months remaining in any such period.
However the minimum fee shall be no less than the licensing fee for a six month period. For this
purpose fifteen days or more shall be construed a full month. Application for license shall be
filed on the appropriate forms provided by the city.
(2) Kennel licenses. No kennel license may be issued or renewed unless the applicant has a valid
conditional use permit for the facility.
(3) The commencement and ending period of licenses shall be set out in the ordinance or resolution
that establishes fees for such license. Licenses shall be valid for a period of two years.
(E) Unlawful acts.
(1) It is unlawful for any animal to defecate on public property or the private property of another,
without the owner or person in control of the animal immediately removing the excrement and
disposing of it in a sanitary manner.
(2) It is unlawful for any animal to be in or upon any city park, street, sidewalk or trail property
unless owner or person in control of the animal restrains it by a leash or the animal is housed in a
71tğŭĻ
portable crate or kennel, and unless the owner or person in control of the animal has a bag or
other receptacle for the collection and proper disposal of the animal's excrement in their
possession.
(3) It is unlawful for any animal to be at large. An owner or person in control of the animal is
responsible under this chapter for any animal that is at large.
(4) It is unlawful to possess more than three dogs, three cats, or three of any other type of animal or
in combination a maximum of four animals over the age of six months to be kept on any property
in the city, except in a location where a licensed pet shop or kennel is allowed or other
exceptions as specifically set forth in this chapter.
(5) It shall be unlawful for any animal to habitually or frequently bark or cry; to frequent school
grounds; to chase vehicles; to molest or disturb any person if such person is not on the property
of the owner or custodian of such animal; or to molest, defile or destroy any property, public or
private. It shall be the obligation and responsibility of the owner or custodian of any animal in
the city to prevent such animal from committing any act which constitutes a nuisance.
(6) It is unlawful for the owner or person in control of the animal to permit such unsanitary
conditions on a premise that the maintenance or keeping of the animal creates danger or odors to
the annoyance of the public in the vicinity. Failure on the part of the owner or custodian to
prevent their animal from committing an act of nuisance shall be a violation of this section.
Exceptions. The provisions of 1 and 2 do not apply to a guide dog accompanying a blind person, a
service dog accompanying a disabled person, or a dog engaged in police or rescue activity.
(F)Seizure of animals.
(1) The Animal Control Officer may seize animals for reasons specified in this chapter. The animal
Control Officer shall immediately seize any potentially dangerous animal or dangerous animal if:
(a) The animals is not validly registered, the owner does not secure proper liability coverage,
or the animal is not sterilized within 14 days after the owner is provided notice of the
animalÓs designation; or
(b) an animal is not otherwise maintained in a manner consistent with an order of the Animal
Control Officer.
(2) If an owner of a dog is convicted of a crime for which the dog was originally seized, the court
may order that the dog be confiscated and destroyed in a proper and humane manner, and that the
owner pay the costs incurred in confiscating, confining, and destroying the dog.
(G) Impoundment; notice to owner; disposition of unclaimed animals. Unrestrained animals may be taken by
any officer and impounded in an animal shelter. Impounded animals shall be kept for not less than five
days unless reclaimed by their owners. If the owner can be identified by registration, identification tag,
or by other means, the Animal Control Officer shall immediately, upon impoundment, notify the owner
by telephone, mail or personal contact of such impoundment. Animals not claimed by their owners
72tğŭĻ
within five days may be humanely disposed of by any person or agency delegated by the city council to
exercise such authority. Any animal which is in the city that has been critically injured may be
immediately and humanely euthanized by an Animal Control Officer or by a veterinarian.
(H) Reclamation; pound fees. Impounded animals may be reclaimed by their owners after payment is made
to the city of a pound fee, in addition to boarding and other costs. All fees in the city will be established
from time to time by ordinance or resolution of the city council, or such expenses as otherwise set by
market rates where establishing fees are not practical.
(I)Alternative to impoundment; proceedings against owner. Notwithstanding other provisions of this
section, if an animal is found at large and its owner can be identified and located, such animal need not
be impounded but may, instead, be taken to the owner. In such case, however, proceedings may be taken
against the owner for violation of this chapter.
(J) Female animals in heat. Every female animal in heat shall be confined in a building or other secure
enclosure, in such a manner that the female animal cannot come into contact with another animal, except
for planned breeding.
(K) Care of and cruelty to animals. No person shall fail to provide any animal with sufficient food and
water, proper shelter and veterinary care when needed. No person shall beat, cruelly treat, torment or
otherwise abuse any animal or cause or permit any dogfight, cockfight, bullfight or other combat
between animals or between animals and humans. No person shall abandon an animal.
(L) Quarantine of biting animals. Any animal which bites a person shall be quarantined for such time as
may be directed by the city. During quarantine the animal shall be securely confined. At the discretion
of the police chief the quarantine may be on the premises of the owner. However, if the police chief
requires other confinement, the owner shall surrender the animal for the quarantine period to an animal
shelter or shall, at his own expense, place it in a veterinary hospital.
(M) Destruction of animals suspected of being rabid. No person shall kill any animal suspected of
being rabid except after the animal has been placed in quarantine and the diagnosis of rabies made by a
licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall
be humanely euthanized.
(N) Enforcement of section. The city council may from time to time appoint such persons as may be
necessary to assist in the enforcement of this section. Such persons shall have limited police powers only
necessary for enforcement of this section, and no person shall interfere or obstruct in the exercise of
such powers. \[Such person may be appointed as a Reserve Officer to the police department for the
purpose carrying out the duties set forth in this section.\]
(O) Interference with Animal Control Officer or police officer. No person shall interfere with, hinder or
molest any Animal Control Officer or police officer in the performance of any duty, or seek to release
any animal in the custody of the Animal Control Officer or police officer except as provided in this
chapter.
73tğŭĻ
§90.02. WILD OR DANGEROUS ANIMALS.
(A) Prohibited species. No person shall harbor, maintain or control any wild, dangerous, or non-
domesticated animal within the city. These shall include, but are not limited to, the following animals:
(1) Any animal which possession is prohibited by state or federal law.
(2) Any non-domesticated animal or species, including but not limited to the following animals:
(a) Any non-human member of the family Primate (i.e., monkey).
(b) Any cat of the family Felidae (i.e., tiger, bobcat), except domesticated cats known as
Felis catus.
(c) Any canine of the family Canidae (i.e., wolf, coyote), except domesticated dogs known as
Canis lupus familaris.
(d) Any canine resulting from crossbreeding with a coyote or wolf.
(e) Any snake of the family Viperidae (i.e., rattlesnake, cobra), or any snake of the family
Boidae (i.e., boa constrictor, python).
(f)Any carnivorous reptile (i.e., alligator, crocodile, gila monster).
(g) Any poisonous or stinging insect (i.e., scorpion).
(h) Any skunk, whether captured in the wild, domestically raised, descented or not
descented, vaccinated against rabies or not vaccinated against rabies.
(i) Any raccoon, opossum, porcupine or badger.
(j) Any bear.
(3) Other animals. Any other animal which by its size, vicious nature or other characteristics which
are inherently dangerous to human beings; any other animal which is commonly considered wild
and not domesticated; or that because of its odors, cries or similar characteristics is not
compatible with urban living.
(4) Any animal, including dogs known as Canis lupus familaris, that meets the definition of a
dangerous animal contained in this chapter and is not otherwise permitted by this chapter.
(B) Licensing Honey Bees. Notwithstanding other provisions of this chapter, a person may keep honey bee
colonies on any premises after first obtaining a license as provided in this subsection. No license shall be
issued except in compliance with this section.
(1) Lot size shall be a minimum of one-half acre,
(2) No more than two honey bee colonies shall be allowed,
(3) Hives shall be setback from property lines a minimum of 25 feet,
(4) Applicant must document at least 16 hours of training in beekeeping, and
(5) The colony shall be maintained in good order and not be a nuisance to any member of the public.
(C) Compliance with section. Anyone keeping or maintaining any animal prohibited by this chapter as of
January 1, 2012, has 30 days in which to comply with the provisions of this section. Extensions beyond
30 days may be granted by the city council in its sole discretion for animals that have been previously
permitted by the city.
74tğŭĻ
§ 90.03. FARM ANIMALS.
(A) Farm animals shall only be kept in an agricultural district of the city or on a residential lot of at least ten
acres in size, and provided that no animal shelter shall be within 300 feet of an adjoining piece of
property. Animal feedlots as defined in MN Rule 7020.03 are prohibited.
(B) Backyard Chickens. Notwithstanding other provisions of this Chapter, a person may keep up to six (6)
female chickens on a parcel that they own that is less than ten acres in size, provided that the owner has
a lot with a minimum of 10,000 square feet, and obtains a backyard chicken permit from the City. No
permit shall be issued except in compliance with this Section.
(1) Definitions.
CHICKEN YARD means a fenced-in area connected to but external to the enclosed run
and coop.
COOP means the structure for the keeping or housing of chickens permitted by the
ordinance.
HEN means a female chicken.
ROOSTER means a male chicken.
RUN means a fully-enclosed and covered area attached to a coop where the chickens can
roam unsupervised.
(2) Any person desiring to obtain a backyard chicken permit under this subdivision must make a
written application to the City Clerk on a form provided by the City and pay an application fee.
Fees to be charged for the permit to keep chickens shall be set by City Council on the fee
schedule. The application must include a scaled diagram or site plan that shows the location of
the chicken coop including the distance of the coop from adjoining structures and property lines
and the coop's dimensions.
(3) All initial permits will expire on December 31st of the following year after their issuance unless
sooner revoked. Renewal permits shall expire on December 31St of the second year following
their issuance unless sooner revoked.
(4) The City may revoke a permit for failure to comply with provisions of this section or any of the
permit's conditions.
(5) The city may inspect the premises for which a permit has been granted in order to ensure
compliance with this subdivision. If the city is not able to obtain the occupant's consent to enter
the property, it may seek an administrative search warrant or revoke the permit.
75tğŭĻ
(6) All chickens must be kept in an enclosed coop or enclosed run. The chicken's living area must be
maintained in a clean and sanitary condition, devoid of all rodents and vermin and free from
objectionable odors. Waste must be disposed of on a weekly basis. Grains and feed must be
stored in rodent and raccoon-proof containers inside of a structure. The enclosed coop must be
built to protect the chickens from extreme heat or cold. The enclosed coop must be maintained in
good condition and be sufficient in strength and size to allow the chickens to move about, but
also able to prevent escape. The enclosed coop must have a minimum size of four square feet per
animal and must not exceed forty (40) square feet in total, with a maximum height of twelve (12)
feet. The enclosed coop must be located in the rear yard and set back at least 25-feet from any
residential dwelling and at least 15-feet from all property lines and may not be located in a utility
or drainage easement.
(7) Enclosed runs shall be attached to the coop. Fencing shall be adequate to keep chickens in and
predators out. The coop and attached run shall be a maximum of 40 square feet each and set
back at least 25 feet from all neighboring residential structures and 15 feet from the property
line.
(8) Chickens must not be raised or kept for the purpose of fighting. No permit will be granted by the
city to keep any chickens within a dwelling or garage, nor on a property which contains two or
more dwelling units. No outdoor butchering of chickens is allowed. No roosters are allowed.
(9) No person shall allow any chicken under his or her ownership or control to violate Chapter 7,
Nuisances.
(10) Persons that intend to no longer keep chickens on their premises shall notify the City. The
coop must be removed upon expiration of the permit.
(11) Dead chickens must be disposed of according to the Minnesota Board of Animal Health
rules which require chicken carcasses to be disposed of as soon as possible after death, usually
within forty-eight (48) to seventy-two (72) hours. Legal forms of chicken carcass disposal
include offsite burial, offsite incineration or rendering, or offsite composting.
(12) A chicken yard shall not exceed five-hundred (500) square feet. It must be completely
enclosed by a fence, the coop, or the run and designed in a manner to contain chickens. The
surrounding enclosure shall have a minimum height of twenty-four (24) inches. Fencing used as
part of the enclosure shall not exceed the maximum fence height as set forth by City ordinance in
Chapter 156.
(13) Chickens may only be present in a chicken yard when under the supervision of a
responsible person.
Ord. 2d #63, adopted 05/08/2013, Ord. 2d #109, adopted 11/13/2020.
§ 90.04. DISEASED ANIMALS-DISEASE CONTROL.
(A) Keeping of diseased animal. No person shall possess an animal which is diseased such that it is a danger
to the health and safety of other persons. Possession of a diseased animal includes but is not limited to
76tğŭĻ
personal possession or possession on oneÓs premises. Only a licensed veterinarian may harbor a diseased
animal for either medical or treatment purposes.
(B) Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the health
and safety of the public may be apprehended and confined as directed by an Animal Control Officer.
The officer shall have a qualified veterinarian examine the animal. If the animal is found to be diseased
in a manner so as to be a danger to the health and safety of the city, the officer shall cause the animal to
be euthanized and shall properly dispose of the remains. Reasonable efforts will be made to notify the
owner or keeper of the animal prior to the euthanasia. The owner will be liable to pay the cost of
maintaining and disposing of the animal, plus the costs of any veterinarian examinations.
(C) Release. If the animal, upon examination, is not found to be diseased within the meaning of this section,
the animal shall be released to the owner upon payment of the costs associated with the examination.
(D) Vaccination of animals. No person shall keep any animal over six months of age within the city limits
without having obtained a certificate from a qualified veterinarian showing the animal has a current
rabies vaccination. The owner may affix a permanent tag to the collar of a dog or cat, which tag shall
show the expiration date of the rabies vaccination. The owner may choose not to put a rabies tag on a
dog or cat but must be able to prove the animal has a current rabies vaccination by presenting a rabies
certificate.
§§ 90.05 THROUGH 90.09 RESERVED FOR FUTURE USE
§ 90.10. DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
(A) Definitions.
(1) DANGEROUS ANIMAL. An animal which has:
(a) Without provocation by a victim, inflicted substantial bodily harm on a human being on
public or private property;
(b) Killed a domestic animal without provocation while off the ownerÓs property; or
(c) Been found to be potentially dangerous, and after the owner has notice that the animal is
potentially dangerous, the animal aggressively bites, attacks or endangers the safety of
humans or domestic animals.
(2) POTENTIALLY DANGEROUS ANIMAL. An animal which has:
(a) When unprovoked by a victim, bites human or domestic animal while on public or
private property.
77tğŭĻ
(b) When unprovoked, chases or approaches a person, including a person on a bicycle, upon
the streets, sidewalks or any public or private property, other than the animal ownerÓs
property, in an apparent attitude of attack; or
(c) Has the known propensity, tendency or disposition to attack while unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals.
(3) PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure
suitable to prevent the animal from escaping and to provide protection for the animal from the
elements. A proper enclosure does not include a porch, patio or any part of a house, garage or
other structure that would allow the animal to exit of its own volition or any house or structure in
which windows are open or in which door or window screens are the only barriers which prevent
the animal from exiting. The enclosure shall not allow the egress of the animal in any manner
without human assistance.
(4) PROVOCATION. ÐProvocationÑ or ÐprovokedÑ means an act that an adult could reasonably
expect may cause an animal to attack or bite. No act by a child that causes an animal attack or
bite is provocation under this ordinance.
(B) Designation as Potentially Dangerous Animal.
The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving
evidence that the animal has committed an act meeting the definition of a Ðpotentially dangerous animal.Ñ
(1) When an animal is declared potentially dangerous, the Animal Control Officer shall order the
immediate imposition of the following conditions:
(a) The owner of an animal designated as potentially dangerous must have a microchip
implanted in the animal for identification, and the name of the microchip manufacturer
and identification number of the microchip must be provided to the Animal Control
Officer. If the microchip is not implanted by the owner, it may be implanted by the
Animal Control Officer. In either case, all costs related to purchase and implantation of
the microchip must be borne by the animalÓs owner.
(b) The owner must provide and maintain a proper enclosure for the potentially dangerous
animal.
(c) If the animal is a dog and is outside the proper enclosure the dog must be muzzled,
restrained by a substantial chain or leash (not to exceed six feet in length), and under the
physical restraint of a person 16 years of age or older. The muzzle must be of a design as
to prevent the dog from biting any person or animal, but will not cause injury to the dog
or interfere with its vision or respiration.
(d) In addition, the owner of an animal declared potentially dangerous shall annually register
the animal with the City and be issued a Certificate of Registration stating that the animal
is potentially dangerous. The owner shall pay the City the current registration fee as
established by ordinance or resolution.
78tğŭĻ
(e) The City may order any additional conditions which it finds just and appropriate to
protect public safety and welfare from the dangerous nature of the animal.
(C) Designation as Dangerous Animal. The Animal Control Officer shall designate any animal as a
dangerous animal upon receiving evidence that the animal has committed an act meeting the definition
of a Ðdangerous animal.Ñ
(1) Authority to Order Destruction. The Animal Control Officer, upon determining that an animal is
dangerous hereunder, is authorized to order the destruction of animal. An order for destruction
can only occur if one or more of the following acts occurred:
(a) The animal is dangerous as demonstrated by vicious attack, an unprovoked attack, an
attack without warning, attack with multiple bites, or multiple attacks, or where more
than one animal participated in the attack; or
(b) The owner of the animal has demonstrated an inability or unwillingness to control the
animal in order to prevent injury to persons or other animals.
(2) Dangerous Animal Registration Requirements. If the Animal Control Officer does not order the
destruction of an animal that has been declared dangerous, an order for the following conditions
shall be immediately imposed:
(a) That the owner provides and maintains a proper enclosure for the dangerous animal;
(b) Post the front and the rear of the premises with clearly visible warning signs, including a
warning symbol to inform children that there is a dangerous animal on the property;
(c) Provide and show proof annually of public liability insurance in the minimum amount of
$300,000.00;
(d) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled,
restrained by a substantial chain or leash (not to exceed six feet in length), and under the
physical restraint of a person 16 years of age or older. The muzzle must be of a design as
to prevent the dog from biting any person or animal, but will not cause injury to the dog
or interfere with its vision or respiration;
(e) The animal must have an easily identifiable, standardized tag, identifying the animal as
dangerous, affixed to its collar at all times;
(f) The owner of an animal designated as dangerous must have a microchip implanted in the
animal for identification, and the name of the microchip manufacturer and identification
number of the microchip must be provided to the Animal Control Officer. If the
microchip is not implanted by the owner, it may be implanted by the Animal Control
Officer. In either case, all costs related to purchase and implantation of the microchip
must be borne by the animalÓs owner;
79tğŭĻ
(g) An owner of a dangerous animal must renew the registration of the animal annually until
the animal is deceased. If the animal is removed from the jurisdiction, it must be
registered as a dangerous animal in its new jurisdiction;
(h) An owner of a dangerous animal shall sterilize the animal at the owner's expense. If the
owner does not have the animal sterilized within 30 days, the animal control authority
shall seize the animal and have it sterilized at the owner's expense; and
(i) The City may order any additional conditions which it finds just and appropriate to
protect public safety and welfare from the dangerous nature of the animal.
(D) Procedure For Animal Designation. The Animal Control Officer, after having made findings,
designations, or issued orders under this ordinance shall proceed as follows.
(1) The Animal Control Officer shall cause one owner of the animal to be notified in writing or in
person of any findings, designations or orders relating to the animal. This notice shall contain a
statement of reasons describing the facts used to make a designation or order by the Animal
Control Officer. The notice shall also describe the ownerÓs right of appeal to the City. Written
notice shall be sent by certified mail to the last known address of the owner as determined by
animal license records or the location of an attack. If no owner can be ascertained, the animal
shall be destroyed.
(2) An owner shall be given fourteen (14) days to appeal a designation or order by requesting a
hearing before the City Council. If no appeal is filed within the requisite time period, the
designation or order issued against the animal will stand and shall remain in effect for the life of
the animal.
(3) If an owner timely files an appeal from a designation or order of the Animal Control Officer, the
hearing shall be held before the City Council which shall set a date for the hearing not more than
three weeks after demand for the hearing. The City Council may delegate this hearing to be
heard before a designated hearing officer. The records of the Animal Control Officer or any
government agency shall be admissible for consideration during the hearing without further
foundation. A copy of these records shall be made available to the owner at least one week
before the hearing. The City shall notify any victim of an attack by the animal of the hearing
date and time.
(4) During the hearing, a finding by the Animal Control Officer shall be presumed correct but is
subject to review. After considering the evidence and statements of the parties, the City Council
or hearing officer shall make findings of fact on issues properly before it on appeal, and may
sustain, modify or rescind a designation or order made by the Animal Control Officer.
(5) Where appropriate to effectuate an order of the Animal Control Officer appealed to the City, the
City Council or hearing officer may order the Animal Control Officer to immediately take the
animal into custody pending the outcome of the appeal. After appeal, if the animal is ordered into
custody for destruction, the owner shall immediately make the animal available to the Animal
Control Officer, and at the owners request and expense, destruction shall be stayed for fourteen
days.
80tğŭĻ
(6) No person shall harbor an animal after it has been found to be dangerous and ordered into
custody for destruction.
(7) The animal owner shall bear all of the costs of these proceedings, board and care for an animal
taken into custody, and other related expenses incurred by the City.
(E) Exemptions to Animal Designation. Animals may not be declared potentially dangerous or dangerous if
the threat, injury, or damage was sustained by a person:
(1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by
the owner of the animal;
(2) Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have
repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or
(3) Who was committing or attempting to commit a crime.
(F) Rental Property - Disclosure Required. A person who owns a potentially dangerous animal or a
dangerous animal, and will reside in rental property must disclose whether such an animal will be kept
on the premises for any period of time. The animal owner must notify the rental property owner that a
designated animal will be kept on the premises and shall also disclose all conditions imposed by the City
related to that designation. This disclosure must occur immediately upon an animal designation imposed
by the City, or before the animal owner enters into a lease or begins residing at such a premises. Proof of
this disclosure must occur before the ownerÓs animal registration with the City will be granted or
renewed.
(G) Stopping an Attack. If any police officer or Animal Control Officer is witness to an attack by an animal
upon a person or another animal, the officer may take whatever means the officer deems appropriate to
bring the attack to an end and prevent further injury to a victim.
(H) Notification of New Address. The owner of an animal which has been identified as dangerous or
potentially dangerous shall notify the Animal Control Officer in writing if the animal dies or is to be
relocated from its current address or given or sold to another person. The notification shall be given in
writing within 30 days of the death or at least 14 days prior to the relocation or transfer of ownership.
The notification shall include the current ownerÓs name and address, the relocation address and the name
of the new owner, if any.
(I)Animals Transported Into The City. No person shall bring into the City an animal which has previously
been declared by another jurisdiction to be dangerous. No person shall bring into the City an animal
which has previously been declared by another jurisdiction to be potentially dangerous, without first
securing a permit from the City to register the animal. The City may seize and destroy, at the ownerÓs
expense, any animal brought into the City in violation of this provision.
(J) Attack By An Animal. It shall be deemed an unlawful act by any animal owner in the event their animal
inflicts or attempts to inflict bodily injury upon any person or other animal. The owner is held strictly
liable for the actions of its animal whether or not the owner is present. This section shall not apply to an
81tğŭĻ
attack by a dog under the control of an on-duty law enforcement officer or to an attack upon an
uninvited intruder who has entered the ownerÓs home.
(K) Dangerous Animal or Potentially Dangerous Animal, Designation Review. In accordance with State
law, beginning six (6) months after an animal is declared a potentially dangerous animal or dangerous
animal; an owner may annually request that the animal control authority review the designation. The
owner must provide evidence that the animal's behavior has changed due to the animal's age, neutering,
environment, completion of obedience training that includes modification of aggressive behavior, or
other factors. If the animal control authority finds sufficient evidence that the animal's behavior has
changed, the authority may rescind designation or modify the conditions of an order imposing
conditions related to a designation. The request shall be considered in the same manner as an appeal
from designation of the Animal Control Officer.
§ 90.11. SUMMARY DESTRUCTION.
Whenever an Animal Control Officer or police officer determines that any animal presents an immediate
threat to the safety of any person, after making reasonable attempt to impound the animal, the officer is hereby
authorized to destroy the animal in the interests of public safety.
§§ 90.12 THROUGH 90.89 RESERVED FOR FUTURE USE
§ 90.90. CIVIL ACTIONS.
In addition to the other remedies and penalties provided in this chapter, city officials, after approval of
the city council, are authorized to file appropriate civil actions for a temporary restraining order, temporary
injunction or permanent injunction against any person violating this section. These civil remedies and penalties
do not bar criminal prosecution.
§ 90.97. APPLICABILITY.
Nothing in this chapter is intended to supersede state law, or the specific requirements found in
Minnesota Chapter 347.50 to 347.56. It is the intention of the city to more precisely regulate dangerous animals.
§ 90.98. PENALTY FOR VIOLATION.
Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor, with two
exceptions:
(A) License violations shall be charged as a petty misdemeanor if the violator has no similar offenses in the
preceding three months.
82tğŭĻ
(B) Provisions of this chapter governing potential dangerous animals and dangerous animals shall be guilty
of a misdemeanor unless otherwise specified as a gross misdemeanor under State law.
§ 90.99. CONTINUING VIOLATIONS.
Each day on which the violation continues shall constitute a separate violation.
/±£ȁΕ£ǾʹΘΗǾ ¬¤£¤£ΔΕȝΕΛȝΕΓΔΔ
83tğŭĻ
CHAPTER91:HEALTHANDSAFETY;NUISANCES
Section
General Provisions
91.01 Purpose
91.02 Definitions
91.03 Public nuisances prohibited
91.04 Public nuisances affecting health
91.05 Public nuisances affecting morals and decency
91.06 Public nuisances affecting peace and safety
91.07 Enforcement
91.08 Abatement
91.09 Prohibited noise
91.10 Targeted Residential Picketing
Open Burning
91.20 Purpose
91.21 Definitions
91.22 Prohibited materials
91.23 Permit required
91.24 Purposes allowed
91.25 Permit application; permit fees
91.26 Permit process
91.27 Permit holder responsibility
91.28 Revocation of open burning permit
91.29 Denial of open burning permit
91.30 Burning ban or air quality alert
91.31 Rules adopted by reference
Cleanup of Clandestine Drug Lab and Chemical Dump Sites
91.45 General provisions
91.46 Definitions
91.47 Declaration as public health nuisance
91.48 Law enforcement action
91.49 Seizure of property
91.50 Action by Building Official or designee
91.51 Site ownerÓs responsibility to act
91.52 Site ownerÓs responsibility for costs
91.53 City action and recovery of costs
91.54 Recovery of costs from persons causing damage
84tğŭĻ
91.55 Site owner and address
91.56 Suspension of residential rental certification
91.57 Unauthorized removal of postings
91.58 Entry into or onto site
91.59 Removal of personal property from the site
91.60 City Council review/right to appeal
91.99 Penalty
GENERAL PROVISIONS
§ 91.01 PURPOSE.
It is the policy of the City of Centerville to ensure the continued health, safety, comfort and repose of the
public, the elimination and abatement of all nuisances within the city. A nuisance, as provided in this chapter,
means a thing, act or use of property that annoys, injures or endangers the health, safety, comfort or welfare of
the public; offends public decency; depreciates the value of the property of the inhabitants of the city; interferes
with the use of or obstructs or tends to obstruct a lake, stream, navigable water, park, sidewalk, street or public
way; or in any manner renders the in habitants of the city insecure in life or use of property. The City Council
finds it shall be the duty of the Office of the City Administrator or its designees to enforce the provisions of this
chapter and to bring about enforcement of violations or lack of compliance with this chapter.
§ 91.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used on driveways,
parking lots, and other surfaces and which does not contain coal tar.
COAL TAR. A byproduct of the process used to refine coal.
ENFORCEMENT OFFICIAL. The Police Department, Zoning Administrator, Building Official, City
Administrator, Public Works Director, Fire Marshal, any licensed peace officer or authorized designee
of the City Council.
NOTICE TO REMOVE. The notice served on a property owner by the City Council or designated city
official, advising the property owner of a code violation and ordering correction of the violation.
PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having
control over the property of another, such as a right-of-way, easement, license or lease.
PUBLIC NUISANCE. A thing, act, occupation or use of property which shall:
85tğŭĻ
(1) Annoy, injure or endanger the safety, health, comfort or repose of the public;
(2) Offend public decency;
(3) Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake,
navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway;
(4) In any way render the public insecure in life or in use of property; or
(5) Any other act or omission declared by law or Minnesota Statues, or any other part of this code to
be a public nuisance.
UNDILUTED COAL TAR-BASED SEALER. A sealer material containing coal tar that has not been
mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces.
Ord. 2d #34, adopted 04/28/2010
§ 91.03 PUBLIC NUISANCES PROHIBITED.
It is unlawful for any person, by his or her act, or intentional failure to perform a legal duty, that creates
or maintains a public nuisance on any premises the person owns or controls within the city.
Penalty, see § 91.99
§ 91.04 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) Carcasses of animals not buried or destroyed within 24 hours after death;
(D) Accumulations of manure, rubbish, refuse or debris;
(E) Privy vaults, garbage (except in authorized containers), garbage cans which are not rodent free
and fly-tight or which are so maintained to constitute a health hazard or to emit foul and
disagreeable odors;
(F) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage,
industrial wastes or other substances, or any illicit discharge as set forth in subsection 51.24;
86tğŭĻ
(G) All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules,
as may be amended from time to time, located on public or private property. The terms WEEDS
and RANK VEGETATION includes, but is not limited to, the following:
(1) Noxious weeds and rank vegetation shall include but not be limited to: alum (alliums),
Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly
Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary
Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle,
Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass,
Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild
Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip;
(2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated,
or otherwise maintained for two consecutive years;
(3) Bushes of the species of tall, common, or European barberry, further known as Berberis
vulgaris or its horticultural varieties;
(4) Any grass, weeds or plants, other than trees, bushes, flowers or other ornamental plants,
growing to a height exceeding eight inches;
(5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial
plants; and
(6) The term WEEDS does not include shrubs, trees, cultivated plants or crops.
(H) All public exposure of persons having a contagious disease;
(I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive
fumes, in the quantities as to render the occupancy of property uncomfortable to a person of
ordinary sensibilities;
(J) Feces left by any domestic pet on public property or the property of another. The owner or
person having the custody or control of the animal shall be responsible for immediately cleaning
up any feces of the animal and disposing of the feces in a sanitary manner; and
(K) All other acts, omissions of acts, occupations and uses of property which are deemed by the city
to be a menace to the health of the inhabitants of the city or any considerable number thereof.
Penalty, see § 91.99
Ord. 2d #55, amended 03/01/2012, Ord. 2d #110, amended 11/13/2020
§ 91.05 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.
The following are hereby declared to be nuisances affecting public morals and decency:
87tğŭĻ
(A) All gambling devices, slot machines and punch boards, except as otherwise authorized by
federal, state or local law;
(B) Betting, bookmaking and all apparatus used in those occupations;
(C) All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses,
houses of ill fame and bawdy houses;
(D) All places where intoxicating liquor or controlled substance are manufactured or disposed of in
violation of law or where, in violation of law, people are permitted to resort for the purpose of
drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or
controlled substances are kept for sale or other disposition in violation of law, and all liquor,
controlled substances, and other property used for maintaining that place; and
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance,
drug paraphernalia containing any amount of residue from a controlled substance or non-
prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose.
Penalty, see § 91.99
Ord. 2d #25, amended 12/10/2008
§ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation
causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all
traffic approaching an intersection;
(C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a
danger to pedestrians or vehicles;
(D) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to
time which are hereby incorporated by reference into this code;
(E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal
combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile or any
recreational device except through a muffler or other device that effectively prevents loud or explosive
noises there from and complies with all applicable state laws and regulations;
(F) The using or operation or permitting the using or operation of any radio receiving set, musical
instrument, phonograph, paging system, machine or other device for producing or reproduction of sound
88tğŭĻ
in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person
nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a
manner so as to be plainly audible at the property line of the structure or building in which it is located,
or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie
evidence of violation of this section;
(G) The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or
repose of the occupants of adjoining or other property;
(H) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public
grounds except under conditions as are permitted by this code or other applicable law;
(I)Radio aerials or television antennae erected or maintained in a dangerous manner;
(J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk
which causes large crowds of people to gather, obstructing traffic and the free use of the street or
sidewalk;
(K) All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to
endanger public safety, or not constructed and maintained as provided by ordinance;
(L) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk
or to flow across any sidewalk;
(M) Any barbed wire fence less than six feet above the ground and within three feet of a public
sidewalk or way;
(N) All dangerous, unguarded machinery in any public place, or so situated or operated on private property
as to attract the public;
(O) Waste water cast upon or permitted to flow upon streets or other public properties;
(P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies
or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank
growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety
hazards from accumulation;
(Q) Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a
hazard to any child or other person coming on the premises where it is located;
(R) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with
trash of other materials;
(S)The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails,
bottles or other substance which may injure any person or animal or damage any pneumatic tire when
passing over the substance;
89tğŭĻ
(T) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(U) All other conditions or things which are likely to cause injury to the person or property of anyone;
(V) Diseased or dangerous conditions of trees as follows:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease
fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles
Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material
from which the bark has not been removed and burned or sprayed with an effective elm bark
beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus
Ceratocystis fagacearum;
(4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a
hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which
has not been stripped of its bark and burned or sprayed with an effective fungicide;
(5) Any other shade tree with an epidemic disease; and
(6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit
therefore from the City Administrator.
(W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement
response within a 30-day period; and
(X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof,
on any property, public or private, unless housed within a lawfully erected building except in a
commercial zone where the use is specifically regulated by a conditional use permit.
(Y) Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based
sealer products within the City.)
(1) No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other
surface within the City of Centerville
(2) No person shall contract with any commercial sealer product applicator, residential or
commercial developer, or any other person for the application of any undiluted coal tar-based
sealer to any driveway, parking lot, or other surface within the City.
(3) No commercial sealer product applicator, residential or commercial developer, or other similar
individual or organization shall direct any employee, independent contractor, volunteer, or other
person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface
within the City.
90tğŭĻ
Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012
Penalty, see § 91.99
§ 91.07 ENFORCEMENT.
(A) (1) The Enforcement Official shall enforce the provisions relating to nuisances.
(2) The enforcement official shall have the authority to inspect private premises and take all
reasonable precautions to prevent the commission and maintenance of public
nuisances.
(3) Except in emergency situations of imminent danger to human life and safety, or when
the owner, resident or other person in control of the property has granted permission,
or when a violation can be seen without entering the property, the Enforcement Official
shall obtain an administrative search warrant to enter private property.
(B) The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding.
§ 91.08 ABATEMENT.
(A) Notice to remove.
(1) When there exists on private property a condition which is in violation of this chapter, a notice to
remove the offensive matter shall be served by the City Council or its agent upon the owner,
agent or occupant.
(2) The notice may be served personally or may be served by mail. In all cases where the owner is
not in the city or cannot be found therein, then notice shall be sent to the last known address.
(3) The notice shall describe the matter to be removed and require the removal thereof within 10
days, including Saturdays, Sundays and holidays.
(B) Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance
has not been terminated or abated, the city shall cause removal and disposition. The person in violation
may, within the ten days following service, file a written appeal disputing the violation or requesting
additional time to comply with the notice to remove. Appeals will be placed on the next available
agenda of the City Council for its consideration.
(C) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process,
from immediately abating any condition that poses an imminent and serious hazard to human life or
safety.
91tğŭĻ
(D) Recovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter,
M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings,
including administrative charges together with interest thereon at the lawful rate permitted under M.S.
Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or
certified by lien as provided in M.S. § 514.67.
§ 91.09 PROHIBITED NOISE.
(A) Prohibitions. The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary
noises, which under certain circumstances and conditions constitute a serious threat to the health,
welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the
environment of the city and the city has a substantial and, in some situations, compelling interest in
controlling this noise.
(1) General prohibition.
(a) No person shall make or cause to be made any distinctly and loudly audible, continuous,
objectionable noise due to intermittence, frequency, beat, shrillness or intensity that
annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or
welfare of any person or precludes his or her enjoyment of property or affects the
propertyÓs value.
(b) This general prohibition is not limited by the specific restriction of the following
divisions.
(2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any
steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile
except through a muffler or other device that effectively prevents loud or explosive noises there
from and complies with all state laws and regulations.
(3) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading,
unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m.
(4) Radios, phonographs, paging systems and the like.
(a) No person shall use or operate or permit the use or operation of any radio receiving set,
musical instrument, phonograph, paging system, machine or other device for the
production or reproduction of sound in a distinct and loudly audible manner.
(b) Operation of any such set, instrument, phonograph, machine or other device between the
hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from
outside the property line of the structure or building in which it is located, in the hallway
or apartment adjacent, or at a distance of 150 feet if the source is located outside a
structure or building shall be prima facie evidence of a violation of this section.
(c) These measurements and decibel readings will be taken per this section.
92tğŭĻ
(5) Participation in noisy parties or gathering.
(a) No person shall participate in any party or other gathering of people giving rise to
continuous noise, disturbing the peace, quiet or repose of another person.
(b) When a police officer determines that a gathering is creating a noise disturbance, the
officer may order all persons present, other than the owner or tenant of the premises
where the disturbance is occurring, to disperse immediately.
(6) Loudspeakers, amplifiers for advertising and the like. No person shall operate or permit the use
or operation of any loudspeaker, sound amplifier or other device for the production or
reproduction of sound on a street or other public place for the purpose of commercial advertising
or attracting the attention of the public to any commercial establishment or vehicle.
(7) Animals. Habitual barking or crying of animals as set forth in Chapter 90.
(B) Hourly restriction on certain operations.
(1) Recreational vehicles. Except as specifically authorized by the city, no person shall, between the
hours of 10:00 p.m. and 7:00 a.m., drive or operate any mini-bike/dirt bike, snowmobile or any
other recreational vehicle not licensed for travel on public highways.
(2) Domestic power equipment. No person shall operate a power lawn mower, hedge clipper, chain
saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment
between the hours of 10:00 p.m. and 7:00 a.m. Snow removal equipment is exempt from this
provision.
(3) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district
between the hours of 10:00 p.m. and 7:00 a.m.
(4) Construction activities. No person shall engage in or permit construction activities involving the
use of hammers or the use of any kind of air-, electric-, diesel- or gas-powered machine or other
power equipment between the hours of 10:00 p.m. and 7:00 a.m.
(C) Enforcement.
(1) Noise impact statements. The Council may require any person applying for a change in zoning
classification or a permit or license for any structure, operation, process, installation or alteration,
or project that may be considered a potential noise source to submit a noise impact statement. It
shall evaluate each statement and take its evaluation into account in approving or disapproving
the license or permit applied for or the zoning change requested.
(2) Noise level table.
(a) The duration of sound hours will follow daylight savings time for both residential and
commercial/industrial districts.
93tğŭĻ
(b) From the first Sunday in April through the third Saturday of October the hours will be
from 7:00 a.m. to 10:00 p.m. and all other dates will adhere to the hours of 7:00 a.m. to
9:00 p.m.
SOUND LEVELS
Duration of Sound/District Daylight Hours: Overnight Hours:
7:00 a.m. - 9:00/10:00 p.m. 9:00/10:00 p.m. - 7:00 a.m.
Residential/Mixed Use:
Less than 10 minutes 80db 70db
Less than 2 hours 75db 65db
More than 2 hours 70db 65db
Commercial/Industrial:
Less than 10 minutes 85db 75db
Less than 2 hours 80db 70db
More than 2 hours 75db 70db
NOTES TO TABLE:
The limits of the most restrictive district shall apply at the boundaries between different land use
designations and Mixed Use categories. The determination of land use shall be by its zoning designation.
(3) Sounds exempt from noise level requirements. Sounds emanating from the operation of motor
vehicles on public highways, aircraft and outdoor implements such as power lawnmowers, snow
blowers, power hedge clippers, power saws, pile drivers, jackhammers and other construction
equipment are exempt from the sound level requirements but shall observe the time restriction
provisions of this division.
(4) Exceptions for special events. The City Council shall have the authority, consistent with this
section, to grant exceptions from the requirements of any division of this section for special
events. Any person seeking an exception shall file an application at City Hall with the
Administrator or his or her designee on a form prescribed by the city. The application shall state
the dates during which the application is proposed, the location of the noise source and time of
operation, the nature of the noise source, reasons why the exception is sought, steps taken to
minimize the noise level and other information as is required by the city.
(a) The city shall, within 30 days from the receipt of the application, approve or deny the
application. The application will be presented to the City Council for consideration and
may be approved only if the City Council finds that full compliance with the
requirements of this section would constitute an unreasonable hardship on the applicant,
on other persons or on the community. In determining whether to grant or deny the
94tğŭĻ
application, the City Council shall balance the hardship to the applicant against the
adverse impact on the health, safety and welfare of the persons affected, the adverse
impact on property affected, and any other adverse effects of granting the variance. The
variance may be granted subject to conditions, including a time limit, which shall be
clearly stated.
(b) If the city finds that sufficient controversy exists regarding the proposed exception to the
provisions of this section, a public hearing will be held on the proposed application at
which all persons affected shall be given an opportunity to be heard.
(5) Exception for emergency work. Noise created exclusively in the performance of emergency
work to preserve the public health, safety or welfare, or in the performance of emergency work
necessary to restore a public service or eliminate a public hazard shall be exempt from the
provisions of this section for a period not to exceed 24 hours after the work is commenced.
Persons responsible for the work shall inform the Police Department, Building Inspector and
City Administrator of the need to initiate the work or, if the work is commenced during non-
business hours of the city, at the beginning of business hours of the first business day thereafter.
Any person responsible for this emergency work shall take all reasonable actions to minimize the
amount of noise.
Penalty, see § 91.99
Ord. #49, adopted 01/10/1990, Ord. amended 05/22/2002, Ord. amended 12/10/2003, Ord. 2d #25, amended
12/10/2008
§ 91.10 TARGETED RESIDENTIAL PICKETING
(A) Definitions. For the purpose of this section, the term "targeted residential picketing" means:
(1) Marching, standing, or patrolling by one or more persons directed solely at a particular
residential building in a manner that adversely affects the safety, security, or privacy of an
occupant of the building; or
(2) Marching, standing, or patrolling by one or more persons which prevents an occupant of a
residential building from gaining access to or exiting from the property on which the residential
building is located; or
(3) Standing, marching, patrolling or picketing by one or more persons focused in front of or
adjacent to a particular residential dwelling without the consent of that dwelling's occupants.
(B) Purpose. The city has an interest in the protection of residential privacy, the wellbeing and tranquility of
the home, and protecting citizens from unwanted speech when they are a captive audience within their
homes. The city council finds that, without resorting to targeted residential picketing, ample
opportunities exist for those otherwise engaged in targeted residential picketing to exercise
constitutionally protected freedoms of speech and expression.
(C) Prohibited Activity. No person shall engage in targeted residential picketing within the City.
95tğŭĻ
(D) Violation / Penalty. Every person convicted of a violation of any provision of this Ordinance shall be
guilty of a misdemeanor.
(E) Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be
invalid by any court of competent jurisdiction, such decision shall not affect the validity of the
Ordinance as a whole, or of any part thereof, other than the part held to be invalid.
Ord. #112, adopted 02/24/2021
OPEN BURNING
§ 91.20 PURPOSE.
The purpose of this subchapter is to establish permitted categories of open burn events for residences
and farms within the city and provide for a permitting process for residential and agricultural open burning,
except when the open burning is defined as a recreational fire as prescribed in this subchapter.
Ord. #36A, adopted 08/10/1994
§ 91.21 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
FIRE CHIEF, FIRE MARSHAL and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire Marshal
and Assistant Fire Marshals of the Centennial Fire District which provides fire protection services to the
city through a joint powers agreement.
OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly
to the atmosphere without passing through a stack, duct or chimney, except a recreational fire as defined
herein.
RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in height,
contained within the border of a recreational fire site using dry, clean wood; producing little detectable
smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for
recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting
the occasion; and respecting weather conditions, neighbors, burning bans and air quality so that
nuisance, health or safety hazards will not be created. Mobile cooking devices such as manufactured
hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as
RECREATIONAL FIRES. No more than one RECREATIONAL FIRE is allowed on any property at
one time.
RECREATIONAL FIRE SITE. An area of no more than a three-foot diameter circle (measured from
the inside of the fire ring or border); completely surrounded by noncombustible and nonsmoke-
96tğŭĻ
producing or odor-producing material, either of natural rock, cement, brick, tile or blocks or ferrous
metal only, and which area is depressed below ground, on the ground or on a raised bed. Included are
permanent outdoor wood-burning fireplaces. Burning barrels are not a RECREATIONAL FIRE SITE
as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet to any
structure.
STARTER FUELS.
(A) Dry, untreated, unpainted kindling, branches, cardboard or charcoal fire starter.
(B) Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only.
(C) Propane gas torches or other clean gas-burning devices causing minimal pollution must be used
to start an open burn.
WOOD.
(A) Dry, clean fuel only such as twigs, branches, limbs, Ðpresto logs,Ñ charcoal, cord wood or
untreated dimensional lumber.
(B) The term does not include wood that is green with leaves or treated with paint, glue or
preservatives.
(C) Clean pallets may be used for recreational fires when cut into three-foot lengths.
Ord. #36A, adopted 08/10/1994
§ 91.22 PROHIBITED MATERIALS.
(A) No person shall conduct, cause or permit open burning of oils, petro fuels, rubber, plastics, chemically
treated materials or other materials which produce excessive or noxious smoke such as tires, railroad
ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board,
sheetrock, wiring, paint or paint fillers.
(B) No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, open
burning of solid waste generated from an industrial or manufacturing process or from a service or
commercial establishment or building material generated from demolition of commercial or institutional
structures.
(C) No person shall conduct, cause or permit open burning of discarded material resulting from the
handling, processing, storage, preparation, serving or consumption of food.
(D) No person shall conduct, cause or permit open burning of any leaves or grass clippings.
Penalty, see § 91.99
97tğŭĻ
Ord. #36A, adopted 08/10/1994
§ 91.23 PERMIT REQUIRED.
No person shall start or allow any open burning on any property in the city without first having obtained
an open burn permit, except that a permit is not required for any fire which is a recreational fire as defined in
this chapter.
Penalty, see § 91.99
Ord. #36A, adopted 08/10/1994
§ 91.24 PURPOSES ALLOWED.
(A) Open burn permits may be issued only for the following purposes:
(1) Elimination of fire of health hazard that cannot be abated by other practical means;
(2) Ground thawing for utility repair and construction;
(3) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the
development and maintenance of land and rights-of-way where chipping, composting, land
spreading or other alternative methods are not practical;
(4) Disposal of diseased trees generated on-site, diseased or infected nursery stock, diseased bee
hives; and
(5) Disposal of unpainted, untreated, nonglued lumber and wood shakes generated from
construction, where recycling, reuse, removal or other alternative disposal methods are not
practical.
(B) Fire training permits can only be issued by the Minnesota Department of Natural Resources.
Penalty, see § 91.99
Ord. #36A, adopted 08/10/1994
§ 91.25 PERMIT APPLICATION; PERMIT FEES.
(A) Open burning permits shall be obtained by making application on a form prescribed by the Department
of Natural Resources (DNR) and adopted by the Centennial Fire District. The permit application shall
be presented to the Fire Chief, Fire Marshal and Assistant Fire Marshals for reviewing and processing
the applications.
98tğŭĻ
(B) An open burning permit shall require a fee. Permit fees shall be set annually by City Council resolution.
However, the City Council may at other times amend its resolution setting the fee as it deems necessary.
The fee established by City Council resolution shall continue to be the required fee until amended by a
resolution.
Penalty, see § 91.99
Ord. #36A, adopted 08/10/1994
§ 91.26 PERMIT PROCESS.
Upon receipt of the completed open burning permit application and permit fee, the Fire Chief, Fire
Marshal or Assistant Fire Marshals shall schedule a preliminary site inspection to locate the proposed burn site,
note special conditions, and set dates and time of permitted burn and review fire safety considerations.
Ord. #36A, adopted 08/10/1994
§ 91.27 PERMIT HOLDER RESPONSIBILITY.
(A) Prior to starting an open burn, the permit holder shall be responsible for confirming that no burning ban
or air quality alert is in effect. Every open burn event shall be constantly attended by the permit holder
or his or her competent representative. The open burning site shall have available, appropriate
communication and fire suppression equipment as set out in the fire safety plan.
(B) (1) The open burn fire shall be completely extinguished before the permit holder or his or
her representative leaves the site.
(2) No fire may be allowed to smolder with no person present.
(3) It is the responsibility of the permit holder to have a valid permit, as required by this
subchapter, available for inspection on the site by the Police Department, Centennial
Fire District, MPCA representative or DNR forest officer.
(C) (1) The permit holder is responsible for compliance and implementation of all general
conditions, special conditions, and the burn event safety plan as established in the
permit issued.
(2) The permit holder shall be responsible for all costs incurred as a result of the burn,
including but not limited to fire suppression and administrative fees.
Penalty, see § 91.99
Ord. #36A, adopted 08/10/1994
99tğŭĻ
§ 91.28 REVOCATION OF OPEN BURNING PERMIT.
(A) The open burning permit is subject to revocation at the discretion of DNR forest officer, the Fire Chief,
Fire Marshal, or Assistant Fire Marshals.
(B) Reasons for revocation include but are not limited to a fire hazard existing or developing during the
course of the burn, any of the conditions of the permit being violated during the course of the burn,
pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no
flame present.
Penalty, see § 91.99
Ord. #36A, adopted 08/10/1994
§ 91.29 DENIAL OF OPEN BURNING PERMIT.
If established criteria for the issuance of an open burning permit are not met during review of the
application, it is determined that a practical alternative method for disposal of the material exists, or a pollution
or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of the Fire
Chief, Fire Marshal or Assistant Fire Marshals, these officers may deny the application for the open burn
permit.
Ord. #36A, adopted 08/10/1994
§ 91.30 BURNING BAN OR AIR QUALITY ALERT.
No recreational fire or open burn will be permitted when the city or DNR has officially declared a
burning ban due to potential hazardous fire conditions or when the MPCA has declared an air quality alert.
Penalty, see § 91.99
Ord. #36A, adopted 08/10/1994
§ 91.31 RULES ADOPTED BY REFERENCE.
The provisions of M.S. §§ 88.16 to 88.22, as amended, and the Minnesota Uniform Fire Code are hereby
adopted by reference and made a part of this subchapter as if fully set forth at this point.
Ord. #36A, adopted 08/10/1994
CLEANUP OF CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES
100tğŭĻ
§ 91.45 GENERAL PROVISIONS.
(A) Purpose and intent. The purpose of this subchapter is to reduce public exposure to health risks where
law enforcement officers have determined that hazardous chemicals or residue from a suspected
clandestine drug lab site or associated dump site may exist. Professional reports, based on assessments,
testing and investigations, show that chemicals used in the production of illicit drugs can condense,
penetrate and contaminate surfaces, furnishings and equipment of surrounding structures. The City
Council finds that these sites, and the personal property within the sites, may contain suspected
chemicals and residues that place people, particularly children or adults of childbearing age, at risk when
exposed through inhabiting or visiting the site or using or being exposed to contaminated personal
property.
(B) Interpretation and application.
(1) In the interpretation and application of this subchapter, the provisions herein shall be construed
to protect the public health, safety and welfare.
(2) Where the conditions imposed by any provision of this subchapter are either more or less
restrictive to the public than comparable provisions imposed by any other law, ordinance, statute
or regulation of any kind, the regulations which are more restrictive or which impose higher
standards or requirements on the public shall prevail.
(C) Fees. Fees for the administration of this subchapter may be established and amended periodically by
resolution of the City Council.
Ord. #77, adopted 12/10/2003
§ 91.46 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CHEMICAL DUMP SITE. Any place or area where chemicals or other waste materials used in a
clandestine drub lab operation have been located.
CHILD. Any person less than 18 years of age.
CITY. The City of Centerville.
CLANDESTINE DRUG LAB OPERATION. The unlawful manufacture or attempt to manufacture a
controlled substance.
CLANDESTINE DRUG LAB SITES/WASTES/SUBSTANCES.
101tğŭĻ
(1) Any place or area where law enforcement has determined that conditions associated with the
operation of an unlawful clandestine drug lab exist.
(2) A CLANDESTINE DRUG LAB SITE may include dwellings, accessory buildings, accessory
structures, a chemical dumpsite, any land or personal property which may include vehicle(s),
boat(s), trailer(s) and the like.
(3) WASTES generated from a clandestine drug lab shall be treated, stored, transported or disposed
of in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control
and Anoka County Health Department rules and regulations.
CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor in M.S. § 152.02
Schedules I through V, as amended, together with any amendments or modifications thereto. The term
shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
MANUFACTURE (in places other than a pharmacy). Means and includes the production, cultivation,
quality control and standardization, by mechanical, physical, chemical or pharmaceutical means, and the
packing, repacking, tableting, encapsulating, labeling, relabeling or filling or by other process of drugs.
OWNER. Any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part,
the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab
site or chemical dump site.
PUBLIC HEALTH NUISANCE. All dwellings, accessory structures and buildings or adjacent
property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are
considered a public health nuisance pursuant to M.S. §§ 463.15 et seq.; 463.15 et seq.; 412.221 et seq.;
and 145A.01 et seq., as they may be amended from time to time.
Ord. #77, adopted 12/10/2003
§ 91.47 DECLARATION AS PUBLIC HEALTH NUISANCE.
All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent
property or other locations associated with a clandestine drug lab site or chemical dump site are potentially
unsafe due to health hazards and are hereby declared to be a public health nuisance pursuant to M.S. §§ 463.15
et seq.; 463.15 et seq.; 412.221 et seq.; and 145A.01 et seq., as they may be amended from time to time.
Penalty, see § 91.99
Ord. #77, adopted 12/10/2003
§ 91.48 LAW ENFORCEMENT ACTION.
(A) If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump
site, the site and all personal property therein shall be declared a public health nuisance.
102tğŭĻ
(B) Law enforcement authorities who identify conditions associated with a clandestine drug lab site or
chemical dumpsite which may place neighbors, the visiting public or present and future occupants of the
site at risk for exposure to harmful contaminants and other associated conditions are authorized to take
the following action:
(1) Promptly notify the State Duty Officer, Chemical Assessment Team (CAT), crime lab, City
Building Official or designee, child protection, public health authorities and the appropriate
enforcement division of the drug enforcement administration of the U.S. Justice Department of
the location of the site, local law enforcement officials, and the owner if known, of the
conditions found;
(2) Treat, store, transport or dispose of all wastes/substances generated from a clandestine drug lab
operation found at the site in a manner consistent with Minnesota Department of Health,
Minnesota Pollution Control and Anoka County Health Department rules and regulations;
(3) Public Health Officials may issue a temporary declaration of public health nuisance for the
affected site and post a copy of the declaration on all doorway entrances to the site or, in the case
of bare land, post the declaration in several conspicuous places on the property. This temporary
declaration of public health nuisance shall expire subsequent to the same authority and the City
Building Official or designee inspecting the site and determining the appropriateness of issuing a
permanent declaration of public health nuisance;
(4) The Chemical Assessment Team (CAT) and crime lab will notify all persons occupying the site
that a temporary declaration of public health nuisance has been issued;
(5) Require all persons occupying the site to immediately vacate the site, remove all pets from the
site, and not return without written authorization from the City Building Official or designee;
(6) Notify all occupants vacating the site that all personal property at the site may be contaminated
with dangerous chemical residue; and
(7) Public Health Official or City Building Official or designee may put locks on each doorway
entrance to the site to prohibit people from entering the site without authorization after all
occupants of the site have vacated.
(C) The obligation to promptly notify the persons and organizations mentioned above may be delayed to
accomplish appropriate law enforcement objectives, but only to the extent that public health and child
protection responsibilities are not unnecessarily compromised.
Ord. #77, adopted 12/10/2003
§ 91.49 SEIZURE OF PROPERTY.
When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer or other form
of moveable personal property, law enforcement authorities, upon the direction of the Duty Officer, Chemical
103tğŭĻ
Assessment Team (CAT) and crime lab, shall immediately seize it and not allow it to be transported except to a
more secure location. In those circumstances, all other requirements of this subchapter shall be followed as
closely as possible given the specific type of property in which the site is discovered.
Ord. #77, adopted 12/10/2003
§ 91.50 ACTION BY BUILDING OFFICIAL OR DESIGNEE.
(A) Inspection and declaration of nuisance. Within 48 hours of notification that law enforcement authorities
have determined the existence of a clandestine drug lab site or chemical dump site, the City Building
Official or designee shall inspect the site to determine the appropriate scope of a permanent declaration
of public health nuisance. Based on the results of the inspection, the City Building Official or designee
may then promptly issue a permanent declaration of public health nuisance and a ÐDo Not EnterÎUnsafe
to OccupyÑ order for the affected site to replace the temporary declaration issued and posted by law
enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to
the site or, in the case of bare land, shall be posted in several conspicuous places on the property.
(B) Abatement order. After a permanent declaration of public health nuisance has been issued and posted,
the City Building Official or designee shall send written notice to the site owner ordering abatement of
the public health nuisance. The abatement order shall include the following information:
(1) A copy of the declaration of public health nuisance and ÐDo Not EnterÎUnsafe to OccupyÑ
order;
(2) Information about the potentially hazardous condition of the site;
(3) Notification of suspension of the siteÓs rental license, if applicable;
(4) A summary of the site ownerÓs and occupantÓs responsibilities under this subchapter; and
(5) Information that may help the owner locate appropriate services necessary to abate the public
health nuisance.
(C) Notice to concerned parties. The Building Official or designee shall also mail a copy of the permanent
declaration of public health nuisance, a copy of this subchapter, and a notification of the suspension of
the siteÓs rental licensees, if applicable, to the following concerned parties at their last known address:
(1) Occupants or residents of the site if the identities of those persons are known;
(2) Neighbors in proximity to the site who may be reasonably affected by the conditions found;
(3) The City Administrator;
(4) The Community Development Director;
(5) The City Police Department;
104tğŭĻ
(6) The City Fire Department;
(7) The appropriate enforcement division of the Drug Enforcement Administration of the U.S.
Justice Department; and
(8) Other city, state and local authorities, such as the City Water Department, the Minnesota
Pollution Control Agency, the Department of Natural Resources and any other agency or
authority which is known to have public and protection responsibilities that are applicable to the
situation.
(D) Modification or removal of declaration. The City Building Official or designee is authorized to modify
or remove the declaration of public health nuisance after the Building Official or designee receives
documentation from a city-approved environmental hazard testing and cleaning firm, stating that the
suspected health and safety risks, including those of neighbors and potential dwelling occupants, either
do not exist or have been sufficiently abated or corrected to justify amendment or removal of the
declaration.
Ord. #77, adopted 12/10/2003
£ 91.51 SITE OWNERÓS RESPONSIBILITY TO ACT.
(A) Within ten business days of the date the abatement order is mailed to the owner of the site, the owner
shall accomplish the following:
(1) Provide the City Building Official or designee, City Administrator and City Attorney with
written notification:
(a) That the owner has confirmed that all persons and their pets have vacated the site;
(b) Of the name(s) of all children who the owner believes were residing at the site during the
time period the clandestine drug lab or chemical dump site is suspected to have been at
the site; and
(c) That the site will remain vacated and secured until the public health nuisance is
completely abated as required by this subchapter.
(2) Contract with one or more city-approved environmental hazard testing and cleaning firms to
conduct the following work in accordance with the most current Minnesota Department of
Health guidelines:
(a) A detailed on-site assessment of the extent of contamination at the site and the
contamination of the personal property therein;
105tğŭĻ
(b) Soil testing of the site and testing of all property and soil in proximity to the site which
the environmental hazard testing and cleaning firm determines may have been affected by
the conditions found at the site;
(c) A complete cleanup of the site (including but not limited to the cleanup or removal of
plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site
and complete cleanup of the demolished site;
(d) A complete cleanup, or disposal at an approved dump site, of all personal property in the
site;
(e) A complete cleanup of all property and soil in proximity to the site which is found to
have been affected by the conditions found at the site; and
(f) Remediation testing and follow-up testing, including but not limited to testing of the
ventilation system and plumbing, to determine that all health risks are sufficiently
reduced, according to Minnesota Department of Health guidelines, to allow safe human
occupancy and use of the site and use of the personal property therein and of all property
and soil in proximity to the site.
(3) Provide the City Building Official or designee with the identity of the testing and cleaning firm
with which the owner has contracted for abatement of the public health nuisance as required
above; and
(4) Sign an agreement with the City Building Official or designee establishing a cleanup schedule.
The schedule shall establish reasonable deadlines for completing all actions required by this
subchapter for abatement of the public health nuisance. In determining appropriate deadlines,
the City Building Official or designee shall consider practical limitations and the availability of
contractors in approving the schedule for cleanup.
(B) The site owner must meet all deadlines established on the cleanup schedule. Also, pursuant to the
deadlines established by the cleanup schedule, the site owner is required to provide the City Building
Official or designee with written documentation of the cleanup process, including a signed statement
from a city-approved environmental hazard testing and cleaning firm that the site, all personal property
therein and all property and soil in proximity to the site, is safe for human occupancy and use and that
the cleanup was conducted in accordance with the most current Minnesota Department of Health
guidelines.
Penalty, see § 91.99
Ord. #77, adopted 12/10/2003
£ 91.52 SITE OWNERÓS RESPONSIBILITY FOR COSTS.
106tğŭĻ
(A) The site owner shall be responsible for all costs, including those of the city, of dealing with and abating
the public health nuisance, including contractorÓs fees and the cityÓs costs for services performed in
association with the clandestine drug lab site or chemical dump site cleanup.
(B) The cityÓs cost may also include but shall not be limited to:
(1) Posting of the site;
(2) Notification of affected parties;
(3) Securing the site, providing limited access to the site and prosecution of unauthorized
persons found at the site;
(4) related to the recovery of costs, including the assessment process;
(5) Laboratory fees;
(6) Clean up services;
(7) Administrative fees;
(8) Legal fees; and
(9) Other associated costs.
Penalty, see § 91.99
Ord. #77, adopted 12/10/2003
§ 91.53 CITY ACTION AND RECOVERY OF COSTS.
(A) (1) If the building owner fails to comply with any of the requirements of this subchapter, the
City Building Official or designee is authorized to take all reasonable actions necessary
to abate the public health nuisance, including but not limited to contracting with a city-
approved environmental hazard testing and cleaning firm to conduct the work outlined in
§ 91.51.
(2) (a) The Building Official or designee is also authorized to provide a certified copy of
the declaration of public health nuisance to the lien and/or mortgage holder(s), insurance
company(ies) and the office of the Anoka County Recorder or Registrar of Titles of the
affected site to help assure that persons with interest in the site have access to information
about the declaration of public health nuisance.
(b) Upon abatement of the nuisance as required herein, the Building Official or
designee shall cause a notice of successful abatement and removal of the declaration of
public health nuisance.
107tğŭĻ
(B) (1) If the costs to clean the site or to clean the personal property at the site are prohibitively
high in relation to the value of the site or the personal property, the city is authorized to
remove or demolish the site, structure or building and/or dispose of the personal property
therein.
(2) These actions shall be taken in accordance with the provisions of M.S. Chapter 463, as
amended, together with any amendments or modifications thereto.
(C) (1) If the city abates or assists in abating the public health nuisance, in addition to any other
legal remedy, the city shall be entitled to recover all of its out-of-pocket costs as set forth
in this chapter, and an additional 25 percent of the costs for administrative and legal
expenses.
(2) The city may recover costs by civil action against the owner of the site or by assessing
the costs as a special charge against the site as taxes and special assessments are certified
and collected pursuant to M.S. § 429.101 or according to the provisions of M.S. Chapter
463, as amended, together with any amendments or modifications thereto.
(D) Nothing herein shall limit the authority of the city to enforce this subchapter or seek any other legal
remedy to abate the nuisance through declaratory action, injunction and nuisance declaration or
otherwise.
Ord. #77, adopted 12/10/2003
§ 91.54 RECOVERY OF COSTS FROM PERSONS CAUSING DAMAGE.
No provisions of this subchapter are intended to limit the site ownerÓs, residentsÓ or the cityÓs right to
recover costs incurred under this subchapter from either the persons contributing to the public health nuisance,
such as the operators of the clandestine drug lab and/or from other lawful sources.
Ord. #77, adopted 12/10/2003
§ 91.55 SITE OWNER AND ADDRESS.
(A) When the site is real property and the owner or the address of the owner of the site is unknown, the
owner and the ownerÓs address is deemed to be that of the propertyÓs taxpayerÓs name and address as
that information is maintained by the County AuditorÓs office.
(B) When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is
unknown, the owner and the ownerÓs address is deemed to be that of the person on file as the owner on
the current or most recent title to the vehicle, boat or trailer.
Ord. #77, adopted 12/10/2003
108tğŭĻ
§ 91.56 SUSPENSION OF RESIDENTIAL RENTAL CERTIFICATION.
Upon issuance of a permanent declaration of public health nuisance, any residential rental certificate or
license issued by the city for the site, or any part thereof, is hereby declared to be immediately suspended
pending full compliance with this subchapter.
Ord. #77, adopted 12/10/2003
§ 91.57 UNAUTHORIZED REMOVAL OF POSTINGS.
It is unlawful for any person, except authorized city personnel or Public Health Officials, to remove
postings designating a temporary or permanent declaration of public health nuisance and/or ÐDo Not EnterÎ
Unsafe to OccupyÑ order from a chemical dump site or a clandestine drug lab site.
Penalty, see § 91.99
Ord. #77, adopted 12/10/2003
§ 91.58 ENTRY INTO OR ONTO SITE.
(A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the
site, no persons are permitted to be inside the site, or on the site property without prior written consent
of the City Building Official or designee or as otherwise authorized by this subchapter.
(B) To confirm compliance with this subchapter and to execute their duties under this subchapter, law
enforcement officers, the City Building Official or designee, and any persons designated by the Building
Official or designee may enter onto the site property or enter into the site at any time while a declaration
of public health nuisance is in effect for the site.
Penalty, see § 91.99
Ord. #77, adopted 12/10/2003
§ 91.59 REMOVAL OF PERSONAL PROPERTY FROM THE SITE.
(A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the
site, no personal property may be removed from the site without prior written consent from the City
Building Official or designee.
(B) Consent to remove personal property shall only be granted at the reasonable discretion of the Building
Official or designee, and only in cases of hardship after:
109tğŭĻ
(1) A city-approved environmental hazard testing and cleaning firm has advised the city, in writing,
that the item(s) of personal property can be sufficiently cleaned to remove all harmful
contamination; and
(2) The owner of the personal property agrees in writing:
(a) That the owner is aware of the danger of using the contaminated property;
(b) That the owner will thoroughly clean the property to remove all contamination prior to
the use of the property; and
(c) That the owner releases and agrees to indemnify the city, its staff and the City Council
from all liability to the owner and/or third persons for injuries or damages caused, or
alleged to have been caused, by the contaminated property
Ord. #77, adopted 12/10/2003
§ 91.60 CITY COUNCIL REVIEW/RIGHT TO APPEAL.
The owner of the property or any party with a legal interest in the property who has been issued a
declaration of public health nuisance, an order for abatement, or a statement of public costs may appeal to the
City Council. The appeal shall be in writing, filed with the Administrator and Anoka County Community
Health and Environmental Services, specifying the grounds for the appeal and the relief requested. The appeal
must be filed within ten days of the issuance of the item from which appeal is taken. The City Council shall
hear the appeal at the next available City Council meeting. Upon review, the City Council may affirm, modify
or reverse the action taken. The filing of an appeal shall suspend the terms of the declaration of public health
nuisance, order for abatement or statement of public costs, whichever is applicable. However, in the instance of
an appeal from an order for abatement, the appeal shall not suspend that part of the order prohibiting occupancy
of the property.
Ord. #77, adopted 12/10/2003
§ 91.99 PENALTY.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
110tğŭĻ
CHAPTER92:PARKSANDRECREATION
Section
General Provisions
92.01 Definitions
92.02 Removing, defacing or destroying property
92.03 Erection of structures
92.04 Littering
92.05 Alcoholic beverages; intoxication
92.06 Vehicle traffic
92.07 Hours
92.08 Overnight parking or occupancy
92.09 Open fires prohibited
92.10 Washing of vehicles
92.11 Discharge and possession of firearms
92.12 Posting signs and placards
92.13 Riding of horses and other animals
92.14 Unattended animals
92.15 Language, conduct and attire
92.16 Climbing of trees and on buildings
92.17 Fireworks
92.18 Swimming
92.19 Fishing
92.20 Boat launching
92.21 Shoreline protection
Administration and Enforcement
92.30 Variances
92.31 City personnel
Peltier Lake
92.45 Purpose, intent and application
92.46 Definitions
92.47 Surface zoning by restricting speeds and areas of activity
92.48 Enforcement
92.49 Exceptions
92.50 Notification
111tğŭĻ
GENERAL PROVISIONS
§ 92.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
FIREARM. Any rifle, shotgun, pistol, B-B gun, pellet gun, slingshot, air rifle and bow and arrow.
PUBLIC PARKS AND GROUNDS. Any real property owned or leased by the city.
VEHICLE. Any vehicle or conveyance, whether motor-powered, animal-drawn or self-propelled.
Ord. #41, adopted 10/12/1983
§ 92.02 REMOVING, DEFACING OR DESTROYING PROPERTY.
No person shall remove, deface, destroy, diminish or impair the value of public property located on or
within any public park or public grounds.
Ord. #41, adopted 10/12/1983
§ 92.03 ERECTION OF STRUCTURES.
No person shall erect any tent or structure, whether permanent or temporary, or run any public service
utility, upon or across any public park or public grounds.
Ord. #41, adopted 10/12/1983
§ 92.04 LITTERING.
(A) No person shall litter or cast or allow to remain any rubbish or trash of any kind or nature in or about
any public park or public grounds.
(B) No person shall bring glass containers into any designated park land in the city.
Ord. #41, adopted 10/12/1983, Ord. amended 08/14/1985
§ 92.05 ALCOHOLIC BEVERAGES; INTOXICATION.
112tğŭĻ
No person shall possess, display, consume or use intoxicating liquor or 3.2 percent malt liquor in any
public park or public grounds.
Ord. #41, adopted 10/12/1983
§ 92.06 VEHICLE TRAFFIC.
Vehicles shall be driven or parked only in designated areas on any public park or public grounds and
shall be driven therein at a maximum speed of five mph.
Ord. #41, adopted 10/12/1983
§ 92.07 HOURS.
No persons, except authorized city personnel, shall enter or be on the grounds of any public park or
public grounds between the hours of 10:00 p.m. and 7:00 a.m., or during those hours specifically posted by the
city.
Ord. #41, adopted 10/12/1983, Ord. 2d #25, amended 12/10/2008
§ 92.08 OVERNIGHT PARKING OR OCCUPANCY.
Overnight parking or occupancy within any public park or public grounds is prohibited.
Ord. #41, adopted 10/12/1983
§ 92.09 OPEN FIRES PROHIBITED.
No person shall build a fire in any place in any public park or public grounds, at any time, except in
fireplaces or receptacles provided therein by the city.
Ord. #41, adopted 10/12/1983
§ 92.10 WASHING OF VEHICLES.
No person shall wash any vehicle in any public park or on public grounds.
Ord. #41, adopted 10/12/1983
113tğŭĻ
§ 92.11 DISCHARGE AND POSSESSION OF FIREARMS.
No person, except law officers in the discharge of their duties, shall discharge any firearm in any public
park or on any public grounds at any time. No person shall possess a dangerous weapon or firearm in any public
park or on any public grounds unless licensed by a State or the Federal government authorizing possession of a
firearm in a public place.
Ord. #41, adopted 10/12/1983, Ord. 2d #25, amended 12/10/2008
§ 92.12 POSTING SIGNS AND PLACARDS.
No person shall post any sign, placard, advertisement or inscription on any public park or public
grounds.
Ord. #41, adopted 10/12/1983
§ 92.13 RIDING OF HORSES AND OTHER ANIMALS.
No person shall ride a horse or any other animal on any public park or public grounds except on
designated trails or paths.
Ord. #41, adopted 10/12/1983
§ 92.14 UNATTENDED ANIMALS.
No person shall allow any animal of any sort to go unattended or without physical restraint in any public
park or public grounds.
Ord. #41, adopted 10/12/1983
§ 92.15 LANGUAGE, CONDUCT AND ATTIRE.
No person shall use abusive, boisterous or obscene language or engage in any abusive, boisterous or
obscene behavior in any public grounds. No person shall place or carry any abusive or obscene placard or sign
in any public park or public grounds. No person shall appear in any public park or public grounds unless clad in
attire which meets contemporary community standards of decency.
Ord. #41, adopted 10/12/1983
§ 92.16 CLIMBING OF TREES AND ON BUILDINGS.
114tğŭĻ
No person shall climb any trees or climb on any building or structure in any public park or public
grounds.
Ord. #41, adopted 10/12/1983
§ 92.17 FIREWORKS.
No person shall possess or discharge any fireworks in any public park or public grounds.
Ord. #41, adopted 10/12/1983
§ 92.18 SWIMMING.
No person shall enter or exit Centerville Lake through any public park or public grounds for the purpose
of swimming except where sign posted that swimming is allowed.
Ord. 2d #25, amended 12/10/2008
§ 92.19 FISHING.
No person shall fish from any public park or public grounds except where sign posted that fishing is
allowed.
Ord. 2d #25, amended 12/10/2008
§ 92.20 BOAT LAUNCHING.
No boat or watercraft may be launched from any public park or public grounds except where sign posted
as specifically allowed.
Ord. 2d #25, amended 12/10/2008
§ 92.21 SHORELINE PROTECTION
The shoreline where any public park or public grounds meets Centerville Lake is a protected area. The
shoreline must be protected from vehicular and foot traffic in order to establish and maintain vegetation.
Shoreline vegetation will stabilize and protect the shoreline from erosion. This protected area extends fifteen
feet from the high-water mark of the Lake.
No person may be present within a protected shoreline area which is so posted. It is a trespass for
anyone to be present within a protected shoreline area when the area is posted against entry.
115tğŭĻ
Ord. 2d #25, amended 12/10/2008
ADMINISTRATION AND ENFORCEMENT
§ 92.30 VARIANCES.
Variances to the strict application of this chapter may be granted only by the City Council.
Ord. #41, adopted 10/12/1983
§ 92.31 CITY PERSONNEL.
This chapter shall not be construed to prohibit the normal care, operations or functions of the city
(including the authorized events of City Celebration) or its authorized agents in any public park or public
grounds.
Ord. #41, adopted 10/12/1983, Ord. amended 12/22/1993
PELTIER LAKE
§ 92.45 PURPOSE, INTENT AND APPLICATION.
As authorized by M.S. §§ 86B.201.86B205 and 459.20, and Minn. Rules 6110.3000-6110.3800 as now
in effect and as hereafter amended, this section is enacted for the purpose and with the intent to control and
regulate the use of the water of Lake Peltier in Anoka County, Minnesota, the body of water being located
within the boundaries of the City of Centerville and City of Lino Lakes, to promote its fullest use and
enjoyment by the public in general; to ensure safety for persons and property in connection with the use of the
waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of the
waters, and to promote the general health, safety and welfare of the citizens of Centerville.
Ord. #68, adopted 03/27/2002
§ 92.46 DEFINITIONS.
Terms used in this section related to boating are defined in M.S. § 86B.005, as amended.
Ord. #68, adopted 03/27/2002
116tğŭĻ
§ 92.47 SURFACE ZONING BY RESTRICTING SPEEDS AND AREAS OF ACTIVITY.
A No-Wake Zone over all that part of Peltier Lake lying northerly and northwesterly of the following
described line: Commencing at the southwest corner of the Southeast Quarter of Section 10, Township 31,
Range 22, Anoka County, Minnesota; thence north 89 degrees 54 minutes 46 seconds east along the south line
of the Southeast Quarter 2106.64 feet to a witness corner on the south line of Government Lot 1, Section 10,
Township 31, Range 22; thence north 00 degrees 05 minutes 30 seconds west 150.00 feet; thence north 89
degrees 54 minutes 30 seconds east 100.00 feet, more or less, to a point on the westerly shoreline of Peltier
Lake, the point being the point of beginning of the line to be described; thence continuing north 89 degrees 54
minutes 30 seconds east to the easterly shoreline of Peltier Lake, and the line there terminating.
Ord. #68, adopted 03/27/2002
§ 92.48 ENFORCEMENT.
The primary responsibility for enforcement of this section shall rest with the County SheriffÓs
Department and the City Police Department. This, however, shall not preclude enforcement by other licensed
peace officers.
Ord. #68, adopted 03/27/2002
§ 92.49 EXCEPTIONS.
All authorized resource management, emergency and enforcement personnel, while acting in the
performance of their assigned duties, are exempt from the foregoing restrictions.
Ord. #68, adopted 03/27/2002
§ 92.50 NOTIFICATION.
It shall be the responsibility of the Anoka County Parks and Recreation Department to provide for
adequate notification of the public, which shall include placement of a sign at each public watercraft access
outlining essential elements of this subchapter, as well as the placement of necessary buoys and signs.
Ord. #68, adopted 03/27/2002
117tğŭĻ
CHAPTER93:STREETSANDSIDEWALKS
Section
General Provisions
93.01 Removal of snow, ice, dirt and rubbish from sidewalks
93.02 Deposits on streets prohibited
93.03 Mailbox placement and installation
93.04 Maintenance of adjoining right-of-way
Use of Rights-of-Way
93.15 Election to manage
93.16 Definitions
93.17 Permit requirement
93.18 Permit applications
93.19 Issuance of permit; conditions
93.20 Permit fees
93.21 Patching and restoration
93.22 Supplementary applications
93.23 Denial of permit
93.24 Installation requirements
93.25 Inspection
93.26 Supplementary notification
93.27 Revocation of permits
93.28 Mapping data
93.29 Location of facilities
93.30 Damage to other facilities
93.31 Indemnification and liability
93.32 Abandoned facilities
93.33 Appeal
93.34 Reservation of regulatory and police powers
93.35 Action on small wireless facility permit applications
93.99 Penalty
118tğŭĻ
GENERAL PROVISIONS
§ 93.01 REMOVAL OF SNOW, ICE, DIRT AND RUBBISH FROM SIDEWALKS.
(A) Cleaning of sidewalks. All owners of property in the city shall provide for the removal of snow, ice,
dirt, debris, litter, branches and other obstructions or accumulation of materials from all public
sidewalks adjacent to their property within 24 hours after its deposit thereon.
(B) Removal by city; assessment of costs.
(1) Any snow, ice, dirt, debris, branches and litter remaining on the public sidewalks of the city is in
violation of this section and may be removed by the Director of Public Works or his or her
designee. The Director of Public Works shall determine the cost of the removal and the owner of
the property abutting the sidewalk from which the city has made the removal shall be charged for
the cost.
(2) Periodically, the Administrator shall list the total unpaid charges for removal from a public
sidewalk of snow, ice, debris, branches and litter against each separate lot or parcel to which they
are attributable under this section. The Council may then spread the assessment charges against
the property benefitted as a special assessment under M.S. § 429.101, as amended, and other
pertinent statutes for certification to the County Auditor and collection along with the current
taxes the following year.
(C) Sidewalk Maintenance and Repair.
(1) Primary Responsibility. It is the primary responsibility of the owner of property upon which
there is abutting any sidewalk to keep and maintain such sidewalk in safe and serviceable
condition.
(2) Construction, Reconstruction and Repair Specifications. All construction, reconstruction or
repair of sidewalks shall be done in strict accordance with specifications on file in the office of
the Public Works Director.
(3) Notice - No Emergency. Where, in the opinion of the Public Works Director, no emergency
exists, notice of the required repair or reconstruction shall be given to the owner of the abutting
property. Such notice shall require completion of the work within ninety days, and shall be
mailed to the owner or owners shown to be such on the records of the County Officer who mails
tax statements.
(4) Notice - Emergency. Where, in the opinion of the Public Works Director, an emergency exists,
notice of the required repair or reconstruction shall be given to the owner of the abutting
property. Such notice shall require completion of the work within ten days, and shall be mailed
to the owner or owners shown to be such on the records of the County Officer who mails tax
statements.
119tğŭĻ
(5) Failure of Owner to Reconstruct or Make Repairs. If the owner of the abutting property fails to
make repairs or accomplish reconstruction as herein required, the Clerk-Treasurer shall report
such failure to the Council and the Council may order such work to be done under its direction
and the cost thereof assessed to the abutting property owner as any other special assessment.
(6) Duty to Inspect. In order to accomplish the purpose of this Section, it shall be the duty of the
Public Works Director to inspect sidewalks within the City, or cause the same to be inspected
under his/her direction.
(D) Improvements; ownership. Nothing contained in this section shall prevent the City Council from
undertaking any public improvement with respect to the construction, maintenance, replacement, repair,
relocation or removal of sidewalks in the city pursuant to M.S. Chapter 429, as amended, or any other
applicable ordinance, statute or law. Further, this section shall not be construed as to empower the
owner of any land adjacent to any public or municipal sidewalk to claim ownership thereof, to remove
any sidewalk without the replacement thereof, or to place or permit any form of barricade, obstruction or
other hindrance to the free passage of any pedestrian thereon without the express written consent of the
City Council.
Ord. #50, adopted 12/26/1990, Ord. 2d #14, amended 10/11/2006
§ 93.02 DEPOSITS ON STREETS PROHIBITED.
(A) No person shall sweep, shovel or otherwise deposit any leaves, grass, rubbish or other materials of any
kind in any street or gutter within the city.
(B) It is unlawful for any person not acting under a contract with the city to dump snow or ice on city
property or on a street.
Penalty, see § 93.99
Ord. adopted 08/24/1994
§ 93.03 MAILBOX PLACEMENT AND INSTALLATION.
(A) Intent. The intent of this section is to reduce the number of mailbox and paper box locations on city
streets. The reasons for this are to make snow removal a more efficient process and to enhance the looks
of the city streets.
(B) Grouping mailboxes and paper boxes. All mailboxes shall be clustered in groups of not less than four
nor more than six. Paper boxes are in addition to the mailboxes and shall be installed on the same stand.
Groups of less than four will be allowed if any mailbox is more than 250 feet from the property it serves.
120tğŭĻ
(C) Location. The Public Works Director shall produce a mailbox location plan for the city and designate
group mailbox locations. Residents replacing existing mailboxes will check with City Hall for the new
group box locations.
(D) Handicapped and elderly persons. Any handicapped or elderly person who would have difficulty using
a group box location shall be exempt from this section upon notification of handicap or physical
condition to the City Hall.
(E) Removal of paper boxes from the right-of-way. As of 8-1-1990, all paper boxes not in group locations
will be removed from the city street right-of-way.
(F) Cul-de-sac. Group mailbox and paper box stands shall not be located in any cul-de-sac. Box locations
will be allowed on streets entering and leaving the cul-de-sac.
(G) New developments. Developer agreements shall provide for installation of mailboxes in new
developments.
(H) Maintenance. Maintenance of the mailboxes and platforms shall be the responsibility of the residents
served.
Penalty, see § 93.99
Ord. #48, adopted 05/24/1989
§ 93.04 MAINTENANCE OF ADJOINING RIGHT OF WAY.
(A) Duty of Property Owners to Cut Grass and Weeds and Maintain Trees and Shrubs. Every owner of
property abutting on any street shall cause the grass and weeds to be cut from the line of such property
nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in
excess of eight (8) inches it shall be prima facie evidence of a failure to comply with this Section. Every
owner of property abutting on any street shall subject to the provisions herein requiring a permit therefor
trim cut and otherwise maintain all trees and shrubs in unhazardous and healthy condition from the line
of such property nearest to such street to the center thereof.
(B) Failure of Owner. If the owner of the abutting property fails to maintain adjoining right of way as
required by this section, the city may secure compliance in the same manner as abatement of nuisance
violations and may order such work to be done under its direction and the cost thereof assessed to the
abutting property owner as any other special assessment.
Ord. 2d # 15, amended 10/11/2006
§ 93.15 ELECTION TO MANAGE.
121tğŭĻ
(A) To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its
streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good
repair and free from unnecessary encumbrances.
(B) Pursuant to the authority granted to the city under state and federal statutory, administrative and
common law, the city hereby elects pursuant to M.S. § 237.163, Subdivision 2(b), as amended, to manage
rights-of-way within its jurisdictions.
Ord. #74, adopted 11/27/2002
§ 93.16 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning. References hereafter to sections are unless otherwise specified
references to sections in this subchapter. Defined terms remain defined terms whether or not capitalized.
ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of
the operating facility or from any other facility that is in use or still carries service. A facility is not
abandoned unless declared so by the right-of-way user.
APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way.
CITY INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions
of this subchapter.
COMMISSION. The State Public Utilities Commission.
CONGESTED RIGHTS-OF-WAY. A crowded condition in the subsurface of the public rights-of-way
that occurs when the maximum lateral spacing between existing underground facilities does not allow
for construction of new underground facilities without using hand digging to expose the existing lateral
facilities in conformance with M.S. § 216D.04, Subdivision 3, as amended, over a continuous length in
excess of 500 feet.
DEGRADATION. A decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would
be required if the excavation or disturbance did not occur.
DEGRADATION COST. Subject to Minn. Rules 7819.1100, means the cost to achieve a level of
restoration as determined by the city at the time the permit is issued, not to exceed the maximum
restoration shown in plates one to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950.
DEGRADATION FEE. The estimated fee established at the time of permitting by the city to recover
costs associated with the decrease in the useful life of the rights-of-way caused by the excavation, and
which equals the degradation costs.
122tğŭĻ
DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation,
obstruction, patching or restoration as established by permit.
EMERGENCY. A condition that:
(1) Poses a danger to life or health, or of a significant loss of property; or
(2) Requires immediate repair or replacement of facilities in order to restore service to a customer.
EQUIPMENT. Any tangible asset used to install, repair or maintain facilities in any right-of-way.
EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-
way.
EXCAVATION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a
person may excavate in a right-of-way described in the permit.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service.
HOLE. An excavation in the right-of-way, with the excavation having length less than the width of the
pavement.
MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including the
cost, if incurred, of those associated with registering applicants; issuing, processing and verifying right-
of-way permit applications, inspecting job sites and restoration projects; maintaining, supporting,
protecting or moving user facilities during right-of-way work; determining the adequacy of right-of-way
restoration; restoring work inadequately performed after providing notice and the opportunity to correct
the work; and revoking right-of-way permits. MANAGEMENT COSTS do not include payment by a
telecommunications right-of-way user for the use of the rights-of-way, the fees and cost of litigation
relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237.162 or
237.163, as amended, or any ordinance enacted under those sections; or city fees and costs related to
appeals taken pursuant to this subchapter.
MICRO WIRELESS FACILITY means a small wireless facility that is no larger than 24 inches long,
15 inches wide, and 12 inches high, and whose exterior antenna, if any, is not longer than 11 inches.
OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over
that or any part of the right-of-way.
OBSTRUCTION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a
person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the
specified portion of that right-of-way, for the duration specified therein.
PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH
consists of the compaction of the sub-base and aggregate base, and the replacement in kind of the
existing pavement for a minimum of two feet beyond the edges of the excavation in pavement as
included in the cityÓs five-year project plan.
123tğŭĻ
PAVEMENT. Any type of improved surface that is within the public rights-of-way and that is paved or
otherwise constructed with bituminous, concrete, aggregate or gravel.
PERMIT. The meaning given right-of-way permit in M.S. § 237.162, as amended.
PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted
by the city under this subchapter.
PERSON. An individual or entity subject to the laws and rules of this state, however organized,
whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether
natural, corporate or political.
PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, cartway,
bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-
way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves
above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service.
REGISTRANT. Any person who has or seeks to have its equipment or facilities located in any right-of-
way; or in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or
equipment in the right-of-way.
RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is returned to the same condition and life expectancy that
existed before excavating.
RESTORATION COSTS. The amount of money paid to the city by a permittee to achieve the level of
restoration according to plates one to 13 of Minnesota Public Utilities Commission Rules.
RIGHT-OF-WAY. Either the excavation permit or the obstruction permit, or both, depending on the
context, required by this subchapter.
RIGHT-OF-WAY USER.
(A) A telecommunications RIGHT-OF-WAY USER as defined by M.S. § 237.162, Subdivision 4, as
amended; or
(B) A person owning or controlling a facility in the right-of-way that is used or intended to be used
for providing utility service, and who has a right under law, franchise or ordinance to use the
public rights-of-way.
SERVICE or UTILITY SERVICE. Includes those services provided by a public utility as defined in
M.S. § 216B.02, Subdivision 4 and 6, as amended; services of a telecommunications right-of-way user,
including transporting of voice or date information; services of a cable communications system as
defined in M.S. Chapter 238, as amended; natural gas or electric energy or telecommunications services
provided by the city; service provided by a cooperative electric association organized under M.S.
Chapter 308A, as amended; and water, sewer, steam, cooling or heating services.
124tğŭĻ
SMALL WIRELESS FACILITY means a wireless facility that meets both of the following
qualifications:
(A) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all its exposed elements could fit
within such an enclosure; and
(B) All other wireless equipment associated with the small wireless facility provided such
equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters,
concealment elements, telecommunications demarcation boxes, battery backup power systems,
grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable
runs for the connection of power and other services, and any equipment concealed from public
view within or behind an existing structure or concealment; or
(C) A micro wireless facility.
SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-
of-way than allowed in, or to extend a permit that had already been issued.
TELECOMMUNICATION RIGHT-OF-WAY USER. A person owning or controlling a facility in the
right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be
used for transporting telecommunication or other voice or data information. For purposes of this
subchapter, cable communication system defined and regulated under M.S. Chapter 238, as amended,
and telecommunication activities related to providing natural gas or electric energy services whether
provided by a public utility as defined in M.S. § 216B.02, as amended; a municipality; a municipal gas
or power agency organized under M.S. Chapters 453 and 453A, as amended; or a cooperative electric
association organized under M.S. Chapter 308A, as amended, are not TELECOMMUNICATIONS
RIGHT-OF-WAY USERS for purposes of this subchapter.
TEMPORARY SURFACE. The compaction of sub-base and aggregate base and replacement, in kind,
of the existing pavement only to the edges of the excavation. It is temporary in nature except when the
replacement is of pavement included in the cityÓs capital improvement plan, and is scheduled for
completion within two years, in which case it is considered full restoration.
TRENCH. An excavation in the pavement, with the excavation having a length equal to or greater than
the width of the pavement.
Ord. #74, adopted 11/27/2002; Ord. 2d #94, adopted 06/26/2019.
§ 93.17 PERMIT REQUIREMENT.
(A) Generally. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-
way without first having obtained the appropriate permit from the city.
(1) Excavation permit.
125tğŭĻ
(a) An excavation permit is required to excavate that part of the right-of-way described in the
permit and to hinder free and open passage over the specified portion of the right-of-way,
to the extent and for the duration specified therein.
(b) An obstruction permit is not required if a person already possesses a valid excavation
permit for the same project.
(2) Obstruction permit.
(a) An obstruction permit is required to hinder free and open passage over the specified
portion of rights-of-way by placing equipment and/or garbage containers described
therein on the rights-of-way, to the extent and for the duration specified therein.
(b) An obstruction permit is not required if a person already possesses a valid excavation
permit for the same project.
(3) Small wireless facility permit. A small wireless facility permit is required by a registrant to erect
or install a wireless support structure, to collocate a small wireless facility, or to otherwise install
a small wireless facility in the specified portion or the right-of-way, to the extent specified
therein, provided that such permit shall remain in effect for the length of time the facility is in
use, unless lawfully revoked.
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates
specified in the permit unless the person makes both a supplementary application for another right-of-
way permit before the expiration of the initial permit, and a new permit or permit extension is granted.
(C) Delay penalty. The city shall establish and impose a delay penalty for unreasonable delays in right-of-
way excavation, obstruction, patching or restoration. The delay penalty shall be established from time to
time by City Council resolution.
(D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise
available at all times at the indicated work site and shall be available for inspection by city.
(E) No permit required. A small wireless facility permit is not required, nor any permit fee or collocation
agreement in order to conduct any of the following activities:
(1) Routine maintenance of a small wireless facility;
(2) Replacement of a small wireless facility with a new facility that is substantially similar or
smaller in size, weight, height, and wind or structural loading than the small wireless facility
being replaced; or
(3) Installation, placement, maintenance, operation, or replacement of micro wireless facilities that
are suspended on cables strung between existing utility poles in compliance with national safety
codes.
126tğŭĻ
Advance notification to the city of these activities is required if the work will obstruct a public
right-of-way.
Ord. #74, adopted 11/27/2002, Ord. 2d # 25, amended 12/10/2008;Ord. 2d #94, adopted 06/26/2019.
§ 93.18 PERMIT APPLICATIONS.
Application for a permit shall contain and will be considered complete only upon compliance with the
requirements of the following provisions:
(A) Submission of a completed permit application form, including all required attachments, scaled drawings
showing the location and area of the proposed project and the location of all known existing and
proposed facilities, and the following information:
(1) Each applicantÓs name, Gopher One-Call registration certificate number, address and e-mail
address if applicable, and telephone and facsimile numbers;
(2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a
local representative. The local representative or designee shall be available at all times. Current
information regarding how to contact the local representative in an emergency shall be provided
at the time of registration;
(3) A certificate of insurance or self-insurance:
(a) Verifying that an insurance policy has been issued to the permittee by an insurance
company licensed to do business in the state, or a form of self-insurance acceptable to the
city;
(b) Verifying that the permittee is insured against claims for personal injury, including death,
as well as claims for property damage arising out of the use and occupancy of the right-
of-way by the permittee, its officers, agents, employees and permittees; and placement
and use of facilities and equipment in the right-of-way by the permittee, its officers,
agents, employees and permittees; including but not limited to protection against liability
arising from completed operations, damage of underground facilities and collapse of
property;
(c) Naming the city as an additional insured as to whom the coverages required herein are in
force and applicable and for whom defense will be provided as to all the coverages;
(d) Requiring that the city be notified 30 days in advance of cancellation of the policy or
material modification of coverage term; and
(e) Indicating comprehensive liability coverage, automobile liability coverage, workers
compensation and umbrella coverage established by the city in amounts sufficient to
protect the city and the public and to carry out the purposes and policies of this
subchapter.
127tğŭĻ
(4) The city may require a copy of the actual insurance policies;
(5) If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06,
as it may be amended, as recorded and certified to by the Secretary of State; and
(6) A copy of the personÓs order granting a certificate of authority from the Minnesota Public
Utilities Commission or other applicable state or federal agency, where the person is lawfully
required to have the certificate from the Commission or other state or federal agency.
(B) Payment of money due the city for:
(1) Permit fees, estimated restoration costs and other management costs;
(2) Prior obstructions or excavation;
(3) Any undisputed loss, damage or expense suffered by the city because of applicantÓs prior
excavations or obstructions of the right-of-way or any emergency actions taken by the city; and
(4) Franchise fees or other charges, if applicable.
Ord. #74, adopted 11/27/2002
§ 93.19 ISSUANCE OF PERMIT; CONDITIONS.
(A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the city shall issue a
permit.
(B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the
performance of the applicant thereunder to protect the health, safety and welfare of the public or when
necessary to protect the right-of-way and its current use.
(C) Small wireless facility conditions. Subject to a required city issued permit and pursuant to Minn. Stat. §
237.163, subd. 2(f), the placement of small wireless facilities and wireless support structures to
accommodate small wireless facilities is a permitted use in a public right-of-way, provided however that
a special or conditional land use permit is required to install a new wireless support structure for the
siting of a small wireless facility in a right-of-way in a district or area zoned for single-family residential
use or within a historic district established by federal or state law or city ordinance as of the date of
application for a small wireless facility permit. This paragraph does not apply to areas outside a public
right-of-way that are zoned and used exclusively for single-family residential use.
In addition to the above paragraph of this clause (c), as applicable, and to clause (b) above, the erection
or installation of a wireless support structure, the collocation of a small wireless facility, or other
installation of a small wireless facility in the right-of-way, shall be subject to the following conditions:
128tğŭĻ
(1) A small wireless facility shall only be collocated on the particular wireless support structure,
under those attachment specifications, and at the height indicated in the applicable permit
application.
(2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height
without the city's written authorization, provided that the city may impose a lower height limit in
the applicable permit to protect the public health, safety and welfare or to protect the right-of-
way and its current use, and further provided that a registrant may replace an existing wireless
support structure exceeding 50 feet in height with a structure of the same height subject to such
conditions or requirements as may be imposed in the applicable permit.
(3) No wireless facility constructed in the right-of-way after June 26, 2019, may extend more than
ten feet above its wireless support structure in place as of June 26, 2019.
(4) Where an applicant proposes to install a new wireless support structure in the right-of-way after
June 26, 2019 , the city may impose separation requirements between such structure and any
existing wireless support structure or other facilities in and around the right-of-way for purposes
of the public health, safety and welfare, reasonable city right-of-way management, or protection
of the right-of-way and its uses.
(5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other
structure not intended to support small wireless facilities, the city may impose reasonable
requirements to accommodate the particular design, appearance or intended purpose of such
structure.
(6) Where an applicant proposes to install a new or replacement wireless support structure for a
small wireless facility or to collocate a small wireless facility on a wireless support structure in a
public right-of-way, the city may impose reasonable restocking, replacement, or relocation
requirements on the replacement of such structure.
(7) The city may condition its approval on compliance with generally applicable and reasonable
health, safety, and welfare regulations consistent with the city's public right-of-way management.
Pursuant to Minn. Stat. § 237.163, subd. 3(a), an approval of a small wireless facility permit under this
section authorizes the installation, placement, maintenance, or operation of a small wireless facility to
provide wireless service and shall not be construed to confer authorization to (i) provide any service
other than a wireless service, or (ii) install, place, maintain, or operate a wireline backhaul facility in the
right-of-way.
(D) Small wireless facility agreement. A small wireless facility shall only be collocated on a small wireless
support structure owned or controlled by the city, or any other city asset in the right-of-way, after the
applicant has executed a standard small wireless facility collocation agreement with the city. The
standard collocation agreement may require payment of the following:
(1) Up to $150.00 per year for rent to collocate on the city structure.
(2) Twenty-five dollars per year for maintenance associated with the collocation;
129tğŭĻ
(3) A monthly fee for electrical service as follows:
a. Seventy-three dollars per radio node less than or equal to 100 maximum watts;
b. One hundred eighty-two dollars per radio node over 100 maximum watts; or
c. The actual costs of electricity, if the actual cost exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless
facility permit, provided, however, that the applicant shall not be additionally required to obtain a
license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede,
alter or affect any then-existing agreement between the city and applicant.
Ord. #74, adopted 11/27/2002; Ord. 2d #94, adopted 06/26/2019.
§ 93.20 PERMIT FEES.
(A) Excavation permit fee. The city shall establish an excavation permit fee in the amount sufficient to
recover the following costs:
(1) The city management costs; and
(2) Degradation costs, if applicable.
(B) Obstruction permit fee. The city shall establish the obstruction permit fee, which shall be in an amount
sufficient to recover the city management costs.
(C) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of
excavation or obstruction permit fees.
(D) Nonrefundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in
§ 93.27 are not refundable.
(E) Application to franchises. Unless otherwise agreed to in the franchise, management costs may be
charged separately from and in addition to the franchise fees imposed on a right-of-way user in the
franchise.
(F)Establishment. All permit fees shall be established by resolution of the City Council.
(G) Small wireless facility permit fee. The city shall impose a small wireless facility permit fee in an amount
sufficient to recover management costs.
Ord. #74, adopted 11/27/2002; Ord. 2d #94, adopted 06/26/2019.
130tğŭĻ
§ 93.21 PATCHING AND RESTORATION.
(A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-
of-way as required herein, must be completed within the dates specified in the permit.
(B) Patch and restoration. The city may choose either to have the permittee restore the right-of-way or to
restore the right-of-way itself.
(1) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within
30 days of billing. If, following the restoration, the pavement settles due to permitteeÓs improper
backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with
having to correct the defective work.
(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of
application for an excavation permit post a construction performance bond in accordance with
the provisions of Minn. Rules 7819.3000.
(3) Degradation fee in lieu of restoration. In lieu of right-of-way itself, it shall at the time of
application for an excavation permit post a construction performance bond in accordance with
the provisions of Minn. Rules 7819.3000.
(C) Standards. The permittee shall perform patching and restoration according to the standards and with the
materials specified by the city and shall comply with Minn. Rules 7819.1100.
(D) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by
permittee or its agents. Permittee upon notification from the city shall correct all restoration work to the
extent necessary, using the method required by the city. This work shall be completed within 5 calendar
days of the receipt of the notice from the city.
(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition
required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the
city at its option may do the work. In that event the permittee shall pay the city, within 30 days of
billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise
its rights under the construction performance bond or collect from any security posted with the permit.
Penalty, see § 93.99
Ord. #74, adopted 11/27/2002
§ 93.22 SUPPLEMENTARY APPLICATIONS.
(A) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the
permit. No permittee may do any work outside the area specified in the permit, except as provided
herein. Any permittee which determines that an area greater than that specified in the permit must be
131tğŭĻ
obstructed or excavated must, before working in that greater area, both make application for a permit
extension and pay any additional fees required thereby, and be granted a new permit or permit extension.
(B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No
permittee may begin its work before the permit start date or, except as provided herein, continue
working after the end date. If a permittee does not finish the work by the permit end date, it must apply
for a new permit for the additional time it needs, and receive the new permit or an extension of the old
permit before working after the end date of the previous permit. This supplementary application must
be submitted before the permit end date.
Penalty, see § 93.99
Ord. #74, adopted 11/27/2002.
§ 93.23 DENIAL OF PERMIT.
(A) The city may deny a permit for failure to meet the requirements and conditions of this subchapter if the
city determines that the denial is necessary to protect the health, safety of the public and welfare, or
when necessary to protect the right-of-way and its current use.The city may additionally deny a permit
for the following reasons:
(1) The applicant failed to fully comply with the application requirements herein.
(2) Except for small wireless facilities permits, the city has initiated revocation of a prior permit
issued under this article against the applicant.
(3) Except for small wireless facilities permits, the applicant has violated within the past two years
any requirements of this article.
(4) The time schedule for the project will conflict or interfere with a community exhibition,
celebration, festival or any other similar community event in the area of the project.
(5) The time schedule for the project conflicts with scheduled public improvement of the public
right-of-way.
(6) The time schedule for the project conflicts with another applicant's previously approved project.
(7) The proposed project violates a provision of this chapter or city Code.
(8) The proposed project is adverse to the public health, safety and welfare, by interfering with the
safety and convenience of ordinary travel over the public right-of-way, or endangers the public
right-of-way and its users based on one or more of the following factors:
a. The extent of public right-of-way area available;
b. The competing demands for the particular proposed area space in the public right-of-
way;
132tğŭĻ
c. The availability of other locations in the public right-of-way or in other public rights-of-
way for the facility(ies) or equipment of the permit applicant;
d.The applicability of an ordinance or other regulation that affect the location of a facility
or equipment in the public right-of-way;
e. Except for small wireless facilities permits, the applicant's prior noncompliance with the
terms and conditions of its franchise, this article and other applicable ordinances and
regulations;
f. The condition and age of the public right-of-way and the city's scheduled reconstruction
thereof; and
g. The costs of disruption to the public and damage to the public right-of-way balanced
against any benefits to the public served by an expansion into additional parts of the
public right-of-way for facilities or equipment.
(B) Right to cure - Small wireless facilities. Pursuant to Minn. Stat. § 237.163, subd. 4(f), for small wireless
facilities permits, if a permit application is denied, the telecommunications right-of-way user may cure
the deficiencies identified by the city and resubmit its application.
(C) Procedural requirements. The denial of a permit must be made in writing and must document the basis
for the denial. The city must notify the applicant or right-of-way user in writing within three business
days of the decision to deny a permit. If an application is denied, the right-of-way user may address the
reasons for denial identified by the city and resubmit its application. If the application is resubmitted
within 60 days of receipt of the notice of denial, no additional application fee shall be imposed. The city
must approve or deny the resubmitted application within 60 days after submission.
Ord. #74, adopted 11/27/2002; Ord. 2d #94, adopted 06/26/2019.
§ 93.24 INSTALLATION REQUIREMENTS.
The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way
shall be done in conformance with local law and Minnesota Statutes and Rules.
Penalty, see § 93.99
Ord. #74, adopted 11/27/2002
§ 93.25 INSPECTION.
(A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall
furnish a completion certificate.
133tğŭĻ
(B) Site inspection. Permittee shall make the worksite available to city personnel and to all others as
authorized by law for inspection at all reasonable times during the execution of and upon completion of
the work.
(C) Authority of city.
(1) At the time of inspection the city may order the immediate cessation of any work which poses a
serious threat to the life, health, safety or well-being of the public.
(2) The city may issue an order to the permittee for any work which does not conform to the terms
of the permit or other applicable standards, conditions or codes. The order shall state the failure
to correct the violation will be cause for revocation of the permit. Within ten days after issuance
of the order, the permittee shall present proof to the city that the violation has been corrected. If
this proof has not been presented with the required time, the city may revoke the permit pursuant
to this chapter.
(3) If the city becomes aware of an emergency regarding facilities, the city will attempt to contact
the local representative of each facility owner affected, or potentially affected, by the emergency.
In any event, the city may take whatever action it deems necessary to respond to the emergency,
the cost of which shall be borne by the person whose facilities occasioned the emergency.
(D) Nonemergency situations. Except in an emergency, any person who, without first having obtained the
necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a
penalty pay double the normal fee for the permit, pay double all the other fees required by this
subchapter, deposit with the city the fees necessary to correct any damage to the right-of-way and
comply with all of the requirements of this subchapter.
Ord. #74, adopted 11/27/2002
§ 93.26 SUPPLEMENTARY NOTIFICATION.
If the obstruction or excavation of the right-of-way begins later or ends sooner that the date given on the
permit, permittee shall notify the city of the accurate information as soon as this information is known.
Ord. #74, adopted 11/27/2002
§ 93.27 REVOCATION OF PERMITS.
(A) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way permit,
without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance,
rule or regulation, or any material condition of the permit. A substantial breach by permittee shall
include but shall not be limited to the following:
134tğŭĻ
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to complete the work in a timely manner, unless a permit extension is obtained; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on
an order issued pursuant to this chapter.
(B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of
a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city
shall make a written demand upon the permittee to remedy the violation. The demand shall state that
continued violations may be caused for revocation of the permit. A substantial breach, as stated above,
will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate
and remedy the breach.
(C) Response to notice of breach. Within 24 hours of receiving notification of the breach, permittee shall
provide the city with a plan, acceptable to the city, that will cure the breach. PermitteeÓs failure to so
contact the city, the permitteeÓs failure to submit an acceptable plan, or permitteeÓs failure to reasonably
implement the approved plan shall be cause for immediate revocation of the permit.
(D) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the
cityÓs reasonable costs, including restoration costs and the costs of collection and reasonable attorneysÓ
fees incurred in connection with the revocation.
Ord. #74, adopted 11/27/2002
§ 93.28 MAPPING DATA.
Each permittee shall provide mapping information required by the city in accordance with Minn.
Statutes and Rules.
Ord. #74, adopted 11/27/2002
§ 93.29 LOCATION OF FACILITIES.
(A) Locations. Placement, locations and relocation of facilities must comply with the act, with other
applicable local or state law, and with Minn. Rules.
(B) Corridors. The city may assign specific corridors within the right-of-way or any particular segment
thereof as may be necessary, for each type of facilities that is located or, pursuant to current technology,
135tğŭĻ
the city expects will someday be located within the right-of-way. All excavation, obstruction or other
permits issued by the city involving the installation or replacement of facilities shall designate the proper
corridor for the facilities at issue.
(C) Limitation of space. To protect health, safety and welfare or when necessary to protect the right-of-way
and its current use, the city shall have the power to prohibit or city shall strive to the extent possible to
accommodate all existing and potential users of the right-of-way, but shall be guided primarily by
considerations of the public interest, the publicÓs needs for the particular utility service, the condition of
the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in
the right-of-way, and future city plans for public improvements and development projects which have
been determined to be in the public interest.
(D) Collocation of small cell wireless facilities. Collocation of small wireless facilities and installation of
wireless support structures, approved by the city and in compliance with Minn. Stat. §§ 237.162,
237.163, are exempted from this section.
Ord. #74, adopted 11/27/2002; Ord. 2d #94, adopted 06/26/2019.
§ 93.30 DAMAGE TO OTHER FACILITIES.
(A) When the city does work in the right-of-way and finds it necessary to maintain, support or move
facilities to protect it, the city shall notify the local representative as early as is reasonably possible and
placed as required. The costs associated therewith will be billed to that facility owner and must be paid
within 30 days from the date of billing.
(B) Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which
he or she or the facilities damages. Each facility owner shall be responsible for the cost of repairing any
damage to the facilities of another caused during the cityÓs response to an emergency occasioned by that
ownerÓs facilities.
Ord. #74, adopted 11/27/2002
§ 93.31 INDEMNIFICATION AND LIABILITY.
By applying for and accepting a permit under this subchapter, a permittee agrees to defend and
indemnify the city in accordance with the provisions of local law and Minnesota Statutes and Rules.
Ord. #74, adopted 11/27/2002
§ 93.32 ABANDONED FACILITIES.
136tğŭĻ
Any person who has abandoned facilities in any right-of-way shall remove them from that right-of-way
if required in conjunction with other right-of-way repair, excavation or construction, unless this requirement is
waived by the city.
Ord. #74, adopted 11/27/2002
§ 93.33 APPEAL.
(A) A right-of-way user that has been denied registration; has been denied a permit; has had a permit
revoked; or believes that the fees imposed are invalid, may have the denial, revocation or fee imposition
reviewed, upon written request, by the City Council. The City Council shall act on a timely written
request at its next regularly scheduled meeting.
(B) A decision by the City Council affirming the denial, revocation or fee imposition will be in writing and
supported by written findings establishing the reasonableness of the decision.
Ord. #74, adopted 11/27/2002
§ 93.34 RESERVATION OF REGULATORY AND POLICE POWERS.
A permitteeÓs rights are subject to the regulatory and police powers of the city to adopt and enforce
general ordinances necessary to protect the health, safety and welfare of the public.
Ord. #74, adopted 11/27/2002
§ 93.35 ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATIONS.
(A) Deadline for action. The city shall approve or deny a small wireless facility permit application within 90
days after filing of such application. The small wireless facility permit, and any associated building
permit application, shall be deemed approved if the city fails to approve or deny the application within
the review periods established in this section.
(B) Consolidated applications. An applicant may file a consolidated small wireless facility permit
application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number
if agreed to by the city, provided that all small wireless facilities in the application:
(1) Are located within a two-mile radius;
(2) Consist of substantially similar equipment; and
(3) Are to be placed on similar types of wireless support structures.
137tğŭĻ
In rendering a decision on a consolidated permit application, the city may approve some small wireless
facilities and deny others, but may not use denial of one or more permits as a basis to deny all small
wireless facilities in the application.
(C) Tolling of deadline. The 90-day deadline for action on a small wireless facility permit application may
be tolled if:
(1) The city receives applications from one or more applicants seeking approval of permits for more
than 30 small wireless facilities within a seven-day period. In such case, the city may extend the
deadline for all such applications by 30 days by informing the affected applicants in writing of such
extension.
(2) The applicant fails to submit all required documents or information and the city provides written
notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission
of additional documents or information, the city shall have ten days to notify the applicant in writing
of any still-missing information.
(3) The city and a small wireless facility applicant agree in writing to toll the review period.
Ord. 2d #94, adopted 06/26/2019.
§ 93.99 PENALTY.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
Ord. #60, adopted 08/09/1995
138tğŭĻ
CHAPTER94:SPORTING,ATHLETICANDMUSICEVENTS
Section
94.01 Generally
94.02 Ultimate fighting prohibited
§ 94.01 GENERALLY.
(A) It shall be unlawful to conduct sporting, athletic and music concert events in residential districts of the
city, as defined herein, unless first securing a special permit from the city.
(B) (1) Sporting, athletic or music events shall be defined as the conducting of these events by
individuals, nonprofit or profit organizations, partnerships or corporations, wherein
participants and/or patrons are charged an entry fee for the right to participate in the event
and/or compete for monetary or merchandise prizes. The events shall include but not be
limited to softball, football, volleyball, broomball, ice or field hockey, tennis, basketball
tournaments or outdoor music concerts; and
(2) These activities shall be considered by special permit within all residential districts of the
city and shall require a permit therefore. The city shall have the right to make provisions
in the permit for insuring public health and sanitation, traffic regulation, noise and litter
control and regulation on the number of events that may be conducted on a specific site.
Ord. #4, adopted 08/23/2000
§ 94.02 ULTIMATE FIGHTING PROHIBITED
(A) Definition and purpose. Ultimate fighting is any activity, regardless of how named or described, or any
form of entertainment, where the primary practice involves individuals engaged in physical contact by
striking an opponent with hands, head, feet or body. This shall include, but not be limited to, any
contest where kicking, punching, martial arts, or submission holds are permitted. The City Council
finds that the practice of ultimate fighting is dangerous and puts individuals and the public health, safety
and welfare at great risk.
(B) Prohibited conduct. It shall be unlawful in any public or private building or place to organize, permit,
be present at, or to participate in the practice of ultimate fighting. Officially sanctioned matches
regulated by the Minnesota Boxing Commission, martial arts, wrestling and team sports in which
physical contact is incidental to the primary purpose of the game such as hockey, basketball, volleyball,
soccer, baseball and softball, are not included among activities prohibited by this section.
Ord. 2d #25, amended 12/10/2008
139tğŭĻ
TITLE XI: BUSINESS REGULATIONS
Chapter
110. ADULT BUSINESSES
111. LIQUOR REGULATIONS
112. PAWNBROKERS
113. PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
114. BODY PIERCING AND PAINTING ESTABLISHMENTS
115. COMMERCIAL SAUNA AND MASSAGE SERVICES
116. TOBACCO REGULATIONS; SALES
117. FIREWORKS
118. RENTAL HOUSING CODE
119. LICENSING REFUSE HAULERS
120. LICENSES; WATER AND/OR SEWER SERVICE LINE INSTALLER
121. DANCES
140tğŭĻ
CHAPTER110:ADULTBUSINESSES
Section
110.01 Purpose and intent
110.02 Definitions
110.03 Application of this chapter
110.04 Location
110.05 Hours of operation
110.06 Operation
110.07 Licenses
110.08 Fees
110.09 Inspection
110.10 License expiration and renewal
110.11 License suspension
110.12 License revocation
110.13 Transfer of license
§ 110.01 PURPOSE AND INTENT.
(A) It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety,
morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations
to:
(1) Prevent additional criminal activity within the city;
(2) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of
properties within the neighborhood;
(3) To locate adult-oriented businesses away from residential areas, schools, churches, parks and
playgrounds;
(4) Prevent concentration of adult-oriented businesses within certain areas of the city; and
(5) To lawfully create the most restrictive atmosphere possible against the establishment and
operation of adult-oriented businesses.
(B) The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including adult-oriented materials. Similarly, it is not
the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials
protected by the First Amendment, or to deny access by distributors and exhibitors of adult-oriented
entertainment to their intended market.
141tğŭĻ
Ord. #61, adopted 12/27/1995
§ 110.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ADULT BOOK or MEDIA STORE. An establishment which excludes minors and which has a
substantial portion of its stock-in-trade or stock on display books, magazines, films, videotape or other
media which are characterized by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which provides dancing or other live entertainment, if the
establishment excludes minors by virtue of age from all or part of the establishment and if the dancing or
other live entertainment is distinguished or characterized by an emphasis on the performance, depiction
or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment or the sale
of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing or
relating to specified sexual activities or specified anatomical areas. Specifically included in the term but
without limitation are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-
motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture
theaters, adult novelty businesses and other adult establishments.
ADULT HOTEL or MOTEL. A hotel or motel from which minors are specifically excluded from
patronage and wherein material is presented which is distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER.
(A) A theater in an enclosed building from which minors are excluded from all or part of the
establishment, with a capacity for less than 50 persons used for presenting motion pictures,
including but not limited to film and videotape, having as a dominant theme material
distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas.
(B) Any business which presents motion pictures from which minors are excluded from all or part of
the establishment, including films and videotapes, having as a dominant theme material
distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas, for viewing on the premises, including
but not limited to private booths, viewing by means of coin-operated or other mechanical
devices, and the viewing of excerpts of motion pictures offered for sale or rent.
ADULT MODELING STUDIO. An establishment which excludes minors from all or part of the
establishment, whose major business is the provision, to customers, of figure models who are so
142tğŭĻ
provided with the intent of providing sexual stimulation to sexual gratification to the customers and who
engage in specified sexual activities or display specified anatomical areas while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by the customers.
ADULT MOTION PICTURE ARCADE. Any place which excludes minors from all or part of the
establishment, wherein coin- or token-operated or electronically, electrically or mechanically controlled
or operated still or motion picture machines, projectors or other image-producing devices are
maintained, to show images to five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by an emphasis on matter depicting or describing
specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building from which minors are
excluded from all or part of the establishment, with a capacity of 50 or more persons, used regularly and
routinely for presenting live entertainment or motion pictures, including but not limited to film and
videotapes, having as a dominant theme material distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified anatomical areas for
observation by patrons herein.
ADULT NOVELTY BUSINESS. A business from which minors are excluded from all or part of the
establishment, which sells, offers to sell or displays devices which simulate human genitals or devices
which are designed for sexual stimulation.
ADULT USE. Any of the activities and businesses described in this section constitute adult-oriented
businesses which are subject to the regulation of this chapter.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
(A) Less than completely and opaquely covered:
(1) Human genitals, pubic region or pubic hair;
(2) Buttock; and
(3) Female breast below a point immediately above the top of the areola.
(B) Human male genitals in a discernibly turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
(A) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital,
anal-genital or oral-genital intercourse, whether between human beings or between a human
being and an animal;
(B) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad
in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise
physically restricted on the part of one so clothed;
(C) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation
of a human genital organ clothed or unclothed; or
143tğŭĻ
(D) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or
buttocks of a human male or female, or the breasts of a female, whether alone or between
members of the same or opposite sex or between humans and animals in an act of apparent
sexual stimulation or gratification.
Ord. #61, adopted 12/27/1995
§ 110.03 APPLICATION OF THIS CHAPTER.
(A) Except as in this chapter specifically provided, no structure shall be erected, converted, enlarged,
reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which
is not in conformity with this chapter.
(B) No adult-oriented business shall engage in any activity or conduct, or permit any other person to engage
in any activity or conduct in or about the establishment which is prohibited by this chapter, any
ordinance of the city, the laws of the state or the United States of America. Nothing in this chapter shall
be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or
ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or
distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to
minors. To the extent that a law or regulation adopted by a different unit of government is consistent
with this chapter, that supersedes or is in whole or in part more restrictive than this chapter, it shall apply
to adult-oriented businesses in the City. If a law or regulation adopted by a different unit of government
supersedes any portion of this chapter and which only regulates a portion or facet of the operation of an
adult-oriented businesses regulated by this chapter then this chapter or this code of ordinances applies to
the remainder of the operation that is not regulated by the superseding jurisdiction.
Ord. #61, adopted 12/27/1995
§ 110.04 LOCATION.
(A) During the term of this chapter, no adult-oriented businesses shall be located less than 500 feet from any
residential zoning district boundary or site used for residential purposes, and less than 500 feet from any
church site, from any school site, from any daycare facility, or from any park which is adjacent to
property zoned residential. In addition, no adult-oriented business may be located within 500 feet of
another adult-oriented business.
(B) For purposes of this chapter, this distance shall be a horizontal measurement from the nearest existing
residential district boundary or site used for residential purposes, church site, school site, daycare site,
park site or another adult-oriented business site to the nearest boundary of the proposed adult-oriented
business site.
Ord. #61, adopted 12/27/1995
144tğŭĻ
§ 110.05 HOURS OF OPERATION.
No adult-oriented business site shall be open to the public between the hours of 11:00 p.m. and 9:00 a.m.
Ord. #61, adopted 12/27/1995
§ 110.06 OPERATION.
(A) Off-site viewing. An establishment operating as an adult-oriented business shall prevent off-site viewing
of its merchandise which, if viewed by a minor, would be in violation of M.S. Chapter 617, as amended,
or other applicable federal or state statutes or local ordinances.
(B) Entrances. All entrances to the business, with the exception of emergency fire exits which are not
useable by patrons to enter the business, shall be visible from a public right-of-way.
(C) Layout. The layout of the display areas shall be designed so that the management of the establishment
and any law enforcement personnel inside the store can observe all patrons while they have access to
any merchandise offered for sale or viewing, including but not limited to books, magazines,
photographs, videotapes or any other material.
(D) Illumination. Illumination of the premisesÓ exterior shall be adequate to observe the location and
activities of all persons on the exterior premises.
(E) Signs. Signs for adult-oriented businesses shall comply with the cityÓs regulations for signs as otherwise
addressed in this code of ordinances, and in addition signs for adult-oriented businesses shall not contain
representational depiction of an adult nature or graphic descriptions of the adult theme of the operation.
Ord. #61, adopted 12/27/1995
§ 110.07 LICENSES.
(A) License required. All establishments, including any business operating at the time this chapter become
effective, operating or intending to operate adult-oriented business shall apply for and obtain a license
from the city. A person is in violation of the city code if he or she operates an adult-oriented business
without a valid license issued by the city.
(B) Applications. An application for a license must be made on a form provided by the city. Providing false,
misleading or inaccurate information as part of this application is a violation of the city code. The
application shall contain or be accompanied by the following:
(1) The application must be accompanied by a sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business. The sketch or
diagram need not be professionally prepared but must be drawn to a designated scale or drawn
145tğŭĻ
with marked dimensions of the interior of the premises to an accuracy of plus or minus six
inches.
(2) The applicant must be qualified according to the provisions of this section, and the premises
must be inspected and found to be in compliance with the appropriate state, county and local law
and codes by the Health Official, Fire Marshal and Building Official.
(3) Application for a license shall contain the address and legal description of the property to be
used; the names, addresses, phone numbers, dates of birth of the owner(s), lessee if any, the
operator(s) or manager(s), and all employees; the name, address and phone number of two
persons who shall be residents of the state and who may be called upon to attest to the
applicantÓs, managerÓs or operatorÓs character; the names and addresses of all creditors of the
applicant, owner, lessee or manager insofar as regarding credit which has been extended for the
purposes of constructing, equipping, maintaining, operating, furnishing or acquiring the
premises, personal effects, equipment or anything incident to the establishment, maintenance and
operation of the business.
(4) If the application is made on behalf of a corporation, joint business venture, partnership or any
legally constituted business association, it shall submit along with its application accurate and
complete business records showing the names, addresses and dates of birth of all individuals
having an interest in the business, including partners, officers, owners and creditors furnishing
credit for the establishment, acquisition, maintenance and furnishings of the business and, in the
case of a corporation, the names, addresses and dates of birth of all officers, general managers,
members of the board of directors as well as any creditors who have extended credit for the
acquisition, maintenance, operation or furnishing of the establishment, including the purchase or
acquisition of any items of personal property for use in the operation.
(5) All applicants shall furnish to the city, along with their applications, complete and accurate
documentation establishing the interest of the applicant and any other person having an interest
in the premises upon which the building is proposed to be located or the furnishings thereof,
personal property thereof, or the operation or maintenance thereof. Documentation shall be in
the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan
agreements, security agreements and any other documents establishing the interest of the
applicant or any other person in the operation, acquisition or maintenance of the enterprise.
(6) The license fee as set forth in the annual fee schedule.
(7) The applicant shall disclose the nature of, and identifying information regarding all prior
criminal convictions or pending criminal charges for each person or business named in the
application. This disclosure shall also include the disposition of each conviction. Also each
person or business named in or as part of this application shall execute a written authorization
allowing the City to complete a criminal background investigation. These shall be on form
supplied by the City. Any criminal conviction can be considered as part of the application
process; however, disclosure of certain criminal convictions will result in denial of the
application. Those convictions include:
146tğŭĻ
(a) Any sex crimes as defined by M.S. §§ 609.29 through 609.352 inclusive, as may be
amended from time to time, or as defined by any ordinance or statute in conformity
therewith;
(b) Any obscenity crime as defined by M.S. §§ 617.23 through 617.299 inclusive, as may be
amended, or as defined by any ordinance or statute in conformity therewith, for which:
1. Less than two years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction, whichever is the later date,
if the conviction is of a misdemeanor offense;
2. Less than five years have elapsed since the date of the last conviction or the date
of release from confinement for the conviction, whichever is the later date, if the
conviction is a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date
of release from confinement for the last conviction, whichever is the later date, if
the conviction is of two or more misdemeanor offenses or combination of
misdemeanor offenses occurring within any 24-month period.
(c) The fact that a conviction is being appealed shall have no effect on disqualification of the
applicant or applicantÓs spouse.
(8) Each person or business named in or as part of this application shall execute a written
authorization allowing the city and/or the Chief of Police to verify all information disclosed as
part of the application.
(C) Requalification. An applicant who has been convicted of an offense that would disqualify the applicant
from receiving a license, may not again be issued a license until applicant can again meet all of the
requirements for licensure.
(D) Posting. The license, if granted, shall state on its face the name of the person or persons to whom it is
granted, the expiration date and the address of the adult-oriented business. The license shall be posted in
a conspicuous place at or near the entrance to the adult-oriented business so that it may be easily read at
any time.
(E) City Council action.
(1) The City Council shall act to approve or disapprove the license application within 120 days from
the date the application was submitted, provided that the application contains all of the
information required by this chapter.
(2) If the application is deficient, the City Council shall act on the application within 120 days from
the date that the deficiency has been corrected.
147tğŭĻ
(F)Appeals. Within 90 days after the decision by the City Council, the applicant may appeal to the district
court by serving a notice upon the Mayor or Administrator.
Ord. #61, adopted 12/27/1995
§ 110.08 FEES.
Fees shall be set by City Council resolution.
Ord. #61, adopted 12/27/1995
§ 110.09 INSPECTION.
(A) Access. An applicant or licensee shall permit health officials, representatives of the Police Department,
Fire Department and Building Inspection Division to inspect the premises of an adult-oriented business
for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
(B) Refusal to permit inspections. A person who operates an adult-oriented business or his or her agent or
employee commits an offense if he or she refuses to permit a lawful inspection of the premises by health
officials, representatives of the Police Department, Fire Department and Building Inspection Division at
any time it is occupied or open for business. Refusal to permit inspections may result in the suspension
of the license as provided in § 110.11.
(C) Exceptions. The provisions of this section do not apply to areas of an adult motel which are currently
being rented by a customer for use as a permanent or temporary habitation.
Ord. #61, adopted 12/27/1995
§ 110.10 LICENSE EXPIRATION AND RENEWAL.
(A) Expiration. Each license shall expire at the end of the calendar year and may be renewed only by
making application as provided in this chapter. Application for renewal must be made at least 60 days
before the expiration date of the current license.
(B) Denial of renewal. When the city denies renewal of a license, the applicant shall not be issued a license
for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of
the renewal license has been corrected or abated, the applicant may be granted a license if at least 90
days have elapsed since the date the denial became final.
Ord. #61, adopted 12/27/1995
§ 110.11 LICENSE SUSPENSION.
148tğŭĻ
(A) Causes of suspension. The city may suspend a license for a period not to exceed 30 days if it determines
that a licensee or an employee of a licensee has:
(1) Violated or is not in compliance with any provision of this chapter;
(2) Engaged in the use of alcoholic beverages while on the adult-oriented business premises other
than at an adult hotel or motel;
(3) Refused to allow an inspection of the adult-oriented business premises as authorized by this
chapter;
(4) Knowingly permitted gambling by any person on the adult-oriented business premises; or
(5) Demonstrated inability to operate or manage an adult-oriented business in a peaceful and law-
abiding manner, thus necessitating action by law enforcement officers.
(B) Notice. A suspension by the city shall be preceded by written notice to the licensee and a public
hearing. The notice shall give at least ten daysÓ notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The notice may be served upon the licensee
personally, or by leaving the same at the licensed business premises with the person in charge thereof.
Ord. #61, adopted 12/27/1995
§ 110.12 LICENSE REVOCATION.
(A) Suspended license. The city may revoke a license if a cause of suspension of this chapter occurs and the
license has been suspended within the preceding 12 months.
(B) Causes of revocation. The city shall revoke a license if it determines that:
(1) A licensee gave false or misleading information in the material submitted to the city during the
application process;
(2) A licensee or an employee has knowingly allowed possession, use or sale of controlled
substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operated the adult-oriented business during a period of
time when the licenseeÓs license was suspended;
(5) A licensee has been convicted of an offense that would prevent qualifying for an initial license;
(6) On two or more occasions within a 12-month period, a person or persons committed an offense
occurring in or on the licensed premises of sex or obscenity crimes for which a conviction has
149tğŭĻ
been obtained, and the person or persons were employees of the adult-oriented business at the
time the offenses were committed; or
(7) Except in an adult motel room rented to a patron, a licensee or an employee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on
the licensed premises.
(C) Appeals. The fact that a conviction is being appealed shall have no effect on the revocation of the
license.
(D) Notice. A revocation by the city shall be preceded by written notice to the licensee and a public hearing.
The notice shall give at least ten daysÓ notice of the time and place of the hearing and shall state the
nature of the charges against the licensee. The notice may be served upon the licensee personally, or by
leaving the same at the licensed premises with the person in charge thereof.
Ord. #61, adopted 12/27/1995
§ 110.13 TRANSFER OF LICENSE.
A licensee shall not transfer this license to another, nor shall a licensee operate an adult-oriented
business under the authority of a license at any place other than the address designated in the application.
Ord. #61, adopted 12/27/1995
150tğŭĻ
CHAPTER111:LIQUORREGULATIONS
Section
111.01 Adoption of state law by reference
111.02 City may be more restrictive than state law
111.03 Definitions
111.04 Nudity on the premises of licensed establishments is prohibited
111.05 Consumption in public places
111.06 Term and expiration of licenses
111.07 Kinds of liquor license
111.08 License fees; pro rata; payment; refunds retail license fees
111.09 Council discretion to grant or deny a license
111.10 Application for license
111.11 Description of premises
111.12 Applications for renewal
111.13 Transfer of license
111.14 Investigation
111.15 Hearing and issuance
111.16 Restrictions on issuance
111.17 Conditions of license
111.18 Hours and days of sale
111.19 Restrictions involving underage persons
111.20 Revocation or suspension of license
111.21 Hearing notice for revocation or suspension of license
111.22 Prohibited conditions
111.23 Inactive license
111.24 Building changes
111.25 Public character of liquor sales
111.26 Presumptive civil penalties
111.27 Effective date
§ 111.01 ADOPTION OF STATE LAW BY REFERENCE.
The provisions of M.S. Chapter 340A, as they may be amended from time to time, with reference to the
definitions, terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of
sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and
3.2 percent malt liquor are hereby adopted by reference and are made a part of this chapter as if set out in full.
It is the intention of the City Council that all future amendments to M.S. Chapter 340A are hereby adopted by
reference or referenced as if they had been in existence at the time this chapter is adopted.
Ord. #13, adopted 08/28/2002
151tğŭĻ
§ 111.02 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW.
The Council is authorized by the provisions of M.S. 340A.509, as it may be amended from time to time,
to impose, and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic
beverages within its limits beyond those contained in M.S. Chapter 340A, as it may be amended from time to
time.
Ord. #13, adopted 08/28/2002
§ 111.03 DEFINITIONS.
In addition to the definitions contained in M.S. Chapter 340A.101, as it may be amended from time to
time, the following terms are defined for purposes of this chapter.
DISPLAY. The keeping, storing or permitting to be kept or stored of an alcoholic beverage which has
been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area
of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a
normal storage area during non-sale hours.
INTEREST.
(A) Any pecuniary interest in the ownership, operation, management or profits of a liquor
establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements;
bona fide open accounts or other obligations held with or without security arising out of the
ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to
the establishment; or any interest of five percent or less in any corporation holding a city liquor
license.
(B) A person who receives monies, from time to time, directly or indirectly from a licensee in the
absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall
be deemed to have a pecuniary interest in the retail license. In determining Ðbona fide,Ñ the
reasonable value of the goods or things received as consideration for the payment of the licensee
and all other facts reasonably tending to prove or disprove the existence of any purposeful
scheme or arrangement to evade any prohibitions under this chapter shall be considered.
LICENSED PREMISES. The premises described in the approved license application. In the case of a
restaurant, club or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a
golf course, LICENSED PREMISES means the entire golf course except for areas where motor
vehicles are regularly parked or operated.
LIQUOR. Without modification by the words ÐintoxicatingÑ or Ð3.2 percent malt,Ñ includes both
intoxicating liquor and 3.2 percent malt liquor.
OPERATING MANAGER. A person designated by the license holder who works at the licensed
premises and is in charge of day-to-day liquor sales.
152tğŭĻ
PROPERLY DESIGNATED OFFICER. Means and includes:
(A) The City Fire Inspector or Fire Chief;
(B) The City Building Official, Building Inspector or Administrator; and
(C) The Health Inspectors employed by Anoka County or the State of Minnesota acting in the course
of the scope of their employment.
RESTAURANT. An eating facility, other than a hotel, under the control of a single proprietor or
manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is
provided, where a customer orders food from printed menus and where the main food course is served
and consumed while seated at a single location. An establishment which serves prepackaged food that
receives heat treatment and is served in the package or frozen pizza that is heated and served, shall be
considered to be a restaurant for the purposes of this chapter as long as it is currently licensed as such by
Anoka County.
UNDERAGE PERSON. A person who is under the legal drinking age as provided by M.S. Chapter
340A.
Ord. #13, adopted 08/28/2002
§ 111.04 NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS IS PROHIBITED.
(A) The City Council finds that it is in the best interests of both public health, safety and general welfare of
the people of the city that nudity is prohibited as provided in this section on the premises of any
establishment licensed under this chapter. This is to protect and assist the owner, operators and
employees of the establishment, as well as patrons and the public in general, from harm stemming from
the physical immediacy and combination of alcohol, nudity and sex. The Council especially intends to
prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of
various criminal conduct, including prostitution, sexual assault and disorderly conduct. The Council
also finds that the prohibition of nudity on the premises of any establishment licensed under this chapter,
as set forth in this section, reflects the prevailing community standards of the city.
(B) It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when
the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent
material. It is unlawful for any person to be on the licensed premises when the person does not have
their buttocks, anus, genitals and female breasts covered with a non-transparent material. This division
(B) shall also apply to non-alcohol under age events on the licensed premises.
(C) It is unlawful for any licensee to permit or allow any male and/or female swim suit competition on the
licensed premises during any non-alcohol underage event.
153tğŭĻ
(D) A violation of this section is a misdemeanor punishable as provided by law, and is justification for
revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a
civil penalty under the provisions of this chapter.
Ord. #13, adopted0 8/28/2002
§ 111.05 CONSUMPTION IN PUBLIC PLACES.
Except as otherwise provided for herein, no person shall consume intoxicating liquor or 3.2 percent malt
liquor in a public park, on any public street, sidewalk, trail, parking lot or alley, or in any public place other than
on the premises of an establishment licensed under this chapter, in a municipal liquor dispensary if one exists in
the city, or where the consumption and display of liquor is lawfully permitted.
Ord. #13, adopted 08/28/2002
§ 111.06 TERM AND EXPIRATION OF LICENSES.
(A) No person, except as otherwise provided in M.S. Chapter 340A, shall directly or indirectly deal in, sell,
keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor or wine as part of a commercial
transaction without first having received a license to do so as provided in this chapter; nor shall any
private club or public place, directly or indirectly, or upon any pretense or by any device, allow the
consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with
intoxicating liquor without first obtaining a license from the city as provided in this chapter.
(B) Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses,
shall expire on December 31 of each year unless another date is provided by ordinance. All licenses
shall expire on the same date. Temporary licenses expire according to their terms.
Ord. #13, adopted 08/28/2002
§ 111.07 KINDS OF LIQUOR LICENSE.
The following types of licenses may be issued up to the number specified in this chapter:
(A) On-sale 3.2 percent malt liquor license. On-sale 3.2 percent malt liquor licenses which may be issued
only to restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2
percent malt liquor with the incidental sale of tobacco and soft drinks;
(B) Off-sale 3.2 percent malt liquor license;
(C) Temporary 3.2 percent malt liquor license. Temporary 3.2 percent malt liquor licenses which may be
issued only to a club, charitable, religious or nonprofit organization;
154tğŭĻ
(D) Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses, which may be issued only to
exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before 5-
1-1994. The fee for an off-sale intoxicating liquor license established by the Council under § 111.08
shall be set by annual fee schedule adopted by Council which may be permitted by M.S. § 340A.408,
Subdivision 3, as it may be amended from time to time;
(E) On-sale intoxicating liquor license.
(1) On-sale intoxicating liquor licenses, which may be issued to the following establishments as
defined in M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels,
restaurants, bowling centers, clubs or congressionally chartered veterans organizations and
exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner
of Public Safety. The fee for club licenses established by the Council under § 111.08 shall not
exceed the amounts provided for in M.S. § 340A.408, Subdivision 2(b), as it may be amended
from time to time.
(2) The Council may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicating liquor off the licensed premises at a community festival held within the city under
the provisions of M.S. § 340.404, Subdivision 4b, as it may be amended from time to time.
(3) The Council may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or
social affair conducted on the premises of a sports, convention or cultural facility owned by the
city, under the provisions of M.S. § 340.404, Subdivision 4a, as it may be amended from time to
time.
(F) (DELETED, effective March 22, 2017).
(G) Combination on-sale/off-sale intoxicating liquor license. This license may be issued if the city has a
population less than 10,000;
(H) On-sale temporary intoxicating liquor license. Temporary on-sale intoxicating liquor licenses, with the
approval of the City Council, which may be issued only in connection with a social event sponsored by a
club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No
license shall be for longer than 4 consecutive days, and the city shall issue no more than 24 days worth
of temporary licenses to any 1 organization in 1 calendar year; and
(I) On-sale wine license. On-sale wine licenses which may be issued with the approval of the
Commissioner of Public Safety to: restaurants having facilities for seating at least 25 people at one time
and meet the criteria of M.S. § 340A.404, Subdivision 5, as it may be amended from time to time, and
which meet the definition of a restaurant in § 111.03; and to licensed bed and breakfast facilities which
meet the criteria in M.S. § 340A.401, Subdivision 1, as it may be amended from time to time. The fee
for an on-sale wine license established by the Council under the provisions of § 111.08 shall not exceed
one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale
wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor
with a content over 3.2 percent (strong beer) without an additional license.
155tğŭĻ
(J) Brew Pub On-Sale Intoxicating Liquor or On-Sale 3.2 Percent Malt Liquor Licenses. Brew Pub on-sale
intoxicating liquor or on-sale 3.2 percent malt liquor licenses may be issued, with the approval of the
Commissioner of Public Safety, to brewers who operate a restaurant in their place of manufacture and
who meet the criteria established at M.S.§340A.301, as may be amended from time to time. Sales under
this license at on-sale may not exceed 3,500 barrels per year.
Ord. #13, adopted 08/28/2002, Ord. 2d # 53, adopted 12/14/2011, Ord. 2d #85 adopted 3/22/2017.
§ 111.08 LICENSE FEES; PRO RATA; PAYMENT; REFUNDS RETAIL LICENSE FEES.
The annual fees for all licenses and temporary licenses are set forth by Council resolution.
(A) Limit. No license or other fee established by the city shall exceed any limit established by M.S. § 340A,
as it may be amended from time to time, for a liquor license.
(B) Fee.
(1) The Council may establish from time to time by ordinance or resolution the fee for any of the
liquor licenses it is authorized to issue.
(2) The license fee may not exceed the cost of issuing the license and other costs directly related to
the enforcement of the liquor laws and this chapter. No liquor license fee shall be increased
without providing mailed notice of a hearing on the proposed increase to all affected licensees at
least 30 days before the hearing.
(C) Prorated fees. The fee for all licenses, except temporary licenses, granted after the commencement of
the license year shall be prorated on a quarterly basis.
(D) Payment. All license fees shall be paid in full at the time the application is filed with the city. If the
application is denied, the license fee shall be returned to the applicant except for any costs incurred by
the city for investigation of the application/applicant.
(E) Refunds. License fees shall be refunded if an application for a license is denied by the City Council,
except where rejection is for a willful misstatement in the license application. No part of the fee paid for
any issued license shall be refunded except as authorized under M.S. § 340A.408, Subdivision 5, upon
application to the City Administrator within 20 days of the happening of any event provided under M.S.
§ 340A.408, Subdivision 5, and except as provided in division (D) above.
Ord. #13, adopted 08/28/2002
§ 111.09 COUNCIL DISCRETION TO GRANT OR DENY A LICENSE.
The Council in its sound discretion may either grant or deny the application for any license or for the
transfer or renewal of any license. No applicant has a right to a license under this chapter.
156tğŭĻ
Ord. #13, adopted 08/28/2002
§ 111.10 APPLICATION FOR LICENSE.
(A) Form.
(1) Every application for a license issued under this chapter shall be on a form provided by the city.
(2) Every application shall state the name of the applicant, the applicantÓs age, with references as the
Council may require, the type of license applied for, the business in connection with which the
proposed license will operate and its location, a description of the premises, whether the
applicant is owner and operator of the business, how long the applicant has been in that business
at that place and other information as the Council may require from time to time. An application
for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of
Public Safety and shall also contain the information required in this section. The form shall be
verified and filed with the city. No person shall make a false statement in an application.
(3) Every application shall disclose the nature of, and identifying information regarding all criminal
convictions or pending criminal charges for each person or business named in the application.
(B) Financial responsibility. Prior to the issuance of any license under this chapter, the applicant shall
demonstrate proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from
time to time, with regard to liability under M.S. § 340A.801, as it may be amended from time to time.
This proof will be filed with the city and Commissioner of Public Safety. Any liability insurance policy
filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may
be amended from time to time. Operation of a business which is required to be licensed by this chapter
without having on file with the city at all times proof of financial responsibility to include liquor
liability/dram shop, general liability and workers compensation insurance coverage is a cause for
revocation of the license. Proof of financial responsibility shall be given by filing one of the following:
(1) A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance
of not less than statutory requirements per policy year to cover each person, each occurrence,
property damage each occurrence, loss of means of support per person, loss of means of support
each occurrence and policy aggregate; or
(2) A certificate of the State Treasurer that the licensee has deposited with him or her $100,000 in
cash or securities which may legally be purchased by savings banks or trust funds having a
market value of $100,000.
(F)General liability. Proof of financial responsibility shall be given by filing a certificate that there is in
effect for the license period an insurance policy or pool providing at least $50,000 of coverage because
of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or
more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in
any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and
$100,000 for loss of means of support of two or more persons in any one occurrence.
157tğŭĻ
(G) WorkersÓ compensation insurance. The policy limits for workersÓ compensation insurance shall be as
provided for by state law.
(H) Insurance Certificate Requirements. Whenever an insurance certificate is required by this Chapter the
applicant shall file with the City Clerk a certificate of insurance showing (1) that the limits are at least as
high as required, (2) that coverage is effective for at least the license term approved, and (3) that such
insurance will not be cancelled or terminated without third daysÓ written notice served upon the City
Clerk. Cancellation or termination of such coverage shall be grounds for license revocation.
(I) Operating Manager. All corporations, partnerships and associations must designate an Operating
Manager. The Operating Manager must be a person designated by the licensed premises who is in
charge of day-to-day liquor sales.
(J) Execution of application.
(1) If the application is by an individual, it shall be signed and sworn to by such person; if by a
corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
incorporated association, by the operating officer or managing officer thereof. If the applicant is
a partnership, the application, license and insurance policy shall be made and issued in the name
of all partners. It shall be unlawful to make any false statement in an application.
(2) Falsification is a cause for revocation or denial of the license, and is a criminal offense
punishable as a misdemeanor.
(3) Each person or business named in or as part of this application shall execute a written
authorization allowing the city and/or the Chief of Police to verify all information disclosed as
part of the application.
Ord. #13, adopted 08/28/2002, Ord. 2d # 13, amended 10/11/2006
§ 111.11 DESCRIPTION OF PREMISES.
The application shall specifically describe the compact and contiguous premises within which liquor
may be dispensed and consumed. Except as for otherwise provided for herein.
Ord. #13, adopted 08/28/2002
§ 111.12 APPLICATIONS FOR RENEWAL.
(A) At least 90 days before a license issued under this chapter is to be renewed, an application for renewal
shall be filed with the city. The decision whether or not to renew a license rests with the sound
discretion of the Council. No licensee has a right to have the license renewed.
158tğŭĻ
(B) The general procedure for renewal is as follows.
(1) The applicant must obtain the required application from the City. The applicant must supply any
information required pursuant to this chapter for new applications, and will execute written
authorizations allowing the city and/or the Chief of Police to verify these disclosures.
(2) Licensees will return the required forms to the city by October 30.
(3) Applicants are responsible to verify information on citations and violations with the Chief of
Police prior to October 30 and submission to the city.
(4) The Council shall place on the agenda each year at the first scheduled Council meeting in
November to review and hear testimony by any interested individual or party concerning the
renewal of liquor licenses. This process allows for appeal of a denied license and the required
approval from the state prior to the December 31 license expiration date.
(5) Approvals are contingent upon licensee proof of required payment of insurances, property taxes
and city utility bills.
(6) The application shall specifically describe the compact and contiguous premises within which
liquor may be dispensed and consumed. Except as for otherwise provided for herein.
(7) The Chief of Police is requested to provide Council by October 15 each year, a summary of
officer calls and the nature of those calls to licensed establishments. The Chief of Police is also
requested to report a graphical depiction of alcohol related issues such as citations and arrests for
driving under the influence or alcohol related infractions for the previous three-year period.
(8) The City Administrator shall verify all information prior to issuing a license.
Ord. #13, adopted 08/28/2002
§ 111.13 TRANSFER OF LICENSE.
(A) No license issued under this chapter may be transferred without the approval of the Council. Any
transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock
without prior Council approval is a ground for revocation of the license. An application to transfer a
license shall be treated the same as an application for a new license, and all of the provisions of this
chapter applying to applications for a license shall apply.
(B) In the event of the death of a person holding a license, the personal representative of that person shall be
allowed to continue to operate the business within the terms of the license for a period not to exceed 180
days after the death of the licensee.
Ord. #13, adopted 08/28/2002
159tğŭĻ
§ 111.14 INVESTIGATION.
(A) Preliminary background investigation. On an initial application for a license, on an application for
transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, on
an application for renewal of a license, the city shall conduct a preliminary background investigation of
the applicant or it may contract with the Commissioner of Public Safety for the investigation. The
applicant shall pay with the application an investigation fee of $500 which shall be in addition to any
license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be
returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner
of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
(B) Comprehensive background investigation. If the results of the preliminary investigation warrant, in the
sound discretion of Council, a comprehensive background investigation, the Council may either conduct
the investigation itself or contract with the Commissioner of Public Safety for the investigation. The
investigation fee for this comprehensive background investigation to be paid by the applicant shall be
$500, less any amount paid for the initial investigation if the investigation is to be conducted within the
state, and $10,000, less any amount paid for the initial investigation, in the investigation is required
outside the state. The unused balance of the fee shall be returned to the applicant whether or not the
application is denied. The fee shall be paid in advance of any investigation and the amount actually
expended on the investigation shall not be refundable in the event the application is denied. The results
of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application
is for an on-sale intoxicating liquor license or an on-sale wine license.
Ord. #13, adopted 08/28/2002
§ 111.15 HEARING AND ISSUANCE.
(A) The Council shall investigate all facts set out in the application and not investigated in the preliminary or
comprehensive background investigations. Opportunity shall be given to any person to be heard for or
against the granting of the license at the first scheduled Council meeting in November for renewals or at
the time of review for a new application. After the investigation and hearing, the Council in its sound
discretion may grant or deny the application. No license shall become effective until the proof of
financial security has been approved by the Commissioner of Public Safety.
(B) Should the City Council deny the applicantÓs request for a license due, partially or solely, to the
applicantÓs prior conviction of a crime, the City Council shall notify the applicant of the grounds and
reasons for the denial; the applicable complaint and grievance procedure as set forth in M.S. § 364.06;
the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation
will be considered upon reapplication.
Ord. #13, adopted 08/28/2002
§ 111.16 RESTRICTIONS ON ISSUANCE.
(A) Each license shall be issued only to the applicant for the premises described in the application.
160tğŭĻ
(B) No license shall be granted or renewed for operation on any premises on which taxes, assessments,
utility charges, service charges or other financial claims of the city are delinquent and unpaid.
(C) No license shall be issued for any place or business ineligible for a license under state law.
(D) No new license shall be granted within 500 feet of any school. The distance is to be measured from the
closest side of the church or school to the closest side of the structure on the premises within which
liquor is to be sold. The provisions of this division (D) shall not apply to any existing license existing
on the effective date of this chapter or to the renewal of an existing license as long as the establishment
is in compliance with applicable zoning regulations. Further, this section shall apply to issuance of a
wine license or on-sale 3.2 percent malt liquor license issued to a restaurant.
Ord. #13, adopted 08/28/2002, Ord. 2d #35a, amended 05/12/2010
§ 111.17 CONDITIONS OF LICENSE.
(A) (1) Every licensee is responsible for the conduct of the place of business.
(2) The act of an employee on the licensed premises is deemed the act of the licensee as well,
and the licensee shall be liable to all penalties provided by this chapter equally with the
employee.
(B) The failure of the licensee to meet any one of the conditions of the license specified below shall result in
suspension of the license until the condition is met.
(1) Every licensee shall allow any peace officer or health officer to conduct compliance checks.
(2) No on-sale establishment shall display liquor to the public during the hours when the sale of
liquor is prohibited.
(3) Compliance with financial responsibility requirements of state law and this chapter is a
continuing condition of any license.
Ord. #13, adopted 08/28/2002
§ 111.18 HOURS AND DAYS OF SALE.
(A) The hours of operation and days of sale shall be as those set by M.S. § 340A.504, as it may be amended
from time to time.
(B) No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or
3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale
can legally occur.
161tğŭĻ
(C) No on-sale licensee shall permit any glass, bottle or other container containing intoxicating liquor or 3.2
percent malt liquor to remain upon any table, bar, stool or other place where customers are served, more
than 30 minutes after the time when a sale can legally occur.
(D) No person other than the licensee and any employee shall remain on the on-sale licensed premises more
than 30 minutes after the time when a sale can legally occur.
(E) Any violation of any condition of this section may be grounds for revocation of suspension of the
license.
Ord. #13, adopted 08/28/2002
§ 111.19 RESTRICTIONS INVOLVING UNDERAGE PERSONS.
(A) Generally. No licensee, his or her agent or employee shall serve or dispense upon the licensed premises
any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall the
licensee, or his or her agent or employee, permit any such person to be furnished or allowed to consume
any such liquors on the licensed premises; nor shall the licensee, his or her agent or employee, permit
any such person to be delivered any such liquors.
(B) Entrance. No person under the legal drinking age shall enter a licensed premises for the purpose of
purchasing or consuming any alcoholic beverage.
(C) Consumption or delivery. No person under the legal drinking age shall consume or receive delivery of
intoxicating or 3.2 percent malt liquor.
(D) Possession. No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt
liquor. Possession of an alcoholic beverage by a person under the legal drinking age at a place other
than the household of the parent or guardian is prima facie evidence of intent to consume it at a place
other than the household of the personÓs parent or guardian.
(E) Misrepresenting age. No underage person shall misrepresent the personÓs age for the purpose of
obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed
for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or
having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to
purchase, consume or have another person purchase for the underage person any intoxicating liquor or
3.2 percent malt liquor.
(F) Identification requirements.
(1) Identification required. Any person shall, upon demand of the licensee, his or her employee or
agent, produce and permit to be examined one of the forms of identification provided under M.S.
§ 340A.503, Subdivision 6.
(2) Prima facie evidence. In every prosecution for a violation of the provisions of this section
relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to
underage persons and in every proceeding before the Council with respect thereto, the fact that
162tğŭĻ
the underage person involved has obtained and presented to the licensee, his or her employee or
agent, a driverÓs license, passport or identification card from which it appears that the person was
not an underage person and was regularly issued the identification card, shall be prima facie
evidence that the licensee, his or her agent or employee is not guilty of a violation of such a
provision and shall be conclusive evidence that a violation, if one has occurred, was not willful
or intentional.
Ord. #13, adopted 08/28/2002
§ 111.20 REVOCATION OR SUSPENSION OF LICENSE.
The Council may suspend or revoke any license for the sale of intoxicating or 3.2 percent malt liquor for
any of the following reasons:
(A) False or misleading statements made on a license application or renewal, or failure to abide by the
commitments, promises or representations made to the City Council;
(B) Violation of any special conditions under which the license was granted, including, but not limited to,
the timely payment of real estate taxes, and all other charges;
(C) Violation of any federal, state or local law regulating the sale of intoxicating liquor, 3.2 percent malt
liquor or controlled substance;
(D) Creation of a nuisance on the premises or in the surrounding area;
(E) That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or
controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor
or 3.2 percent malt liquor; and/or
(F) Expiration or cancellation of any required insurance, or failure to notify the city within a reasonable time
of changes in the term of the insurance or the carriers.
Ord. #13, adopted 08/28/2002
§ 111.21 HEARING NOTICE FOR REVOCATION OR SUSPENSION OF LICENSE.
(A) Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted
in accordance with M.S. §§ 14.57 to 14.70.
(B) The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice
shall be given at least ten days prior to the hearing, include notice of the time and place of the hearing
and state the nature of the charges against the licensee.
Ord. #13, adopted 08/28/2002
163tğŭĻ
§ 111.22 PROHIBITED CONDITIONS.
(A) Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or
any adjoining building directly under the licenseeÓs control to be used by prostitutes.
(B) Controlled substances. No licensee shall knowingly permit the sale, possession or consumption of
controlled substances on the licensed premises in violation of state law.
(C) Gambling.
(1) Gambling and gambling devices, with the exception of licensed charitable gambling
organizations, are not permitted on licensed premises.
(2) State lottery tickets may be purchased and sold within licensed premises as authorized by the
Director of the State Lottery.
(C) Contests of pugilism on the premise of licensed establishments is prohibited.
(1) The City Council finds that it is in the best interests of public health, safety and general welfare
of the people of the city that Boxing, Ultimate Fighting or more generally, contests involving
pugilism or battery are prohibited as provided in this section on the premises of any
establishment licensed under this chapter. This is to protect and assist the owner, operators and
employees of the establishment, as well as patrons and the public in general, from harm
stemming from the physical immediacy and combination of alcohol and violence. The Council
especially intends to prevent any endorsement of assaultive behavior or activities likely to lead to
the possibility of various criminal conduct, including assault, battery, threatening behavior,
disorderly conduct, or public nuisance. The Council also finds that the prohibition of contests
involving pugilism or battery on the premises of any establishment licensed under this chapter,
as set forth in this section, reflects the prevailing community standards of the city.
(2) The City Council finds that it is in the best interests of enforcing its Liquor Regulations and
policing establishments which can serve intoxicating beverages that the previous Subdivision
shall also apply to non-alcoholic events on the licensed premises.
(3) A violation of this section is a misdemeanor punishable as provided by law, and is justification
for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the
imposition of a civil penalty under the provisions of this chapter.
Ord. #13, adopted 08/28/2002
§ 111.23 INACTIVE LICENSE.
164tğŭĻ
(A) The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any
establishment granted a license that is not under construction and exhibiting satisfactory progress toward
completion within six months from its issuance, or any establishment that ceases operation for a period
of six months.
(B) A hearing shall be held to determine what progress has been made toward opening or reopening the
establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license.
Ord. #13, adopted 08/28/2002
§ 111.24 BUILDING CHANGES.
(A) Proposed enlargement or substantial alteration which changes the character of the establishment, or
extension of premises previously licensed shall be reported to the City Administrator at or before the
time application is made for a building permit for any such change.
(B) The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an
amendment to the license.
Ord. #13, adopted 08/28/2002
§ 111.25 PUBLIC CHARACTER OF LIQUOR SALES.
No sale of liquor shall be made to or in guest rooms of hotels unless:
(A) The rules of the hotel provide for the service of meals in guest rooms;
(B) The sale of the liquor is made in the manner on-sales are required to be made;
(C) The sale accompanies and is incidental to the regular service of meals to guests therein; and/or
(D) The rules of the hotel and the description, location and number of the guest rooms are fully set out in the
application for the liquor license.
Ord. #13, adopted 08/28/2002
§ 111.26 PRESUMPTIVE CIVIL PENALTIES.
(A) Purpose. The purpose of this section is to establish a standard by which the City Council determines the
length of license suspensions and the propriety of revocations, and shall apply to all premises licensed
under this chapter. These penalties are presumed to be appropriate for every case; however, the Council
may deviate in an individual case where the Council finds that there exist substantial reasons making it
more appropriate to deviate, such as, but not limited to, a licenseeÓs efforts in combination with the state
165tğŭĻ
or city to prevent the sale of alcohol to minors. When deviating from these standards, the Council will
provide written findings that support the penalty selected.
(B) Minimum penalties for violations. The minimum penalties for convictions or violations must be
presumed as follows (unless specified, numbers below indicate consecutive daysÓ suspension).
(1) The following violations require revocation of the license on the first violation:
(a) Commission and/or of a felony related to the licensed activity;
(b) Sale of alcoholic beverages while license is under suspension; and
(c) Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.
(2) Any violation not listed in the previous information would be heard by the Council and they
would review all information and circumstances and determine a penalty with the maximum fine
of $2,000 and/or 60-day suspension or determine the license should be revoked.
(3) License holders have the right to request a hearing before the City Council if not in agreement
with the presumptive penalty. The City Administrator also has the right to request a hearing
before the Council if he or she or they believe there exists substantial reason making it
appropriate to deviate from the presumptive penalty. If the City Administrator and licensee
agree on the presumptive penalty, these will be reported to the City Council in a staff report.
(C) Multiple violations. At a licenseeÓs first appearance before the Council, the Council must act upon all of
the violations that have been alleged in the notice sent to the licensee. The Council in that case must
consider the presumptive penalty for each violation under the first appearance column in division (B)
above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in
the CouncilÓs discretion.
(D) Subsequent violations.
(1) Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be
treated as a separate violation and dealt with as a second appearance before the Council, unless
the City Administrator and licensee agree in writing to add the violation to the first appearance.
(2) The same procedure applies to a second, third or fourth appearance before the Council.
(E) Subsequent appearances.
(1) Upon a second, third or fourth appearance before the Council by the same licensee, the Council
may impose the presumptive penalty for the violation or violations giving rise to the subsequent
appearance without regard to the particular violation or violations that were the subject of the
first or prior appearance.
(2) However, the Council may consider the amount of time elapsed between appearances as a basis
for deviating from the presumptive penalty imposed by this section.
166tğŭĻ
(F)Computation of violations. Multiple violations are computed by checking the time period of the three
years immediately prior to the date of the most current violation.
(G) Other penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up
to 60 days, revoke the license, impose a civil fine not to exceed $2,000, to impose conditions or take any
other action in accordance with law; provided, that the license holder has been afforded an opportunity
for a hearing in the manner provided in this chapter.
(H) Notification. If a licensed establishment is cited for a violation of this chapter, the Chief of Police must
provide a letter of notification to the licensee and the City Council through the City Administrator within
30 days after the violation occurred.
(I) Regular penalty grid.
Type of License First Violation Second Violation Third Violation Fourth Violation
On-sale Intoxicating $500 and 5 Days $1,000 and 10 $2,000 and 15 Days Revocation
Liquor Suspension Days Suspension Suspension
Off-Sale Intoxicating $500 and 3 Days $1,000 and 7 Days $2,000 and 12 Days Revocation
Liquor Suspension Suspension Suspension
On-sale Beer and $500 and 5 Days $1,000 and 10 $2,000 and 15 Days Revocation
Wine Suspension Days Suspension Suspension
Off-sale 3.2 percent $1,000 and 10 $1,500 and 20 $2,000 and 40 Days Revocation
Malt Liquor Days Suspension Days Suspension Suspension
Ord. #13, adopted 08/28/2002
§ 111.27 EFFECTIVE DATE.
This chapter shall be effective immediately upon the date of its publication.
Ord. #13, adopted 08/28/2002
167tğŭĻ
CHAPTER112:PAWNBROKERS
Section
112.01 Definitions
112.02 Licenses required
112.03 License application, bond and fee
112.04 Site plan
112.05 Investigations
112.06 Public hearing
112.07 Persons and places ineligible for licenses
112.08 Conditional licenses
112.09 Death of licensee
112.10 Records required
112.11 Stolen goods; weapons
112.12 Holding items
112.13 Police orders
112.14 Hours of operation
112.15 Prohibited acts
112.16 Adequate signage
112.17 Denial, suspension or revocation of license
112.18 Redemption period
112.19 Provisions of state law adopted
112.99 Penalty
§ 112.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
PAWN SHOP. The location at which or premises in which a pawnbroker regularly conducts business.
PAWN TRANSACTION. Any loan on the security of pledged goods or any purchase of pledged goods
on the condition that the pledged goods are left with the pawnbroker and may be redeemed or
repurchased by the seller for a fixed price within a fixed period of time.
PAWNBROKER. A person engaged in whole or in part in the business of lending money on the
security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be
left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time.
168tğŭĻ
PERSON. An individual, partnership, corporation, limited liability company, joint venture, trust,
association or any other legal entity, however organized.
PLEDGED GOODS. Tangible personal property other than chooses in action, securities, bank drafts or
printed evidence of indebtedness that are purchased by, deposited with or otherwise actually delivered
into the possession of a pawnbroker in connection with a pawn transaction.
SECONDHAND GOODS DEALER. A person engaged in the business of buying or selling
secondhand goods of any kind (excluding motor vehicles), but not including used goods and
merchandise taken as part or full payment for new goods and merchandise.
Ord. #64, adopted 08/13/1997
§ 112.02 LICENSES REQUIRED.
(A) Generally.
(1) No person shall exercise, carry on or be engaged in the trade or business of a pawnbroker,
precious metal dealer or Class A or Class B secondhand goods dealer within the city unless the
person is currently licensed as provided in this chapter.
(2) A license shall be issued by the City Council for a term ending December 31 of the year issued.
(3) A single license may be issued to a corporation, limited liability company or partnership
covering all of its employees or agents; provided, however, that the requirement of this chapter
for a bond is provided for an individual who will act as a pawnbroker or secondhand goods
dealer. The city shall issue one license and the license shall be reviewed annually.
(B) Exemptions. Pawnbrokers and secondhand goods dealers shall not apply to or include the following:
(1) The sale of secondhand goods where all of the following are present:
(a) The sale is held on property occupied as a dwelling by the seller, or owned, rented or
leased by a charitable or political organization;
(b) That no sale exceeds a period of 72 consecutive hours;
(c) The items offered for sale are owned by the occupant;
(d) No more than four sales are held in any 12-month period; and
(e) None of the items offered for sale have been purchased for resale or received on
consignment for purpose of resale.
(2) The sale of secondhand books or magazines, sport trading cards, sound or video recordings, or
films;
169tğŭĻ
(3) The sale of goods at an auction held by a licensed auctioneer;
(4) Sales by a person licensed as a motor vehicle dealer;
(5) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place
of business or of goods sold at open sale from bankrupt stock;
(6) Goods at a public or farmerÓs market;
(7) Goods sold at an exhibition; provided, that the exhibition does not last longer than ten days in
any 12-month period;
(8) The sale of furniture, clothing and related accessories;
(9) Sales made by the Sheriff or other public officials in the discharge of their official duties;
(10) Sales made by assignees or receivers appointed in the state to make sales for the benefit
of creditors; and
(11) Any bank regulated by the state, the comptroller of the currency of the United States, the
Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System or
any other federal or state authority and their affiliates; any bank or savings association whose
deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, or
any successor to it, and all affiliates of those banks and savings associations; any state or
federally chartered credit union; and any industrial loan and thrift company or regulated lender
subject to licensing and regulation by the Department of Commerce.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.03 LICENSE APPLICATION, BOND AND FEE.
(A) Application. No person shall exercise, carry on or be engaged in the trade or business of pawnbroker,
precious metal dealer or Class A or Class B secondhand goods dealer within the city unless the person is
currently licensed as provided in this chapter.
(1) Contents. A license applicant must complete an application form provided by the city. The
application must be in a form and request information of the applicant as determined by the City
Council. In addition to any information which may be required by the City Council, the
application shall contain the following information:
(a) The name, permanent address and telephone number of the applicant and of all persons
who will be acting on behalf of the applicant in the city;
170tğŭĻ
(b) Whether applicant has ever used or been known by a name other than his or her true
name and, if so, what was that name or names, and information concerning dates and
places where used;
(c) The type of business and a written description of the nature of the business and the goods
or services to be sold or solicited;
(d) The length of time for which the right to do business is desired and a description of the
hours the applicant desires to do business;
(e) The name of the business if it is to be conducted under a designation, name or style other
than the full individual name of the applicant;
(f) Kind, name and location of every business or occupation applicant has been engaged in
during the preceding five years;
(g) Names and addresses of applicantÓs employers and partners, if any, for the preceding five
years;
(h) Whether applicant has ever been convicted of, or charged with a felony, gross
misdemeanor or misdemeanor, including traffic violations, and if so, the date and place of
conviction, the nature of the offense, and identifying information such as a ticket number
or case number;
(i) At least four character references from residents of the state; and
(j) Furnish any other information the city deems necessary.
(2) Execution. If the applicant is a natural person, the application must be signed and sworn to by
the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner.
(3) Fee. The application must be accompanied by the required license fee and the established fee for
investigation. The annual license fee, but not the investigation fee, will be returned to the
applicant if the application is rejected or denied.
(4) False statements. It is unlawful to knowingly make a false statement in the license application.
In addition to all other penalties, the license may be denied or subsequently revoked by the City
Council for a violation of this section.
(5) Written Authorizations. Each person or business named in or as part of this application shall
execute a written authorization allowing the city and/or the Chief of Police to verify all
information disclosed as part of the application.
(B) Bond. A pawnbroker or secondhand goods dealer license will not be issued unless the applicant files
with the city a bond with corporate surety, cash or a United States government bond in the amount of
$5,000 for a secondhand goods dealer license. The bond must be conditioned on the licensee obeying
the laws and ordinances governing the licensed business and paying all fees, taxes, penalties and other
171tğŭĻ
charges associated with the business. The bond must provide that it is forfeited to the city upon a
violation of law or ordinance.
(C) Fee.
(1) Pawnbroker. The annual fee for the license shall be established by resolution, and the annual
license fee shall be paid prior to issuance of license.
(2) Secondhand goods dealer. The annual fee for this license shall be established by resolution, and
the annual license fee shall be paid prior to issuance of license.
(3) Investigation fee.
(a) In addition to the annual fee, the City Council may establish by resolution an
investigation fee to be paid upon initial application and upon any change in ownership.
(b) Change in ownership shall include, in the case of a partnership, a change in identity of
any partner and in the case of a corporation, a change in ownership of more than five
percent of shares.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.04 SITE PLAN.
(A) The application for a pawnbroker or secondhand goods dealer license must be accompanied by a site
plan drawn to scale.
(B) The site plan must contain:
(1) A legal description of the property upon which the proposed licensed premises is situated;
(2) A plot plan;
(3) The exact location of the licensed premises on the property, customer and employee parking
areas, accesses onto the property and entrance into the premises;
(4) The location of and distance from the nearest church, school, hospital and residence;
(5) A floor plan of the licensed premises; and
(6) Must comply with the zoning code.
Ord. #64, adopted 08/13/1997
172tğŭĻ
§ 112.05 INVESTIGATIONS.
(A) Preliminary investigation. The city, prior to the granting of an initial or renewed pawnbroker or
secondhand goods dealer license, must conduct a preliminary background and financial investigation of
the applicant. Any person having a beneficial interest in the license must be investigated. The
investigation shall be conducted by the Chief of Police and the results reported to the City Council. The
Chief of Police or his or her designee must verify the facts stated in the application, and must report all
convicted violations of any state laws, federal laws or municipal ordinances involving the applicant,
interested persons or the licensed premises while under the applicantÓs proprietorship.
(B) Fee. The fee charged by the city to an applicant for the cost of investigation is established by the City
Council. At the time of each original application for a license, the applicant shall each pay a minimum
investigation fee as set by the City Council from time to time. This investigation fee shall not be subject
to refund. If the expenses of the investigation exceeds the fee which the city deems necessary to
complete the cityÓs investigation of the applicant, the applicant shall pay an additional investigation fee
within a five-day period, or the city shall discontinue consideration of the application. Nonpayment of
any additional investigation fees required shall be grounds for denial of the application.
(C) Inspections. A peace officer or any properly designated employee of the city or state may enter and
search business premises licensed under this section during business hours without a warrant.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.06 PUBLIC HEARING.
(A) A pawnbroker or secondhand goods dealer license will not be issued or renewed without a public
hearing. Any person having an interest in or who will be affected by the proposed license will be
permitted to testify at the hearing.
(B) The public hearing must be preceded by at least ten daysÓ published notice specifying the location of the
proposed licensed business premises.
Ord. #64, adopted 08/13/1997
§ 112.07 PERSONS AND PLACES INELIGIBLE FOR LICENSES.
(A) Persons. A pawnbroker or secondhand goods dealer license will not be issued to:
(1) A person under 18 years of age;
(2) A person not a citizen of the United States or a resident alien, or upon whom it is impractical to
conduct a background and financial investigation due to the unavailability of information;
173tğŭĻ
(3) A person who has been convicted of any state or federal law relating to receiving stolen property,
sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to
property, operation of a business, crimes of violence or any law or ordinance regulating the
business of pawnbroker, secondhand goods dealers or precious metal dealers or any other
conviction relating in a sentence of 1 year or greater;
(4) A person who is not of good moral character or repute;
(5) When the City Council determines, after investigation and public hearing, that issuance or
renewal of the license would adversely affect the public health, safety or welfare;
(6) A person who holds an intoxicating liquor license under city ordinance; or
(7) A person who within the preceding five years of the license application date had a pawnbroker or
secondhand goods dealer license revoked.
(B) Places. A license will not be issued or renewed under this section for any place or for any business:
(1) If taxes, assessments or other financial claims of the city or the state on the licenseeÓs business
premises are delinquent and unpaid;
(2) During the term of this chapter, no pawn shop business shall be located less than 500 feet from
any residential zoning district boundary or site used for residential purposes, and less than 500
feet from any church site, from any school site, from any daycare facility or from any park which
is adjacent to property zoned residential. For purposes of this chapter, this distance shall be a
horizontal measurement from the nearest existing residential district boundary or site used for
residential purposes, church site, school site, daycare site or a park site to the nearest boundary of
the proposed pawn shop business site;
(3) Where operation of a licensed premises would violate zoning ordinances; or
(4) Where the applicantÓs present license was issued conditioned upon the applicant making specific
improvements to the licensed premises or the property of the licensed premises, which
improvements have not been completed.
Ord. #64, adopted 08/13/1997
§ 112.08 CONDITIONAL LICENSES.
(A) The City Council may grant an application for a new or renewed pawnbroker or secondhand goods
dealer license conditioned upon the applicant making reasonable improvements to the proposed business
premises or the property upon which the business premises is situated.
(B) The City Council, in granting a conditional license, will specify when the modifications must be
completed. Failure to comply with the conditions of the license is grounds for the City Council to refuse
to renew the license.
174tğŭĻ
Ord. #64, adopted 08/13/1997
§ 112.09 DEATH OF LICENSEE.
(A) In the case of the death of a licensee, the personal representative of the licensee may continue operation
of the business for not more than 90 days after the licenseeÓs death.
(B) Continuation after 90 days requires completion of a new application process.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.10 RECORDS REQUIRED.
(A) Generally. Each licensee shall keep a record of each transaction made in the course of their business.
The licensee shall deliver a true and correct copy of each transaction to the Chief of Police or his or her
designee according to a timetable established by the Chief of Police. The licensee shall immediately and
legibly record in English the following information by using ink or other indelible medium on forms or
in computerized record approved by the city:
(1) The full name, address, telephone number and date of birth of the person from whom the item
was received;
(2) The time and date of transaction;
(3) A complete description of the item pledged or sold, including but not limited to any trademark,
identification number, model number, brand name or other identifying marks and the purchase
price;
(4) A physical description of the person paying or selling the item including race, sex, height,
weight, color of eyes and color of hair;
(5) The amount of money paid or advanced for the item;
(6) The photograph and signature of the person pledging or selling the item;
(7) The identification number from any of the following forms of identification of the seller: valid
driverÓs license containing a picture, state identification card, picture identification issued by the
state of residency of the person from whom the item was received; and
(8) Any other information the Chief of Police or his or her designee shall require.
(B) Printed pawn ticket. The following shall be printed on all pawn tickets.
175tğŭĻ
(1) (a) The statement that ÐAny personal property pledged to a pawnbroker within this
state is subject to a sale or disposal when there has been no payment made on the
account for a period of not less than 60 days past the date of the pawn transaction,
renewal, or extension; no further notice is necessary.
(b) There is no obligation for the pledge to redeem pledged goods.Ñ
(2) The statement that ÐThe pledger of this item attests that it is not stolen, it has no liens or
encumbrances against it, and the pledger has the right to sell or pawn the item.Ñ
(3) The statement that ÐThis item is redeemable only by the pledger to whom the receipt was issued,
or any person identified in a written and notarized authorization to redeem the property identified
in the receipt, or a person identified in writing by the pledger at the time of the initial transaction
and signed by the pledger. Written authorization for release of property to persons other than the
original pledger must be maintained along with the original transaction record.Ñ
(4) A blank line for the pledgerÓs signature.
(C) Receipt. A licensed secondhand goods dealer or pawnbroker must provide a receipt to the seller or
pledger of any items which includes the name, address, phone number of the business, the date,
description of the item purchased and the purchaserÓs signature.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.11 STOLEN GOODS; WEAPONS.
(A) Stolen goods. A licensed pawnbroker or secondhand goods dealer must report immediately to the police
any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe
that the article was stolen or lost. If any goods, articles or things shall be advertised in any public
newspaper of the city as having been lost or stolen, and the goods, articles or things shall then come into
the possession of any licensee, a supplemental report will go into the licenseeÓs daily report for that day
to the designated Chief of Police or his or her designee giving information in writing that certain goods,
articles or things advertised are in the licenseeÓs possession, and shall not dispose of the same except
upon written authority to do so from the Chief of Police or his or her designee. The Police Chief or his
or her designee shall have the authority to immediately seize any stolen property.
(B) Weapons. A licensed pawnbroker or secondhand goods dealer may not receive as a pledge or otherwise
accept for consignment or sale any revolver, pistol, sawed-off shotgun, automatic rifle, blackjack,
switchblade knife, throwing stars, nunchakus, martial arts weapons or other similar weapons or firearms.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
176tğŭĻ
§ 112.12 HOLDING ITEMS.
An item received by a secondhand goods dealer or pawnbroker for which a report to the police is
required may not be sold or otherwise transferred for a period of 30 days after the date of the report to the
police. However, an individual may redeem an item pawned 72 hours after the item was received on deposit,
excluding Sundays and legal holidays.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.13 POLICE ORDERS.
If a city police officer notifies a dealer not to sell an item, the item may not be sold or removed from the
licensed premises until authorized to be released by the police.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.14 HOURS OF OPERATION.
(A) No property shall be received as a pledge or purchase by any pawnbroker or secondhand goods dealer,
nor shall any property be sold by a pawnbroker or secondhand goods dealer, from 9:00 p.m. Saturday to
7:00 a.m. Monday, nor on any other date before 7:00 a.m., nor on any day after 9:00 p.m.
(B) Further, no pawnbroker or secondhand goods dealer shall be open for business on Christmas Day,
Thanksgiving Day or on a Sunday.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.15 PROHIBITED ACTS.
(A) Minor.
(1) A minor may not sell or consign or attempt to sell or consign goods with a secondhand goods
dealer or pawnbroker.
(2) A secondhand goods dealer or pawnbroker may not receive goods from a minor.
(B) Others. A secondhand goods dealer or pawnbroker may not receive any goods from a person of
unsound mind or an intoxicated person.
177tğŭĻ
(C) False entries. A secondhand goods dealer or pawnbroker may not make any false entry in his or her
records of the transactions.
(D) Serial numbers. No licensee, agent or employee of a licensee shall purchase, accept or receive any
article of property which contains an altered or obliterated serial number or an article of property whose
serial number has been removed.
(E) Security interests.
(1) No licensee, agent or employee of a licensee shall purchase, accept or receive any article of
property knowing, or having reason to know, that the article of property is encumbered by a
security interest.
(2) For the purpose of this section, SECURITY INTEREST means an interest in property which
secures payment or other performance of an obligation.
(F) Owner of property. No licensee, agent or employee of a licensee shall purchase, accept or receive any
article of property from any person knowing, or having reason to know, that the person is not the true
and correct owner of the property.
(G) Valid driverÓs license or photo identification card. No licensee, agent or employee of a licensee shall
purchase, accept or receive any article of property from any person without first having examined a
valid photo driverÓs license or a valid photo identification card issued by the state of residency of the
person.
(H) Conduct of persons on licensed premises.
(1) No person may pawn, pledge, sell, leave or deposit any article of property not his or her own;
nor shall any person pawn, pledge, sell, leave or deposit the property of another, whether with
permission or without; nor shall any person pawn, pledge, sell, leave or deposit any article of
property in which another has a security interest with any licensee; and
(2) No person seeking to pawn, pledge, sell, leave or deposit any article of property with any
licensee shall give a false or fictitious name; give a false date of birth; give a false or out-of-date
address of residence or telephone number; nor present a false driverÓs license or identification
card to any licensee.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.16 ADEQUATE SIGNAGE.
All licensees shall by adequate signage inform persons seeking to pawn, pledge, sell, leave or deposit
articles of property with the licensee of the following requirements. For the purpose of this section,
ADEQUATE SIGNAGE shall be deemed to mean at least one sign, of not less than four square feet in surface
178tğŭĻ
area, comprised of lettering of not less than three-fourths inch in height, posted in a conspicuous place on the
licensed premises and stating substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS.
YOU MUST PRESENT VALID PHOTO IDENTIFICATION.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
§ 112.17 DENIAL, SUSPENSION OR REVOCATION OF LICENSE.
A license under this section may be denied, suspended or revoked by the City Council after a public
hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons:
(A) The operation of the business is in conflict with any provision of this code;
(B) The operation of the business is in conflict with any health, building, building maintenance, zoning or
any other provision of this code or law;
(C) The licensee or the business premises fails to conform with the standards for license application
contained in this section;
(D) The licensee has failed to comply with 1 or more provisions of this section or any statute, rule or
ordinance pertaining to the businesses of pawnbroker or secondhand goods dealer;
(E) Fraud, misrepresentation or bribery in securing a license;
(F) Fraud, misrepresentation or false statements in the course of the applicantÓs business;
(G) Subject who has been convicted of any state or federal law relating to receiving stolen property, sale of
stolen property or controlled substance, burglary, robbery, theft, damage or trespass of property,
operation of a business, crimes of violence, or any law or ordinance regulating the business of
pawnbrokers, secondhand goods dealers or precious metal dealers, or any other conviction relating in a
sentence of one year or greater; and/or
(H) No outside display of merchandise.
Penalty, see § 112.99
Ord. #64, adopted 08/13/1997
179tğŭĻ
§ 112.18 REDEMPTION PERIOD.
A person who pawns an item shall have at least five months to redeem the item before it may be sold.
Ord. #64, adopted 08/13/1997
§ 112.19 PROVISIONS OF STATE LAW ADOPTED.
Except where this section contains a different provision, the provisions of state law relating to
pawnbrokers and secondhand goods dealers are adopted and made part of this section as if set out in full. In the
event of any conflict between this section and the provisions of the state law, the provision with the more
stringent requirement of the licenses shall prevail.
Ord. #64, adopted 08/13/1997
§ 112.99 PENALTY.
Any person who violates this chapter shall be guilty of a misdemeanor and upon conviction thereof shall
be punished according to prevailing state laws.
Ord. #64, adopted 08/13/1997
180tğŭĻ
CHAPTER113:PEDDLERS,SOLICITORSANDTRANSIENTMERCHANTS
Section
113.01 Definitions
113.02 Exceptions to definitions
113.03 Licensing or registration
113.04 License or registration ineligibility
113.05 License or registration suspension and revocation
113.06 License or registration transferability
113.07 Registration
113.08 Prohibited activities
113.09 Exclusion by placard
§ 113.01 DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
CONTRIBUTION SOLICITATION. An attempt by a solicitor to obtain money from a solicitee for any
cause or purpose, when the solicitor or person acting for him or her contacts the solicitee in person at the
soliciteeÓs address, except: an attempted solicitation in which the solicitee personally knows the identity
of the solicitor, the name of the organization he or she represents, and the identity of the services
performed or offered by the organization; or an attempted solicitation in which the solicitee has first
initiated the contact with the solicitor or the organization represented by him or her.
PEDDLER. A person who goes from house to house, door to door, business to business, street to street
or any other type of place to place, for the purpose of offering for sale, displaying or exposing for sale,
selling or attempting to sell and delivering immediately upon sale the goods, wares, products,
merchandise or other personnel property that the person is carrying or otherwise transporting. The term
PEDDLER shall mean the same as the term HAWKER.
PERSON. Any natural individual, group, organization, corporation, partnership or association. As
applied to groups, organizations, corporations, partnerships and associations, the term shall include each
member, officer, partner, associate, agent or employee.
REGULAR BUSINESS DAY. Any day during which the City Hall is normally open for the purpose of
conducting public business. Holidays defined by state law shall not be counted as REGULAR
BUSINESS DAYS.
181tğŭĻ
SOLICITOR. A person who goes from house to house, door to door, business to business, street to
street or any other type of place to place, for the purpose of obtaining or attempting to obtain orders for
goods, wares, products, merchandise other personal property or services of which he or she may be
carrying or transporting samples, or that may be described in a catalog or by other means, and for which
delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove
a person from the scope of this provision if the actual purpose of the personÓs activity is to obtain or
attempt to obtain orders as discussed above. The term shall mean the same as the term CANVASSER.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer,
boxcar, tent, other portable shelter or empty storefront for the purpose of exposing or displaying for sale,
selling or attempting to sell and delivering goods, wares, products, merchandise or other personal
property, and who does not remain or intend to remain in any one location for more than 14 consecutive
days.
§ 113.02 EXCEPTIONS TO DEFINITIONS.
(A) (1) For the purpose of the requirements of this chapter, the terms PEDDLER, SOLICITOR
and TRANSIENT MERCHANT shall not apply to any person selling or attempting to
sell at wholesale any goods, wares, products, merchandise or other personal property to a
retailer of the items being sold by the wholesaler.
(2) The terms also shall not apply to any person who makes initial contacts with other people
for the purpose of establishing or trying to establish a regular customer delivery route for
the delivery of perishable food and dairy products such as baked goods and milk, nor
shall they apply to any person making deliveries of perishable food and dairy products to
the customers on his or her established regular delivery route.
(B) (1) In addition, persons conducting the type of sales commonly known as garage sales,
rummage sales or estate sales, as well as those persons participating in an organized
multi-person bazaar or flea market, shall be exempt from the definitions of PEDDLERS,
SOLICITORS and TRANSIENT MERCHANTS, as shall be anyone conducting an
auction as a properly licensed auctioneer, or any officer of the court conducting a court-
ordered sale.
(2) Exemption from the definitions for the scope of this chapter shall not excuse any person
from complying with any other applicable statutory provision or local ordinance.
§ 113.03 LICENSING OR REGISTRATION.
(A) County license required. No person shall conduct business as a peddler, solicitor or transient merchant
within the city limits without first having obtained the appropriate license from the county as required by
M.S. Ch. 329, as it may be amended from time to time.
182tğŭĻ
(B) City license or registration required. Except as otherwise provided for by this chapter, no person shall
conduct business as either a peddler or a transient merchant without first having obtained a license from
the city. No person shall engage in contribution solicitation unless they have submitted an application
for and been registered with the city.
(C) Application. Application for a city license to conduct business as a peddler or transient merchant or to
be registered for contribution solicitation shall be made at least 14 days before the applicant proposes to
conduct the licensed or registered activity. Application shall be made on forms supplied by the city.
The application shall include the names and addresses of all persons that will be conducting the licensed
or registered activity, prior locations where similar activities have been conducted, the dates that the
activities are proposed to be conducted and the other information and the city may require as a condition
of licensing or registration. All applicants must disclose whether applicant has ever been convicted of, or
charged with a felony, gross misdemeanor or misdemeanor, including traffic violations, and if so, the
date and place of conviction, the nature of the offense, and identifying information such as a ticket
number or case number.
(1) Written Authorizations. Each person or business named in or as part of this application shall
execute a written authorization allowing the city and/or the Chief of Police to verify all
information disclosed as part of the application.
(2) False statements. It is unlawful to knowingly make a false statement in the license application
and is punishable as a misdemeanor criminal offense. In addition to all other penalties, the
license may be denied or subsequently revoked by the City Council for a violation of this
section.
(D) Fee. All applications for a license or registration under this chapter shall be accompanied by the fee
established by resolution of the City Council.
(E) Procedure. Upon receipt of the completed application and payment of the license or registration fee, the
Administrator, within two regular business days, must determine if the application is complete. An
application is determined to be complete only if all required information is provided. If the
Administrator determines that the application is incomplete, the Administrator must inform the applicant
of the required necessary information that is missing. If the application is complete, the Administrator
must order any investigation, including background checks, necessary to verify the information provided
with the application. Within ten regular business days of receiving a complete application, the
Administrator must issue the license or registration, unless there exist grounds for denying the same, in
which case the Administrator must deny the license or registration. If the Administrator denies the
license or registration, the applicant must be notified in writing of the decision, the reason for denial and
of the applicantÓs right to appeal the denial by requesting, within 20 days of receiving notice of
rejection, a public hearing before the City Council. The City Council shall hear the appeal within 20
days of the date of the request. The decision of the City Council following the public hearing can be
appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari.
(F)Duration. A license or registration granted under this chapter shall be valid for the period for which it is
issued, but in no event longer than to the end of the calendar year in which it is issued.
(G) License exemptions.
183tğŭĻ
(1) No license shall be required for any person to sell or attempt to sell, or to take or attempt to take
orders for any product grown, produced, cultivated or raised on any farm when the grower or his
or her direct employee is attempting to make the sale.
(2) No license shall be required of any person going from house to house, door to door, business to
business, street to street or other type of place to place when the activity is for the purpose of
exercising that personÓs state or federal constitutional rights such as the freedom of speech, press,
religion and the like, except that this exemption may be lost if the personÓs exercise of
constitutional rights is merely incidental to a commercial activity.
(3) Professional fundraisers working on behalf of an otherwise exempt person or group shall not be
exempt from the licensing or registration requirements of this chapter.
§ 113.04 LICENSE OR REGISTRATION INELIGIBILITY.
The following shall be grounds for denying a license or registration under this chapter:
(A) The failure of the applicant to obtain and show proof of having obtained any required county license,
where required;
(B) The failure of the applicant to truthfully provide any of the information requested by the city as a part of
the application; the failure to sign the application; or the failure to pay the required fee at the time of
application;
(C) The conviction of the applicant within the past five years from the date of application for any violation
of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the
personÓs ability to conduct the business or activity for which the license or registration is being sought in
an honest and legal manner. Those violations shall include but not be limited to burglary, theft, larceny,
swindling, fraud, unlawful business practices and any form of actual or threatened physical harm against
another person;
(D) The revocation within the past five years of any license or registration issued to the applicant for the
purpose of conducting business as a peddler, solicitor or transient merchant; or
(E) The applicant is found to have a bad business reputation. Evidence of a bad business reputation shall
include but not be limited to the existence of more than three complaints against the applicant with the
Better Business Bureau, the Attorney GeneralÓs office, or other similar business or consumer rights
office or agency, within the preceding 12 months, or three complaints filed against the applicant within
the preceding five years.
§ 113.05 LICENSE OR REGISTRATION SUSPENSION AND REVOCATION.
184tğŭĻ
(A) Generally. Any license or registration issued under this section may be suspended or revoked at the
discretion of the City Council for violation of any of the following:
(1) Fraud, misrepresentation or incorrect statements on the application form;
(2) Fraud, misrepresentation or false statements made during the course of the licensed or registered
activity;
(3) Conviction of any offense for which granting of a license or registration could have been denied
under this chapter; or
(4) Violation of any provision of this chapter.
(B) Multiple persons under one license or registration. The suspension or revocation of any license or
registration issued for the purpose of authorizing multiple persons to conduct activities as solicitors,
peddlers or transient merchants shall serve as a suspension or revocation of each authorized personÓs
authority to conduct activities as a solicitor, peddler or transient.
(C) Notice. Prior to revoking or suspending any license or registration issued under this chapter, the city
shall provide the license or registration holder with written notice of the alleged violations and inform
them of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by
mail to the permanent address listed on the application for license or registration.
(D) Public hearing. Upon receiving the notice of suspension or registration, the licensed or registered
person shall have the right to request a public hearing. If no request for a hearing is received by the
Administrator within ten regular business days following the service of the notice, the city may proceed
with the suspension or revocation. For the purpose of mailed notices, service shall be considered
complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated
timeframe, a hearing shall be scheduled within 20 days from the date of the request. Within three
regular business days of the hearing, the City Council shall notify the licensee of its decision.
(E) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public
may occur because of the actions of a solicitor, peddler or transient merchant licensed or registered
under this chapter, the City Council may immediately suspend the personÓs license and provide notice of
the right to hold a subsequent public hearing as prescribed in this section.
(F) Appeals. Any person whose license is suspended or revoked under this section shall have the right to
appeal that decision in court.
§ 113.06 LICENSE OR REGISTRATION TRANSFERABILITY.
No license or registration issued under this chapter shall be transferred to any person or entity.
185tğŭĻ
§ 113.07 REGISTRATION.
(A) Any person who engages in contribution solicitation shall secure a Ðregistration certificateÑ from the
city.
(B) No fee shall be charged for registration.
§ 113.08 PROHIBITED ACTIVITIES.
The following are unlawful acts by a solicitor, peddler or transient merchant:
(A) Calling attention to his or her business or items to be sold by means of blowing any horn or whistle,
ringing any bell, crying out or by any other noise, so as to be unreasonably audible within an enclosed
structure;
(B) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other
public right-of-way;
(C) Conducting business in a way as to create a threat to the health, safety and welfare of any individual or
the general public;
(D) Conducting licensed or registered activities before 7:00 a.m. or after 9:00 p.m.;
(E) Failing to provide proof of license or registration, and identification, when requested; or using the
license or registration of another person;
(F) Making any false or misleading statements about the product or service being sold, including untrue
statements of endorsement. No peddler, solicitor or transient merchant shall claim to have the
endorsement of the city solely based on the city having issued a license or certificate of registration to
that person; or
(G) Remaining on the property of another when requested to leave, or to otherwise conduct business in a
manner a reasonable person would find obscene, threatening, intimidating or abusive.
§ 113.09 EXCLUSION BY PLACARD.
No peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall
enter the property of another for the purpose of conducting business as a peddler, solicitor or transient merchant
when the property is marked with a sign or placard at least four inches long and four inches wide with print of at
least 48 point in size, stating ÐNo Peddlers, Solicitors or Transient MerchantsÑ or ÐPeddlers, Solicitors and
Transient Merchants Prohibited,Ñ or other comparable statement. No person other than the property owner or
tenant shall remove, deface or otherwise tamper with any sign or placard under this section.
186tğŭĻ
CHAPTER114:BODYPIERCINGANDPAINTINGESTABLISHMENTS
Section
114.01 Statement of policy
114.02 Definitions
114.03 License required
114.04 License application
114.05 Application execution
114.06 Application verification
114.07 License period and license fees
114.08 Persons ineligible for license
114.09 General license requirements
114.10 Health and sanitation requirements
114.11 Revocation, suspension or nonrenewal of license
114.12 Appeals
114.13 Liability for crimes of another
114.99 Penalty
§ 114.01 STATEMENT OF POLICY.
(A) The City Council of the city deems it necessary to provide for the special and express regulation of
businesses or commercial enterprises which operate as a tattoo, body piercing, permanent cosmetic
make-up, body branding and body painting establishment(s) in order to protect the public health, safety
and welfare and to guard against the inception and transmission of disease.
(B) The City Council finds that the experience of other cities indicates that there is a connection between
body piercing and disease transmission and other health problems.
(C) The City Council finds that stringent regulations governing tattooing can minimize the disease risk and
therefore protect the general health and welfare of the community.
Ord. #71, adopted 11/13/2002
§ 114.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
187tğŭĻ
BODY BRANDING. Impression or burning a mark or figure on the skin of a person with a hot object or
flame.
BODY PIERCING. Any method of puncturing the skin of a person by the aid of needles or other
instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in
or through the human body.
CLEAN. The absence of dirt, grease, rubbish, garbage odor and other offensive, unsightly or extraneous
matter.
ENFORCEMENT OFFICE. The City Health Authority or other designee of the City Administrator.
GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks,
obstructions and similar defects so as to constitute a good and sound condition.
ISSUING AUTHORITY. The City Council.
TATTOO, BODY PIERCING, PERMANENT COSMETIC MAKE-UP, BODY BRANDING AND
BODY PAINTING LICENSE. A license issued by the city authorizing the practice or administering of
the operation of tattoo, body piercing, permanent cosmetic make-up, body branding and body painting
establishments on premises within the city.
TATTOOING. The marking of the skin of a person by insertion of permanent colors by introducing
them through puncture of the skin.
Ord. #71, adopted 11/13/2002
§ 114.03 LICENSE REQUIRED.
(A) A license shall be required to operate an establishment where tattooing, permanent cosmetic make-up,
body piercing, body branding or body painting is practiced, or engaged in the practice of tattooing, body
piercing, body branding or body painting without a license.
(B) A state-licensed physician who engages in the practice of tattooing and/or body piercing shall be exempt
from the license requirement.
(C) Beauty salons, jewelry stores and accessory stores that provide exclusively ear piercing services also
shall be exempt from the license requirement.
Penalty, see § 114.99
Ord. #71, adopted 11/13/2002
§ 114.04 LICENSE APPLICATION.
188tğŭĻ
Application for a license shall be made on a form as prescribed by the city and shall include:
(A) If the applicant is a natural person:
(1) The name, place and date of birth, street residence address and phone number of the applicant;
(2) Whether the applicant has ever used or has been known by a name other than the applicantÓs
name and, if so, the name or names used and information concerning dates and places where
used;
(3) The name of the business if it is to be conducted under a designation, name or style other than
the name of the applicant, and a certified copy of the certificate as required by M.S. § 333.01, as
it may be amended from time to time;
(4) The street addresses at which the applicant has lived during the preceding five years; and
(5) The type, name and location of every business or occupation in which the applicant has been
engaged during the preceding five years, and the name and address of the applicantÓs employer
and partner, if any, during the preceding five years.
(B) If the applicant is a partnership:
(1) The name and addresses of all general and limited partners and all information concerning each
general partner;
(2) The name of the managing partner and the interest of each partner in the tattooing establishment;
and
(3) A true copy of the partnership agreement must be submitted with the application. If the
partnership is required to file a certificate as to a trade name pursuant to M.S. § 333.01, a
certified copy of the certificate must be attached to the application.
(C) If the applicant is a corporation or other business:
(1) The name of the corporation or business formed, and if incorporated, the state of incorporation;
(2) A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a
certificate of authority as required by M.S. § 303.06, as amended, must be attached to the
application; and
(3) The name of the manager, proprietor or other agent in charge of the business and all information
concerning each manager, proprietor or agent.
(D) In the case of all applicants:
(1) Whether the applicant holds a current tattooing, body piercing, body branding or body painting
license from any other governmental unit;
189tğŭĻ
(2) Whether the applicant has previously been denied a tattooing, body piercing, body branding or
body painting license from any other governmental unit;
(3) The location of the business premises and the legal description thereof;
(4) Whether all real estate and personal property taxes that are due and payable for the premises to
be licensed have been paid, and if not paid, the years and amounts that are unpaid;
(5) If the application is for premises either planned or under construction or undergoing substantial
alterations, the application must be accompanied by a set of preliminary plans showing the
design of the proposed premises to be licensed. A copy of the plans must be submitted to the
Building, Fire and Health authorities for approval. If the plans of design are on file with the city,
additional plans need not be submitted;
(6) For each person or business entity named in the application, disclose whether they have been
convicted of, or charged with a felony, gross misdemeanor or misdemeanor, including traffic
violations, and if so, the date and place of conviction, the nature of the offense, and identifying
information such as a ticket number or case number; and
(7) Other information as the City Administrator may require.
(E) Written Authorizations. Each person or business entity named in or as part of this application shall
execute a written authorization allowing the city and/or the Chief of Police to verify all information
disclosed as part of the application.
(F) False statements. It is unlawful to knowingly make a false statement in the license application and is
punishable as a misdemeanor criminal offense. In addition to all other penalties, the license may be
denied or subsequently revoked by the City Council for a violation of this section.
Ord. #71, adopted 11/13/2002
§ 114.05 APPLICATION EXECUTION.
An application for a license must be signed and sworn to. If the application is that of a natural person, it
must be signed and sworn to by that person; if that of a corporation, by an officer thereof; if that of a
partnership, by one of the general partners; and if that of an unincorporated association, by the managing
officer. Falsification of information on a license application requires the denial of a license.
Ord. #71, adopted 11/13/2002
§ 114.06 APPLICATION VERIFICATION.
190tğŭĻ
The city shall verify and investigate the facts set forth in the application and conduct any necessary
criminal background checks to assure compliance with this chapter.
Ord. #71, adopted 11/13/2002
§ 114.07 LICENSE PERIOD AND LICENSE FEES.
The term of the license is the calendar year or the remaining portion thereof. The fee will not be
prorated. The fee for a license is set forth by the City Council by annual resolution. The fee must be submitted
at the time the application is filed. Application fees are nonrefundable.
Ord. #71, adopted 11/13/2002
§ 114.08 PERSONS INELIGIBLE FOR LICENSE.
A license may not be issued to an applicant, partner or other person in charge of the licenses if the
applicant:
(A) Is a minor at the time the application is filed;
(B) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. §
364.03, Subdivision 2, as amended, and has not shown competent evidence of sufficient rehabilitation
and present fitness to perform the duties of the licensed occupation as prescribed by M.S. § 364.03,
Subdivision 3, as amended; or
(C) Does not have the legal authority to be employed in the United States.
Ord. #71, adopted 11/13/2002
§ 114.09 GENERAL LICENSE REQUIREMENTS.
(A) Tattoos on minors. It is unlawful to tattoo, pierce, brand or paint a person under the age of 18 except in
the presence of and with the written permission of the parent or legal guardian of the minor.
(B) Prohibition on license transfer. A license is for the person and the premises named on the approved
license application. Transfer of a license is not permitted from place to place or from person to person
without first complying with the requirements of an original application, except where an existing non-
corporate licensee is incorporated and incorporation does not affect the ownership, control and interest
of the existing licensed establishment.
(C) Hours of operation. A licensed establishment may not be open for business before 7:00 a.m. nor after
11:00 p.m.
191tğŭĻ
(D) Licensed premises. The license is only effective for the compact and contiguous space specified in the
approved license application. If the licensed premises is enlarged, altered or extended, the licensee must
inform the Director of Public Safety.
(E) Effect of license suspension or revocation. It is unlawful to solicit business or offer to perform tattooing,
body piercing, body branding or body painting services while under license suspension or revocation by
the city.
(F)Maintenance of order. The licensee is responsible for the conduct of the business being operated and
must at all times maintain conditions of good order.
(G) Employee lists. The licensee must provide to the City Administrator a list of employees who perform
tattooing, body piercing, body branding or body painting at the licensed establishment and verify that
each employee has received a copy of this chapter.
(H) Insurance. Licensee must maintain insurance per state statute.
Penalty, see § 114.99
Ord. #71, adopted 11/13/2002
§ 114.10 HEALTH AND SANITATION REQUIREMENTS.
(A) Unlawful practice. It shall be unlawful to engage in the practice of tattooing, body piercing, body
branding or body painting at any place in the city without complying with the regulations of this chapter.
(B) Lavatory requirement. A place where tattooing, body piercing, body branding or body painting is
practiced must be equipped with an adequate and conveniently located toilet room and hand lavatory for
the accommodation of employees and patrons. The hand lavatory must be equipped with hot and cold
running water under pressure, be maintained in good repair at all times and kept in a clean and sanitary
condition. Toilet fixtures and seats must be of a sanitary open front design and readily cleanable. Easily
cleanable, covered receptacles must be provided for waste materials. A lavatory facility must be
provided with an adequate supply of hand cleansing compound and singe-service sanitary towels or
hand-drying devices.
(C) Skin infection. A person having a skin infection or other disease of the skin may not be tattooed, painted
or branded.
(D) Sterilization and disposal of biohazardous materials. Needles, razor blades and other equipment used
for piercing, branding or puncturing must be individually prepackaged, sterilized and disposable, and
this equipment may not be used on more than one customer. Biohazardous waste must be disposed of in
accordance with law, and disposal procedures shall be approved by the Health Authority. Approved
sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than
needles and razor blades when those sterilizing solutions and methods are approved by the Heath
Authority.
192tğŭĻ
(E) Skin preparation procedures. The procedures in this division must be used for skin preparation.
(1) The operator must wash hands thoroughly with soap and water following the hand washing
procedures as approved by the Health Authority and then dry them with a clean towel before and
after each tattooing. Operators with skin infections of the hand may not perform any tattooing,
body piercing, body branding or body painting service.
(2) If it is necessary to shave the skin, prepackaged, pre-sterilized, disposable razor blades shall be
used.
(3) The skin area to be tattooed, pierced, branded or painted must be thoroughly cleaned with
germicidal soap, rinsed thoroughly with water and sterilized with an antiseptic solution approved
by the Health Authority. Single-service towels and wipes must be used in the skin cleaning
process.
(4) After tattooing, piercing or branding, a sterile dressing must be applied to the tattooed, pierced or
branded area.
(F) Operating furniture. Tables, chairs, furniture or area on which a patron received a tattoo, body piercing,
body branding or body painting must be impervious to moisture and properly sanitized after each tattoo,
body piercing, body branding or body painting. The surface must be covered by single-service
disposable paper or clean linens.
(G) Towels. An operator must provide single-service towels or wipes for each customer or person and the
towels or wipes must be stored and disposed of in a manner acceptable to the Health Authority.
(H) Garments of operator. An operator must wear clean, washable garments when engaged in the practice
of tattooing, body piercing, body branding or body painting. If garments are contaminated with blood or
body fluids, the garment must be removed, changed and discarded or sterilized by an approved method.
(I)Pigments.
(1) Pigments used in tattooing must be sterile and free from bacteria and noxious agents and
substances including mercury.
(2) The pigments used from stock solutions for each customer must be placed in a single-service
receptacle, and the receptacle and remaining solution must be discarded after use on each
customer in accordance with procedures approved by the Health Authority.
(J) Code compliance. The facility must meet all relevant building codes and federal law related to access.
(K) Influence of alcohol and drugs.
(1) It is unlawful to practice tattooing, body piercing, body branding or body painting while under
the influence of alcoholic beverages or illicit drugs.
193tğŭĻ
(2) A customer may not be tattooed, pierced, branded or painted while under the influence of
alcoholic beverages or illicit drugs.
(L) Written instructions. The operator must provide the person tattooed, pierced or branded with printed
instruction on the approved care of the skin during the healing process.
(M) Living quarters. A place licensed as a tattoo, body piercing, body branding or body painting
establishment may not be used or occupied as living or sleeping quarters.
(N) Hepatitis.
(1) A person to be tattooed, branded or pierced must be asked whether the person has had viral
hepatitis in the preceding six months.
(2) A person suspected of presently having viral hepatitis or having had viral hepatitis within the
preceding six months may not be tattooed, branded or pierced unless the person has the written
consent of a licensed physician.
Penalty, see § 114.99
Ord. #71, adopted 11/13/2002
§ 114.11 REVOCATION, SUSPENSION OR NONRENEWAL OF LICENSE.
The tattoo, body piercing, permanent cosmetic make-up, body branding and body painting license may
be revoked, suspended or not renewed by the City Council by showing that the licensee, its owners, managers,
employees, agents or any other interested parties, as enumerated in contents of the application for tattoo, body
piercing, permanent cosmetic make-up, body branding and body painting establishment license section of this
chapter with the exception of creditors have engaged in any of the following conduct:
(A) Fraud, deception or misrepresentation in connection with the securing of the license;
(B) Habitual drunkenness or intemperance in the use of drugs, including but not limited to the use of drugs,
defined in M.S. § 618.01, as amended, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine,
Dexedrine or other sedatives, depressants, stimulants or tranquilizers;
(C) Failure to fully comply with any requirements of the city code regarding the sanitary and safety
conditions, zoning requirements, building code requirements or ordinances, the violation of which
involves moral turpitude, or failure to comply fully with any requirements of this chapter; or
(D) Engaging in any conduct which would constitute grounds for refusal to issue an establishment license.
Ord. #71, adopted 11/13/2002
194tğŭĻ
§ 114.12 APPEALS.
(A) The license holder may appeal the suspension, revocation or nonrenewal to the City Council. The
Council shall consider the appeal at the next regularly scheduled Council meeting on or after 30 days
from service of the notice of appeal on the Administrator.
(B) (1) At the conclusion of the hearing, the Council may order:
(a) That the revocation, suspension or nonrenewal be affirmed; or
(b) That the revocation, suspension or nonrenewal be lifted and that the license or
certificate be reinstated.
(2) The City Council may base either suspension or issuance of the license or certificate upon
any additional terms, conditions and stipulations which it may, in its sole discretion,
impose.
Ord. #71, adopted 11/13/2002
§ 114.13 LIABILITY FOR CRIMES OF ANOTHER.
(A) Every person who commits or attempts to commit, conspires 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 of this chapter, whether individually or in connection with one or more persons
or as a principal, agent or accessory, shall be guilty of an offense.
(B) 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 is likewise guilty of the offense.
Penalty, see § 114.99
Ord. #71, adopted 11/13/2002
§ 114.99 PENALTY.
Whoever does any act forbidden by this chapter or omits or fails to do any act required by this chapter
shall be guilty of a misdemeanor.
Ord. #71, adopted 11/13/2002
195tğŭĻ
CHAPTER115:COMMERCIALSAUNAANDMASSAGESERVICES
Section
General Provisions
115.01 Statement of policy
115.02 Definitions
115.03 Distinction; exemptions
Licenses
115.15 Licenses required
115.16 Contents of application
115.17 License fee, investigation fee and license year
115.18 Granting or denial of licenses
115.19 Conditions governing issuance of license
115.20 Construction and maintenance requirements
115.21 Restrictions and regulations
Certificates
115.30 Massage certificate required
115.31 Contents of application for certificate
115.32 Fee, investigation fee and year
115.33 Investigation of application
115.34 Conditions governing issuance of certificate
115.35 Restrictions and regulations
115.36 Health and disease control
115.37 Revocation, suspension or nonrenewal of a certificate
Enforcement
115.50 Appeals
115.51 Liability for crimes of another
115.99 Penalty
196tğŭĻ
GENERAL PROVISIONS
§ 115.01 STATEMENT OF POLICY.
(A) The City Council of the City deems it necessary to provide for the special and express regulation of
businesses or commercial enterprises which provide therapeutic massage or public saunas. Similar
adult-oriented services operate under different names in order to protect the public health, safety and
welfare and to guard against the inception and transmission of disease.
(B) The City Council finds that commercial enterprises such as the type described in this Chapter, and all
other similar establishments whose services include sessions offered to adults, conducted in private by
members of the same or the opposite sex and employing personnel with no specialized training are
susceptible to operation in a manner contravening, subverting or endangering the morals of the
community by being the site of acts of prostitution, illicit sex and occasions of violent crimes, thus
requiring close inspection, policing, licensing and regulation.
(C) The City Council finds that commercial enterprises such as the type described in this Chapter, and all
other similar establishments whose services include sessions offered to adults, conducted in private by
members of the same or the opposite sex and employing personnel with specialized training,
professional licensing and/or standards of professional practice are less susceptible to operation in a
manner contravening, subverting or endangering the morals of the community thus requiring a different
level of inspection, licensing and regulation than establishments employing personnel with no
specialized training, professional licensing and/or standards of professional practice.
(D) The City further finds that regulating businesses and individuals who practice therapeutic massage and
work associated with massage by creating a licensed activity for those who have a higher level of
training, license, and professional standards help to:
(1) Create barriers to entry into the commercial field of therapeutic massage against individuals or
businesses likely commit criminal acts or provide injurious services to the public;
(2) Ensure that people who use therapeutic massage for health and wellness will receiving the
highest possible level of competent, ethical, and effective treatment and care;
(3) Remove the stigma of therapeutic massage being a sensual or sexual activity and promote it as an
accepted business practice.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.02 DEFINITIONS.
For the purpose of this chapter, the following definitions will apply unless the context clearly indicates
or requires a different meaning.
197tğŭĻ
DAY SPA. A spa that offers all or a portion of the following:
(1) Environment: a clean, safe, calming and nurturing environment;
(2) Privacy: private treatment area for each client receiving a personal service;
(3) Business licenses: professional, licensed esthetician and therapists on staff;
(4) Products: professional spa products for which estheticians and therapists have received training
in their use;
(5) Massages: Swedish, lymph drainage, reflexology, shiatsu, polarity, sports, deep tissue, deep
muscle, or other types of massage related work;
(6) Body treatments (one or more on the menu): body packs and wraps, exfoliation, cellulite, body
toning/contouring, waxing, homecare program (optional: electrical impulse body toning, heat
treatments, Ayurveda treatments, laser hair removal, electrolysis, hand and foot care);
(7) Face: cleansing facial, homecare program (optional medical facial, electrical toning, laser hair
removal, electrolysis, cosmetic, make-up consultation);
(8) Aromatherapy: personalized for body and/or face:
(a) One of the following:
1. Hydrotherapy; or
2. Steam and sauna.
(b) One of the following:
1. Nutritional counseling/weight management; or
2. Private trainer/yoga/meditation; or
3. Spa cuisine.
(9) Optional: hair: full-service salon, scalp treatments and hair packs, spa manicure and pedicure.
GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks,
obstructions and similar defects so as to constitute a good and sound condition.
MASSAGE. The rubbing, stroking, kneading, tapping or rolling of the body of another with the hands
for the exclusive purpose of physical fitness, relaxation, beautification, healthcare and for no other
198tğŭĻ
purpose, and performed in a manner consistent with the training, education and policies recognized by
professional societies and standards to include, but not limited to the:
(a) National Organization Board for Therapeutic Massage and Bodywork;
(b) American Massage Therapy Association; or
(c) Associated Massage and Bodywork Professionals.
MASSAGE THERAPIST CERTIFICATE. A certificate issued by the City to a person who meets the
appropriate requirements to practice or administer massage in the City.
MASSAGE THERAPY ESTABLISHMENT. Any premises at or in which therapeutic massage is
performed.
MASSAGE THERAPIST. A person who practices or administers massage and has obtained the
required certification to practice or administer massage in the City.
SAUNA. A steam bath or heat bathing room used for the purpose of bathing, relaxing or reducing agent
utilizing steam or hot air as a cleaning, relaxing or reducing agent.
SAUNA ESTABLISHMENT LICENSE. A license issued by the City authorizing the commercial
operation of a sauna on premises within the City.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.03 DISTINCTION; EXEMPTIONS.
(A) The practice of massage as an activity licensed by the City is hereby declared to be distinct from the
practice set forth below and those practices expressly excluded from the provisions of this Chapter.
Practices expressly excluded from this Chapter include:
(1) The practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; persons
duly licensed in this State to practice medicine, surgery, osteopathy, chiropractic, physical
therapy or podiatry, nurses and health care workers who work solely under the direction of those
persons;
(2) Institutions such as hospitals, rest homes, nursing homes, or other institutions licensed under the
provisions of Minnesota Statutes § 144.50 to § 144.69;
(3) Beauty culturists and barbers who do not give or hold themselves out to give massage, as defined
herein, other than is customarily given in those shops or places of business shall be exempt from
the provisions of this chapter insofar as they hold an appropriate license issued by the State of
Minnesota;
(4) Athletic directors and trainers who perform massage in the course of any athletic program or
event which is sponsored by a local unit of government, bona fide educational institution
199tğŭĻ
complying with State or local regulations, bona fide churches, synagogues or institutions of
organized religion or bona fide, nonprofit civic organizations are expressly excluded from the
requirements of this Chapter, provided that the performing of massage is subsidiary to the
performing of other services and tasks.
Ord. #70, adopted 11-13-2002, Ord. 2d #16, amended 12/13/2006
LICENSES
§ 115.15 LICENSES REQUIRED.
(A) No person shall engage in the business of operating a sauna, day spa, or massage therapy establishment
either exclusively or in connection with any business enterprise without obtaining a license for that
business establishment located in a commercial or mixed use zone and within a commercial enterprise as
provided in this Chapter and shall only provide services on the premises of the licensed establishment.
(B) General requirements for obtaining licensing as provided in this Chapter.
(1) Individuals who provide services regulated by this Chapter for the licensed establishment may
only do so if they are individually licensed or certified pursuant to this Chapter;
(2) No establishment regulated by this Chapter may be granted a license or operate as a business
unless it employs at least one person who is individually licensed or certified pursuant to this
Chapter to perform services regulated by this Chapter.
(3) All licenses pursuant to this Chapter must participate in a background investigation and
successful completion of same prior to receiving a license. All licensees must grant the City the
unlimited right to perform criminal background investigations during the pendency and period of
the license application and operation.
(C) Whenever any establishment ceases to be licensed as a sauna, day spa or massage therapy establishment,
whether through the suspension, cancellation, revocation, nonrenewal, lack of employing of a licensed
individual, or lapse of its license, its owners shall immediately remove from public view any sign or
display which identified the establishment as a sauna, day spa, or massage therapy establishment or as
offering sauna or massage services.
Penalty, see § 115.99
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.16 CONTENTS OF APPLICATION.
(A) Application for a sauna, day spa, or massage therapy establishment license shall be made only on the
forms provided by the Administrator or designated staff.
200tğŭĻ
(B) Four complete copies of the application shall be furnished to the office of the Administrator containing
the following information:
(1) Address and legal description of the property to be used;
(2) The names, addresses and telephone numbers of the owner, lessee if any, and the operator or
manager;
(3) The name, address and telephone number of three persons who may be called upon to attest to
the applicantÓs, managerÓs or operatorÓs character;
(4) Whether the applicant, manager or operator has ever been convicted or charged with a crime or
offense other than a non-criminal traffic offense and, if so, provide information as to the time,
place and nature of the crime and the disposition for each charged offense. This includes
disclosure of charges that have been dismissed, expunged, acquitted, pardoned, or any type of
stayed sentence or adjudication, or diversion program;
(5) The names and addresses of all creditors of the applicant, owner, lessee or manager insofar as
and regarding credit which has been extended for the purposes of constructing, equipping,
maintaining, operating or furnishing or acquiring the premises, personal effects, equipment or
anything incident to the establishment, maintenance and operation of the massage parlor or
massage establishment;
(6) If the application is made on behalf of a corporation, joint business venture, partnership or any
legally constituted business association, it shall submit, along with its application, accurate and
complete business records showing the names and addresses of all individuals having an interest
in the business, including partners, officers, owners, managers, members of the board of directors
and creditors furnishing credit for the establishment, acquisition, maintenance and furnishing of
the business, including the purchase or acquisition of any items of personal property for use in
the operation;
(7) Complete accurate documentation establishing the interest of the applicant and any other person
having an interest in the premises upon or in which the business is proposed to be located, in the
form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan
agreements, security agreements and any other documents establishing the interest of the
applicant or any other person in the operation, acquisition or maintenance of the enterprise
offering massage;
(8) The application shall also contain blueprints, diagrams, plans, layouts and the like showing the
construction, revision, remodeling, alteration or additions of or to the premises, and specifically
showing the layout, design and arrangement of the bathing and restroom facilities and the size
and type of equipment and facilities to be used.
(9) Identify any prior or current professional license or license application from a jurisdiction other
than the City. For each license or application supply the date of application, the nature of the
201tğŭĻ
license, whether the application was granted or denied, current status of the license or
application, specify any adverse action (such as revocation, suspension, cancellation, or
conditional provisions of practice of a professional license, or criminal charges) take against the
license, licensee, any employee, agent, contractor, or other person associated with any license or
license application from another jurisdiction;
(10) The name and identify of all persons practicing services for the applicant establishment
that are regulated by this Chapter. The applicant must specify the individual(s) who will be
licensed and certified by the City to conduct the regulated services and must always keep that
information current by giving immediate notice to the local Police Department and City anytime
that information changes. (Each of these individuals are subject to individual licensing or
certification requirements of this Chapter.);
(11) A general authorization for release of information signed by the applicant granting the
local Police Department and/or City authorization to complete the required investigation and to
reinvestigate during the pendency of the license period.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.17 LICENSE FEE, INVESTIGATION FEE AND LICENSE YEAR.
(A) The investigation fee shall be set by Council, on an annual basis, through ordinance along with the
annual license fee. A license, unless revoked, is for the calendar year or a part thereof for which it has
been issued. The license fee and fee for the investigation of the license application shall be paid when
the application is filed. In the event that the application is denied or the license, once issued, is revoked,
cancelled or surrendered, no part of the annual license fee and investigation fee shall be returned to the
applicant unless by express action of the City Council.
(B) A separate license shall be obtained each year for each place of business. The licensee shall display the
license in a prominent place in the licensed premises at all times. A license for the operation of a
massage therapy establishment or sauna establishment is nontransferable.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.18 GRANTING OR DENIAL OF LICENSES.
(A) License applications shall be reviewed by the Police Department and other departments as the City
Council shall deem necessary.
(B) The review shall include any inspection of the premises covered by the application by the Building
Inspector and Fire Department to determine whether the premises conforms to all applicable code
requirements. Recommendations shall be made in writing to the Administrator. Thereafter, licenses
202tğŭĻ
shall be granted or denied by the City Council subject to the provisions of this chapter. The applicant
may appeal to the City Council.
Ord. #70, adopted 11/13/2002
§ 115.19 CONDITIONS GOVERNING ISSUANCE OF LICENSE.
(A) No sauna, day spa or massage therapy establishment license shall be issued if the applicant or any of its
owners, lessees, managers, employees or agents is a person of bad repute;
(B) Sauna, day spa or massage therapy establishment licenses shall be issued only if the applicant and all of
its owners, lessees, managers, employees and agents are free of convictions for offenses which involve
moral turpitude or which relate directly to the personÓs ability, capacity or fitness to perform the duties
and discharge the responsibilities of the licensed activity;
(C) Licenses shall be issued only to applicants who have not, within one year prior to the date of application,
been denied licensing; or who have not within that period had their license revoked;
(D) Licenses shall be issued only to applicants who have completely answered all of the information
requested in the application in an accurate and truthful manner subject to the penalty of criminal perjury,
have paid the full license fee and have cooperated with the city in review of the application;
(E) A license shall not be granted to an applicant who is under the age of 18 years;
(F) Licenses may be granted only for locations with commercial or mixed use zones allowing similar
activities;
(G) Licenses may be granted only to establishments which can meet the health, safety, sanitary and building
code requirements of the City;
(H) A license shall not be granted if granting the license either would be inconsistent with the
comprehensive development plan of the City, or would otherwise have a detrimental effect upon the
property or properties in the vicinity; and
(I) Licensee must provide and maintain a current copy of its insurance policy with the City and that policy
must maintain a provision that the insurer shall notify the City of any change to the policy, notice of
nonpayment or notice of cancellation.
(J) Licensee must provide a general authorization for release of information signed by the applicant
granting the local Police Department and/or City authorization to complete the required investigation
and reinvestigate during the pendency of the license period.
Penalty, see § 115.99
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
203tğŭĻ
§ 115.20 CONSTRUCTION AND MAINTENANCE REQUIREMENTS.
(A) Each licensed premises shall have separate restrooms for members of each sex or else have individual
restrooms suited for use by one person at a time.
(B) Floors, walls and equipment in massage rooms, restrooms and bathrooms must be kept in a state of good
repair and sanitary condition at all times. Linen and other materials shall be stored at least 12 inches off
the floor.
(C) Massage tables and other equipment shall be kept in a sanitary condition including but not limited to the
use of disposable or cloth sanitary protectors on tables and face cradles.
(D) Each licensed premises shall provide adequate refuse receptacles, which shall be emptied as often as
required.
(E) (1) The doors to the individual massage rooms shall not be equipped with any locking device
or else all interior doors shall be locked with a common keyed lock and a copy of that key shall be on
deposit with the local Police Department.
(2) Main entrance doors to the premises shall be unlocked at all times during business hours
and while anyone is present on the premises.
(F)Exterior signage is required and must prominently state that the establishment provides sauna, day spa or
massage therapy services.
Penalty, see § 115.99
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.21 RESTRICTIONS AND REGULATIONS.
(A) No licensee shall employ any person as a massage therapist without first ensuring that the employee
possesses a valid certificate for the administration or practice of massage from the City. The certificate
shall be prominently and openly displayed on the premises.
(B) The licensed premises may only be open for business or in operation anytime between the hours of 8:00
a.m. and 9:00 p.m. The actual hours when a licensee chooses to conduct business on the licensed
premises must be on file with the local Police Department and the City as designated in their license
application. These designated hours must be prominently posted on the exterior and interior of the
licensed premises. Each licensee must so file their designated hours of operation. No person may
engage in the practice of any service regulated by this Chapter outside of those designated hours.
Clientele may be on the licensed premises for no more than fifteen minutes before or after the
204tğŭĻ
designated hours. No other person may be on the premises for more than one hour before or after the
designated hours. Persons on the premises outside of the designated or authorized hours are subject to
criminal prosecution for loitering or other crimes. Clientele, employees, agents and other persons on the
premises must be so notified that they may be subject to criminal prosecution in this manner and it is
incumbent upon the licensed establishment to so notify individuals by either posted notice or in writing.
Failure to give notice to an individual shall not be a defense to this subdivision violation.
(C) The licensee, certificate holder or any persons in his or her employ or agents or officers thereof, and any
and all persons with interest in the business shall comply with all applicable ordinances, regulations and
laws of the City, the State and the United States Government.
(D) If the licensee is a partnership or corporation, the licensee shall designate a person to be manager and in
responsible charge of the business. This person shall remain responsible for conduct of the business
until another suitable person has been designated in writing by the licensee. The licensee shall promptly
notify the local Police Department in writing of any change in manager, indicating the name, address
and telephone number of the new manager and the effective date of the change.
(E) During any hours of operation or at any time a person is present on the licensed premises such
establishment shall be open for inspection by City inspectors or local police officers. Inspection shall
include:
(1) Upon demand all persons employed or contracted by the licensed establishment or engaged in
providing services shall identify themselves, giving their true and legal name, and proof of their
identity.
(2) All licenses, certificates, insurance and financial records of the establishment and its employees,
contractors or agents must be available for inspection during these times.
(3) The physical premises may be inspected.
(F) Refusal to allow an inspection or to answer the request of City, local Police, Fire or other authority to
being admitted into a licensed premises, identify employees, or unavailability of financial records shall
be grounds for immediate suspension or revocation of all licenses or certificates.
(G) Fees for all services shall be prominently posted in the reception area in a location available to all
prospective customers.
Ord. 2d #16, adopted 12/13/2006
CERTIFICATES
§ 115.30 MASSAGE CERTIFICATE REQUIRED.
No person shall perform massage services within the City without a massage certificate as provided in
this Chapter.
205tğŭĻ
Penalty, see § 115.99
Ord. #70, adopted 11/13/2002
§ 115.31 CONTENTS OF APPLICATION FOR CERTIFICATE.
(A) An application for a massage certificate shall be made only on forms provided by the City.
(B) The application shall contain the following information together with any other information the City
may require:
(1) Evidence of the applicantÓs educational qualifications, including originals or certified copies of
degrees, diplomas, certificates or licenses, if any, including proof of receiving educational,
certification or licensing requirements least;
(2) Evidence of applicantÓs practical qualifications to practice massage;
(3) The names and addresses of three persons, who may be referred to as to the applicantÓs
character;
(4) Whether the applicant has ever been convicted or charged with a crime or offense other than a
non-criminal traffic offense and if so, information as to the time, place and nature of the crime,
and the disposition for each charged offense. This includes disclosure of charges that have been
dismissed, expunged, acquitted, pardoned, or any type of stayed sentence or adjudication, or
diversion program;
(5) A general authorization for release of information signed by the applicant granting the local
Police Department and/or City authorization to complete the required investigation and to
reinvestigate during the pendency of the license period.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.32 FEE, INVESTIGATION FEE AND YEAR.
The investigation fee shall be determined by City Council on an annual basis through ordinance along
with the annual certificate fee. The certificate year shall be the calendar year and a certificate shall be valid for
the remainder of the calendar year in which it is issued. The certificate fee and fee for investigation for the
certificate shall be paid when the application is filed. In the event that the application is denied or that the
certificate, once issued, is revoked, cancelled or surrendered, no part of the annual certificate fee and
investigation fee for the issuance of a certificate shall be returned to the applicant unless by express action of
the City Council. A separate certificate shall be obtained each year. The certificate holder shall display the
206tğŭĻ
certificate in a prominent place in the licensed premises at all times. A certificate permitting the holder thereof
to practice massage is nontransferable.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.33 INVESTIGATION OF APPLICATION.
(A) Certificate applications shall be reviewed by the local Police Department, which shall furnish written
recommendations to the City Council.
(B) Thereafter certificates shall be granted or denied by the City Council subject to the provisions of this
Chapter.
(C) The applicant may appeal to the City Council.
Ord. #70, adopted 11/13/2002
§ 115.34 CONDITIONS GOVERNING ISSUANCE OF CERTIFICATE.
(A) Certificates shall be issued only to persons who have received and can furnish proof of receiving a
qualifying amount of education. These minimum requirements are any of the following:
(1) Hold an associate degree or greater level degree in a field of nursing or physical therapy from a
State-accredited, post-secondary educational institution, and hold a current license, in good
standing, from the State of Minnesota to practice nursing or physical therapy;
(2) Receive no less than 500 hours of certified therapeutic massage training from an institution
recognized and accredited by a State or National professional therapeutic massage organization,
to include, but not limited to the:
(a) American Massage Therapy Association, or
(b) Associated Massage and Bodywork Professionals; or
(3) Receive no less than 500 hours of certified therapeutic massage training from any institution, and
successfully pass the national examination for therapeutic massage within the year prior to
application as offered by the National Organization Board for Therapeutic Massage and
Bodywork.
(B) Certificates shall be issued only to persons of good repute.
(C) Certificates shall be issued only to persons free of convictions for offenses which involve moral
turpitude or which relate directly to the personÓs ability, capacity or fitness to perform the duties and
discharge the responsibilities of the occupation.
207tğŭĻ
(D) Certificates shall not be issued to persons who have, within one year prior to the date of application,
been denied certification; or who have had his or her certificate revoked or surrendered in or by any
political subdivision, a municipality or by the State.
(E) Certificates shall be issued only to applicants who have completely answered all of the information
requested in the application in an accurate and truthful manner subject to the penalty of criminal perjury,
have paid the full license fee and have cooperated with the City in review of the application.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.35 RESTRICTIONS AND REGULATIONS.
(A) During any hours of operation or at any time a person is present on the licensed premises, such
establishment shall be open for inspection by City inspectors or local police officers. Upon demand all
persons employed by the licensed establishment or engaged in providing services shall identify
themselves, giving their true, legal name and proof of their identity. The certificate issued by the City,
insurance and financial records of the establishment must be available for inspection during these times.
(B) Any person acting as a massage therapist shall have his or her certificate displayed in a prominent place
at his or her place of employment, and upon demand by any local police officer or other authorized
officer or agent of the City, any person engaged in practicing massage shall identify himself or herself
giving his or her true, legal name and proof of their identity.
(C) Any person practicing massage within the City shall initially advise the City of his or her address,
telephone number and shall further advise the City of any changes in address or telephone number
within ten days of the change.
(D) Any person practicing massage within the City may do so only at premises which are licensed for the
conduct of the business as herein provided; and further, any person practicing massage shall inform the
City of any changes in employment or the location of his or her employment within the City within
seven days after the change.
(E) Every person to whom a massage certificate is issued, shall appear personally at the local Police
Department to receive delivery of the certificate and upon such appearance shall be photographed for
identification purposes. One copy of the photograph shall be permanently affixed to the certificate and a
second copy thereof shall be kept in the files of the local Police Department.
(F) Fees for all services shall be prominently posted in the reception area in a location available to all
prospective customers.
Penalty, see § 115.99
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
208tğŭĻ
§ 115.36 HEALTH AND DISEASE CONTROL.
No person while afflicted with any disease in a communicable form or while a carrier of disease or
wounds, sores or any acute respiratory infection shall work in, be permitted by an employer to work in, or use
the services regulated in this Chapter unless universal precautions are taken to prevent the spread of the disease
or condition and to protect the general health and safety of others. Massage therapists and establishments
licensed pursuant to this Chapter must use best practices and use appropriate universal precautions to prevent
the spread or transmission of communicable disease.
Penalty, see § 115.99
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.37 REVOCATION, SUSPENSION OR NONRENEWAL OF CERTIFICATE.
(A) The massage certificate may be denied, revoked, suspended or not renewed by the City Council by
showing that the applicant, licensee, its owners, managers, employees, agents or any other interested
parties, as enumerated in contents of application section of this Chapter have engaged in any of the
following conduct:
(1) Fraud, deception or misrepresentation in connection with the securing of the license;
(2) Drunkenness or intemperance in the use of drugs, including but not limited to the use of drugs,
defined in M.S. §618.01, as amended, barbiturates, hallucinogenic drugs, amphetamines,
Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers;
(3) Engaging in conduct involving moral turpitude by permitting or allowing others within their
employ or agency to engage in conduct involving moral turpitude or failing to prevent agents,
officers or employees in engaging in conduct involving moral turpitude;
(4) Failure to fully comply with any requirements of the City code regarding the sanitary and safety
conditions, zoning requirements, building code requirements or ordinances, the violation of
which involves moral turpitude, or failure to comply fully with any requirements of this Chapter;
(5) Conviction of an offense involving moral turpitude by any court of competent jurisdiction;
(6) Engaging in any conduct which would constitute grounds for refusal to issue a license or
massage certificate herein;
(7) Failing to allow City Officials or local Police Officers access to the license premises for
inspection.
(B) Upon the report of any violation of this Chapter by the City inspector, licensed peace officer or City
Attorney, the City Administrator may immediately suspend any license or certificate granted pursuant to
209tğŭĻ
this Chapter. Such suspensions shall be temporary and are subject to the appeal provisions as set forth in
this Chapter, except that an immediate suspension shall allow the aggrieved party the right of appeal no
later than ten days after a temporary suspension is effective. Any appeal pursuant to this subdivision not
heard within ten days shall be rescinded.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
ENFORCEMENT
§ 115.50 APPEALS.
(A) The license or certificate holder has the right to appeal any adverse action set forth in this Chapter. The
scope of such an appeal is as follows:
(1) The licenses or certificate holder may appeal the denial, suspension, revocation or nonrenewal of
a license or certificate to the City Council within thirty days of this event. If no appeal is filed
within this period, the event is affirmed.
(2) Except as otherwise set forth in this Chapter, the Council shall consider the appeal at the next
regularly scheduled Council meeting on or after 30 days from service of the notice of appeal on
the Administrator.
(3) The license or certificate holder may present evidence and argument at the hearing of the appeal.
(B) After considering the evidence at the hearing of the appeal, the Council may:
(1) Affirm the denial, revocation, suspension or nonrenewal;
(2) Grant the license application, reinstate the revocation, suspension or nonrenewal; or
(3) Where appropriate, for violations of the conditions set forth in this Chapter the Council may:
(a) Impose a civil fine no greater than $3,000.00; and/or
(b) Impose, in its sole discretion, appropriate additional terms, conditions and stipulations
upon the licensee or certificate holder before granting a license application, or reinstating
a revocation, suspension or nonrenewal.
Ord. #70, adopted 11/13/2002, Ord. 2d #16, amended 12/13/2006
§ 115.51 LIABILITY FOR CRIMES OF ANOTHER.
Every person who commits or attempts to commit, conspires 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
210tğŭĻ
therefore a violation of this Chapter, whether individually or in connection with one or more persons or as a
principal, agent or accessory, shall be guilty of the offense. 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 is likewise guilty of the offense.
Penalty, see §115.99
Ord. #70, adopted 11/13/2002
§ 115.99 PENALTY.
Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this Chapter
shall be guilty of a misdemeanor.
Ord. #70, adopted 11/13/2002
211tğŭĻ
CHAPTER116:TOBACCOREGULATIONS;SALES
Section
116.01 Purpose
116.02 Definitions
116.03 License required
116.04 Fees
116.05 Basis for denial of license
116.06 Prohibited sales
116.07 Vending machines
116.08 Self-service sales
116.09 Responsibility
116.10 Compliance checks and inspections
116.11 Other illegal acts
116.12 Violations
116.13 Exceptions and defenses
116.99 Penalty
§ 116.01 PURPOSE.
The city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess
and use tobacco, tobacco products and tobacco-related devices, and these sales, possession and use are
violations of both state and federal laws; and because studies, which the city hereby accepts and adopts, have
shown that most smokers begin smoking before they have reached the age of 18 years and that those persons
who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and
because smoking has been shown to be the cause of several serious health problems which subsequently place a
financial burden on all levels of government; this chapter shall be intended to regulate the sale, possession and
use of tobacco, tobacco products and tobacco-related devices for the purpose of enforcing and furthering
existing laws; to protect minors against the serious effects associated with illegal use of tobacco, tobacco
products and tobacco devices; and to further the official public policy of the State of Minnesota in regard to
preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to
time.
Ord. #66, adopted - -
§ 116.02 DEFINITIONS.
212tğŭĻ
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to
sell tobacco, tobacco products and tobacco-related devices are following and complying with the
requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by
this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase
tobacco, tobacco products or tobacco-related devices for educational, research and training purposes as
authorized by state and federal laws. Other units of government for the purpose of enforcing appropriate
federal, state or local laws may also conduct COMPLIANCE CHECKS and regulations relating to
tobacco, tobacco products and tobacco-related devices.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include but not be
limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or
other packing of snuff or chewing tobacco. Cartons or other packaging containing more than a single
pack or other container as described in this subdivision shall not be considered INDIVIDUALLY
PACKAGED.
LOOSIES. The common term used to refer to a single or individually packaged cigarette.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile
or other type of vehicle or transportable shelter and not a fixed address, store front or other permanent
type of structure authorized for sales transactions.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products or tobacco-
related devices are available for sale to the general public. RETAIL ESTABLISHMENT shall include
but not be limited to grocery stores, convenience stores and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products or tobacco-related
devices in any manner where any person shall have access to the tobacco, tobacco products or tobacco-
related devices, without the assistance or intervention of the licensee or the licenseeÓs employee. The
assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product or
tobacco-related device between the customer and the licensee or employee. SELF-SERVICE
MERCHANDISING shall not include vending machines.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf, including but
not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots;
stogies; perique; granulated plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff flowers;
Cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings; and
sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in a manner as to be suitable
for chewing, spitting or smoking.
213tğŭĻ
TOBACCO-RELATED DEVICES. Any tobacco product as well as a pipe, rolling papers or other
device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or
smoking of tobacco or tobacco products.
VENDING MACHINES. Any mechanical, electric or electronic, or other type of device which
dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or
other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco
product or tobacco-related device.
Ord. #66, adopted - -
§ 116.03 LICENSE REQUIRED.
No person shall sell or offer to sell any tobacco, tobacco products or tobacco-related device without first
having obtained a license to do so from the city.
(A) Application for license. An application for a license to sell tobacco, tobacco products or tobacco-related
devices shall be made on a form provided by the city. The application shall contain the full name of the
applicant, the applicantÓs residential and business addresses and telephone numbers, the name of the
business for which the license is sought, and any additional information the city deems necessary. Upon
receipt of a completed application, the Administrator shall forward the application to the Council for
action during a regularly scheduled Council meeting. If the Administrator shall determine that an
application is incomplete, he or she shall return the application to the applicant with notice of the
information necessary to make the application complete.
(B) Action.
(1) The Council may either approve or deny the license, or it may delay action for a reasonable
amount of time to complete any investigation of the application or the applicant it deems
necessary.
(2) If the Council shall approve the license, the Administrator shall issue the license to the applicant.
(3) If the Council denies the license, notice of the denial shall be given to the applicant along with
notice of the applicantÓs right to appeal the CouncilÓs decision.
(C) Term. All licenses issued under this chapter will expire December 31 of the year the license was
purchased.
(D) Suspension or revocation. Any license under this chapter may be revoked or suspended as deemed
necessary by the Council.
(E) Transfers. All licenses issued under this chapter shall be valid only on the premises for which the
license was issued and only for the person(s) to whom the license was issued. No transfer of any license
to another location or person or entity shall be valid without the prior approval of the Council. The
214tğŭĻ
licensee shall not be entitled to a refund of the license fee upon revocation or voluntarily ceasing the
licensed activity.
(F) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed
premises.
(G) Renewals.
(1) The renewal of a license issued under this section shall be handled in the same manner as the
original application.
(2) The request for a renewal shall be made at least 30 days but no more than 60 days before the
expiration of the current license. The issuance of a license issued under this chapter shall be
considered a privilege and not an absolute right of the applicant and shall not entitle the holder to
an automatic renewal of the license.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.04 FEES.
(A) No license shall be issued under this chapter until the appropriate license fee is paid in full.
(B) The fee for a license under this chapter shall be determined by resolution of the City Council.
Ord. #66, adopted - -
§ 116.05 BASIS FOR DENIAL OF LICENSE.
(A) The following shall be grounds for denying the issuance or renewal of a license under this chapter;
however, except as may otherwise be provided by law, the existence of any particular ground for denial
does not mean that the city must deny the license.
(1) The applicant is under the age of 18 years;
(2) The applicant has been convicted within the past five years of any violation of a federal, state or
local law, ordinance provision or other regulation relating to tobacco, tobacco products or
tobacco-related devices;
(3) The applicant has had a license to sell tobacco, tobacco products or tobacco-related devices
revoked within the preceding 12 months of the date of application;
215tğŭĻ
(4) The applicant fails to provide any information required on the application, or provides false or
misleading information; or
(5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation from
holding the license.
(B) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the
person was ineligible for the license under this section.
Ord. #66, adopted - -
§ 116.06 PROHIBITED SALES.
It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product
or tobacco-related device:
(A) To any person under the age of 18 years;
(B) By means of any type of vending machine, except as may otherwise be provided in this chapter;
(C) By means of self-service methods whereby the customer does not need to make a verbal or written
request to an employee of the licensed premises in order to receive the tobacco, tobacco products or
tobacco-related devices and whereby there is not a physical exchange of tobacco, tobacco products or
tobacco-related devices between the licensee or the licenseeÓs employee and the customer;
(D) By means of loosies as defined in this chapter;
(E) Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana or other
deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found
naturally in tobacco or added as part of an otherwise lawful manufacturing process; or
(F) By any other means, to any other person or in any other manner of form prohibited by federal, state or
other local law, ordinance provision or other regulation.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.07 VENDING MACHINES.
It shall be unlawful for any person licensed under this chapter to allow the sale of tobacco, tobacco
products or tobacco-related devices by the means of a vending machine unless minors are at all times prohibited
from entering the licensed establishment.
216tğŭĻ
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.08 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products or
tobacco-related devices by any means whereby the customer may have access to the items without having to
request the item from the licensee or the licenseeÓs employee and whereby there is not a physical exchange of
the tobacco, tobacco products or the tobacco-related devices between the licensee or his or her clerk and the
customer. All tobacco, tobacco products and tobacco-related devices shall either be stored behind a counter or
other area, not freely accessible to customers, or in a case or other storage unit not left open and accessible to
the general public. Any retailer selling tobacco, tobacco products or tobacco-related devices at the time this
chapter is adopted shall comply with this section within 90 days. Self-service sales restrictions shall not apply
to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco-related products and
which cannot be entered at any time by a person(s) younger than 18 years of age.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.09 RESPONSIBILITY.
All licensees under this chapter shall be responsible for the actions of their employees in regard to the
sale of tobacco, tobacco products or tobacco-related devices on the licensed premises and the sale of the item by
an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as
prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this chapter, state
or federal law, or other applicable law or regulation.
Ord. #66, adopted - -
§ 116.10 COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises shall be open to inspection by the city police or other authorized city officials
during regular business hours. From time to time, but at least once per year, the city shall conduct compliance
checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but
less than 18 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco-
related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law
enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty
of unlawful possession of tobacco, tobacco products or tobacco-related devices when those items are obtained
as a part of the compliance check. No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minorÓs age, and all minors lawfully engaged in a compliance check shall
answer all questions about the minorÓs age asked by the licensee or his or her employee and shall produce any
identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance
217tğŭĻ
checks authorized by state or federal laws for educational, research or training purposes, or required for the
enforcement of a particular state or federal law.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.11 OTHER ILLEGAL ACTS.
Unless otherwise provided, the following acts shall be a violation of this chapter.
(A) Illegal sales. It shall be a violation of this chapter for any person to sell or otherwise provide any
tobacco, tobacco product or tobacco-related device to any minor.
(B) Illegal possession. It shall be a violation of this chapter for any minor to have in his or her possession
any tobacco, tobacco product or tobacco-related device. This division shall not apply to minors lawfully
involved in a compliance check.
(C) Illegal use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use
any tobacco product or tobacco-related device.
(D) Illegal procurement.
(1) It shall be a violation of this chapter for any minor to purchase or attempt to purchase or
otherwise obtain any tobacco, tobacco product or tobacco-related device, and it shall be a
violation of this chapter for any person to purchase or otherwise obtain the items on behalf of a
minor.
(2) It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally
purchase or otherwise obtain or use any tobacco, tobacco product or tobacco-related device.
(3) This division shall not apply to minors lawfully involved in a compliance check.
(E) Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his
or her true age by the use of a false form of identification, whether the identification is that of another
person or one on which the age of the person has been modified or tampered with to represent an age
older than the actual age of the person.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.12 VIOLATIONS.
218tğŭĻ
(A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally
or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of
his or her right to be heard on the accusation.
(B) Hearings. If a person accused of violating this chapter so requests, a hearing shall be scheduled, the
time and place of which shall be determined by Anoka County.
(C) Hearing officer. Anoka County shall serve as the hearing officer.
(D) Decision. If the hearing officer determines that a violation of this chapter did occur, the decision, along
with the hearing officerÓs reasons for finding a violation and the penalty to be imposed under this
chapter or as the court rules, shall be recorded in writing, a copy of which shall be provided to the
accused violator and his or her parent or legal guardian. Likewise, if the hearing officer finds that no
violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a
copy provided to the acquitted accused violator and his or her parent or legal guardian.
(E) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the
city in which the alleged violation occurred.
(F) Misdemeanor prosecution.
(1) Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any
alleged violation of this chapter.
(2) If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
(G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall
constitute a separate offense.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.13 EXCEPTIONS AND DEFENSES.
Nothing in this chapter shall prevent the providing of tobacco, tobacco products or tobacco-related
devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an
affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as
described by state law.
Ord. #66, adopted - -
§ 116.99 PENALTY.
219tğŭĻ
(A) Licensees and employees. Any licensee and any employee of a licensee found to have violated this
chapter shall be charged an administrative fine which shall be determined by resolution of the City
Council for a first violation of this chapter; for a second offense at the same licensed premises within a
24-month period; and/or a third or subsequent offense at the same location within a 24-month period. A
fine shall be determined by resolution of the City Council. In addition, after the third offense, the
license shall be suspended for not less than seven days.
(B) Other individuals. Other individuals, other than minors regulated by division (C) of this section, found
to be in violation of this chapter shall be charged an administrative fee set by resolution of the City
Council.
(C) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor
for any violation of this chapter.
Ord. #66, adopted - -
220tğŭĻ
CHAPTER117:FIREWORKS
Section
117.01 Scope
117.02 Purpose
117.03 Definition
117.04 Sale of fireworks
117.05 Permit application
117.06 Permit fee
117.07 Terms and conditions for permit issuance
117.08 Discharge rules and regulations
117.09 Other regulations
117.10 Permit denial, suspension and revocation
117.99 Penalty
§ 117.01 SCOPE.
(A) Fireworks are regulated by M.S. § 624.20, as it may be amended from time to time. In addition to these
regulations, all display, sales, storage, and use of consumer fireworks shall comply with this fire
regulation.
(B) The City Council ordains the following regulations.
Penalty, see § 117.99
Ord. #69, adopted 06/12/2002
§ 117.02 PURPOSE.
Due to the inherent risks of fire and injury to persons and property associated with the sale, possession
and use of fireworks, the City Council has determined that it is necessary and in the interest of public health,
safety and welfare to establish reasonable regulations concerning fireworks.
Ord. #69, adopted 06/12/2002
§ 117.03 DEFINITION.
221tğŭĻ
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates
or requires a different meaning.
CONSUMER FIREWORKS. Wire or wood sparklers of not more than 100 grams of mixture per item,
other sparkling items which are non-explosive and non-aerial and contain 75 grams or less of chemical
mixture per tube, or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke
devices or trick noisemakers, which include paper streamers, party poppers, string poppers, snappers and
drop pops, each consisting of not more than 0.25 grains of explosive mixture.
Ord. #69, adopted 06/12/2002
§ 117.04 SALE OF FIREWORKS.
(A) It is unlawful for any person to sell, offer for sale, expose for sale, sell at retail or wholesale, or make
any public display of any consumer fireworks in the city without a permit.
(B) The sale, use and possession of all fireworks in violation of M.S. §§ 624.20 through 624.25 inclusive, as
may be amended from time to time, which are adopted herein by reference, is prohibited.
Penalty, see § 117.99
Ord. #69, adopted 6/12/2002
§ 117.05 PERMIT APPLICATION.
The application for the permit for the storage and sale of fireworks shall be made to the Fire Marshal
and shall include:
(A) The application for permit shall be accompanied by a letter from the person legally responsible for the
property on which the sale is to take place. This letter shall grant permission to the applicant for the use
of the property. The application shall include a floor plan designating the area for storage or display
along with a list documenting the name, weight and quantity of fireworks within the building and be
accompanied by the material safety data sheets; and
(B) (1) Applications must be made a minimum of ten days prior to operating. Any permit
granted hereunder shall be nontransferable.
(2) Prior to the issuance of a permit, the premises must be inspected and approved by the
city fire code official.
Ord. #69, adopted 06/12/2002, Ord. #85, amended 06/22/2005
222tğŭĻ
§ 117.06 PERMIT FEE.
The fee for the permit shall be that as provided in the current city fee schedule.
Ord. #69, adopted 06/12/2002
§ 117.07 TERMS AND CONDITIONS FOR PERMIT ISSUANCE.
A permit for storage or retail sale of common fireworks shall be issued only upon the following terms
and conditions:
(A) The applicantÓs location or place of business shall be only in those areas or zones within the city wherein
commercial or industrial activities are authorized under the applicable zoning laws of the city. Transient
sales of fireworks are not permitted. No sales or storage for commercial use shall occur on residentially
zoned property or properties used for educational purposes or assemblies;
(B) Fireworks storage or sales areas shall provide approved ÐNo SmokingÑ signs in red letters not less than 2
inches in height on white background. All signs shall be maintained in legible condition;
(C) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any building or stand in
which the fireworks are stored or sold;
(D) Each permit holder shall have not less than two water-type or equivalent extinguishers of not less than
two and one-half gallon capacity;
(E) There shall be at least two exits from all buildings in which fireworks are stored or sold;
(F)In buildings without an approved automatic sprinkler system, retail consumer fireworks indoor sales
displays shall be limited to 50 pounds net pyrotechnic composition or 200 pounds gross weight, if the
pyrotechnic composition weight is not known;
(G) Buildings protected throughout by an approved automatic sprinkler system shall be limited to 100
pounds net, or 400 pounds gross weight if the pyrotechnic composition weight is not known;
(H) Warehouse buildings or retail in excess of the quantities listed in divisions (F) and (G) above, for retail
consumer fireworks shall be classified as an ÐHÑ occupancy with explosives and aerosols;
(I) The license must be publicly displayed on the licensed premises. The premises are subject to inspection
by city employees including police officers during normal business hours;
(J) Storage for consumer fireworks must be in compliance with the Uniform Fire Code. The premises must
be in compliance with the Uniform Fire Code and Uniform Building Code; and/or
223tğŭĻ
(K) Consumer fireworks shall not be sold to persons under the age of 18. Consumer fireworks shall not be
used on public property.
Penalty, see § 117.99
Ord. #69, adopted 06/12/2002, Ord. #85, amended 06/22/2005
§ 117.08 DISCHARGE RULES AND REGULATIONS.
(A) It is unlawful to use, fire or discharge any fireworks along the route of and during any parade or at any
place of public assembly or in any commercial use district.
(B) It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle or other thing or
object.
(C) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any building or stand in
which fireworks are sold at retail or stored after hours.
(D) Fireworks may only be discharged in an area with a water source connected to a hose or other acceptable
means of putting out a fire.
(E) The Fire Chief may ban fireworks or shorten the season of the fireworks discharge if a drought is
evident or any equitable need for safety arises.
(F)Juveniles may not possess fireworks unless under the direct supervision of a responsible adult.
Penalty, see § 117.99
Ord. #69, adopted 6/12/2002
§ 117.09 OTHER REGULATIONS.
Materials which violate this chapter or state statute and pose a threat to public safety may be confiscated
and destroyed. Costs associated with disposal shall be assessed back to the property.
Ord. #69, adopted 06/12/2002
§ 117.10 PERMIT DENIAL, SUSPENSION AND REVOCATION.
The Fire Marshal may suspend or revoke any permit granted herein for a violation of any term of this
chapter. Any person whose permit has been suspended or revoked or any person whose permit application has
been denied may request a review of that determination by the City Council. The request for review shall be in
224tğŭĻ
writing and filed with the Administrator. The Administrator shall place the review request on the agenda for the
next regularly scheduled Council meeting. Upon review, the City Council shall affirm or overrule the initial
determination to deny, suspend or revoke.
Ord. #69, adopted 06/12/2002
§ 117.99 PENALTY.
Violations of these fire rules are misdemeanor offenses requiring a court appearance and punishable by
fines up to $1,000 and/or 90 days in jail.
Ord. #69, adopted 06/12/2002
225tğŭĻ
CHAPTER118:RENTALHOUSINGCODE
Section
118.01 Purpose and intent
118.02 Definitions
118.03 Licensing of rental units
118.04 Minimum standards
118.05 Inspections
118.06 Administration and enforcement
118.99 Penalty
§ 118.01 PURPOSE AND INTENT.
(A) Purpose. The purpose of this chapter is to protect the public health, safety and the general welfare of the
rental population of the city. These general objectives include, among others, the following:
(1) To maintain a quality character and stability of rental dwelling units within the city;
(2) To correct and prevent rental housing conditions that adversely affect or are likely to adversely
affect the life, safety, general welfare and health of persons occupying rental dwellings within
the city;
(3) To provide minimum standards for cooking, heating and sanitary equipment necessary to the
health and safety of occupants of rental buildings;
(4) To provide minimum standards of light and ventilation necessary to health and safety;
(5) To provide minimum standards for the maintenance of rental buildings and to thus prevent slums
and blight; and
(6) To preserve the value of land and buildings throughout the city.
(B) Intent. It is not the intention of the City Council to intrude upon the fair and accepted contractual
relationship between tenant and landlord. The City Council does not intend to intervene as an advocate
of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which
are not specifically and clearly relevant to the provisions of this chapter.
(C) Application of requirements. Every rental dwelling unit and its premises used in whole or in part as a
home or residence, or as an accessory structure thereof, for a single-family or person shall conform to
the requirements of this chapter, irrespective of when the building may have been constructed, altered or
226tğŭĻ
repaired. This chapter establishes minimum standards for erected rental dwelling units, accessory
structures and related premises.
§ 118.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning. Whenever the words Ðdwelling,Ñ Ðdwelling unit,Ñ Ðpremises,Ñ or ÐstructureÑ are
used in this chapter, they shall be construed as though they were followed by the words Ðor any part thereof.Ñ
ACCESSORY STRUCTURE. A subordinate building or use, whether attached or detached, that is
located upon the same lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of the building or main use.
APPROVED.
(1) When used in reference to the design and capabilities of physical systems of a
dwelling shall mean having passed the inspection of the Compliance Official.
(2) The basis for passage of the inspection shall be an analysis of the effective state
codes and an analysis of the degree to which the systems meet the standards established by the codes.
(3) It shall be the objective of the Compliance Official, unless otherwise specified, to
establish minimum qualifications for approval of the system, which qualifications can maintain
substantial compliance with the effective state codes and can be achieved in a reasonably economical
and practical manner.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
COMPLIANCE OFFICIAL. The Building Official and his or her designated agents authorized to
administer and enforce this chapter.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including
one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding
houses.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one family,
but not including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles.
FAMILY. See HOUSEHOLD.
FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the
city water and sewer system or other approved water supply and sewer supply.
HABITABLE BUILDING. Any building or part thereof that meets minimum standards for use as a
home or place of abode by one or more persons.
227tğŭĻ
HEATED WATER. Water heated to a temperature of not the lesser temperature
required by government authority, measured at faucet outlet.
HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used in this
chapter:
(1) An individual;
(2) A group of not more than three individuals, none of whom are related by blood, marriage,
adoption or foster care, but all of whom are maintaining a common residence and using common
cooking and kitchen facilities; or
(3) Up to two adult individuals, whether related or unrelated, residing in the same dwelling unit and
maintaining a common residence and common cooking and kitchen facilities and the dependent
child(ren) of each, if any.
OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a dwelling
unit.
OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual
possession of, or have charge, care or control of, any dwelling or dwelling units within the city as title
holder, employee or agent of the title holder or as trustee or guardian of the estate or person of the title
holder. Any person representing the actual title holder shall be bound to comply with the provisions of
this chapter to the same extent as the title holder.
PERSON. An individual, firm, partnership, association, corporation or joint venture or organization of
any kind.
PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by any dwelling or
nondwelling structure, including any building, accessory structure or other structure thereon.
REFUSE. All putrescible and nonputrescible waste solids, including garbage and rubbish.
RENTAL DWELLING UNIT. A dwelling unit let for rent or lease.
RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes,
such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding,
crockery and similar materials.
SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum standards
established by city ordinances.
§ 118.03 LICENSING OF RENTAL UNITS.
228tğŭĻ
(A) Issuance and renewal. No person shall operate a rental dwelling without first having obtained a license
to do so from the City Council as hereinafter provided. Each license shall be issued once every two
years and shall expire on December 31 following the issuance thereof. License renewals for the
following two years shall be filed on or before November 1 prior to the license expiration date.
(B) Conformance to laws. No license shall be issued or renewed unless the rental dwelling and its premises
conform to the ordinances of the city and the laws of the state.
(C) License fees. License fees for renewals of licenses shall be due on November 1 immediately prior to the
license expiration date. In cases of new unlicensed dwellings, license fees shall be due upon application
for a license.
(1) The licensee shall not be entitled to a refund of any license fee upon revocation or suspension of
the license.
(2) The City Council shall establish license fees by resolution, from time to time.
(D) License not transferable. No operating license shall be transferable to another person or to another
rental dwelling. Every person holding an operating license shall give notice, in writing, to the
Compliance Official within 72 hours after having legally transferred or otherwise disposed of the legal
control of any licensed rental dwelling. The notice shall include the name and address of the person
succeeding to the ownership or control of the rental dwelling or dwellings.
(E) Owner or agent to apply.
(1) Application. License application or renewal shall be made by the owner of the rental units or its
legally constituted agent. Application forms may be acquired from and subsequently filed with
the Compliance Official.
(2) Required information. The applicant shall supply:
(a) Name, address and telephone number of dwelling owner, owning partners if a
partnership, corporate officers if a corporation;
(b) Name, address and telephone number of designated resident agent, if any;
(c) Name, address and telephone number of management representative;
(d) Name, address and telephone number of vendee, if the dwelling is being sold through a
contract for deed;
(e) Legal address of the dwelling;
(f)Type of dwelling;
(g) Type and number of dwelling units within the dwelling; and
229tğŭĻ
(h) Description of procedure through which tenant inquiries and complaints are to be
processed.
(3) Zoning compliance. Upon application for a license the applicant must demonstrate to the
satisfaction of the Compliance Official that the rental dwelling is currently zoned for the
intended use.
(F) Posting of license. Every licensee of a multiple rental dwelling shall cause to be conspicuously posted
in the main entryway or other conspicuous location therein the current license for the respective multiple
rental dwelling. Licenses for one- and two-family rental dwellings shall be conspicuously posted near
the electrical service box for each unit.
(G) Inspection access.
(1) No license shall be issued or renewed unless the owner of a rental unit agrees in its application to
permit inspections as provided in this chapter.
(2) Whenever necessary to make an inspection to enforce any of the provisions of this code, or
whenever the Building Official or his or her authorized representative has reasonable cause to
believe that there exists in any building or upon any premises any condition or code violation
which makes the building or premises unsafe, dangerous or hazardous, the Building Official or
his or her authorized representative may enter the building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Building Official by this code;
provided, that if the building or premises be occupied, he or she shall first present proper
credentials and request entry; and if the building or premises be unoccupied, he or she shall first
make a reasonable effort to locate the owner or other persons having charge or control of the
building or premises and request entry. If the entry is refused, the Building Official or his or her
authorized representative shall have recourse to every remedy provided by law to secure entry.
Penalty, see § 118.99
§ 118.04 MINIMUM STANDARDS.
(A) Adoption of the Uniform Housing Code by reference. Chapters 5, 6, 7, 8, 9 and 10 of the ÐUniform
Housing Code, 1997 Edition,Ñ as may be amended, prepared by the International Conference of
Building Officials, are adopted and incorporated herein and shall be controlling within the city. At least
one copy of the code shall be on file in the office of the Compliance Official for use and examination by
the public.
(B) General provisions.
(1) Maintenance of shared or public areas. Every owner of a rental dwelling shall maintain in a
clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
230tğŭĻ
(2) Maintenance of occupied areas. Every occupant of a rental dwelling unit shall maintain in a
clean and sanitary condition that part or those parts of the dwelling unit and premises thereof that
it occupies and controls.
(3) One family per dwelling unit. Not more than one family, except for temporary guests, shall
occupy a rental dwelling unit.
(4) Accessory structure maintenance. Accessory structures supplied by the owner, agent or tenant
occupant on the premises of a rental dwelling shall be structurally sound and be maintained in
good repair and appearance. The exterior of the structures shall be made weather resistant
through the use of decay-resistant materials such as paint or other preservatives.
(5) Smoke detectors required. All rental dwelling units shall be provided with approved smoke
detectors and shall be installed in accordance with the State Building Code.
(C) Built-in deficiencies exempt. The following are built-in deficiencies and shall be exempt from
compliance with the code; provided, that the built-in deficiencies were in compliance with a building
code at the time of construction or do not pose a hazard.
(1) Ceiling height. Any existing habitable room with less than a seven and one-half foot ceiling
height shall be considered a built-in deficiency which is beyond reasonable correction.
(2) Superficial floor areas. Any existing habitable room of less than 90 square feet shall be
considered a built-in deficiency and beyond reasonable correction.
(3) Natural light and ventilation. Any existing habitable room with window area less than 10
percent of the floor area shall be considered a built-in deficiency beyond reasonable correction
but in no case shall the required natural light and ventilation be less than five percent of the floor
area.
(D) Correction of immediate hazards. No occupancy shall be permitted of any dwelling unit if vacant and
an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, immediate
corrective action shall be taken by the occupant, owner, agent of the owner, or other responsible persons.
The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant,
owner, agent of the owner or other responsible person fail to comply with any order to correct any
immediate hazard. Immediate hazards to health and safety for human occupancy shall include but not
be limited to the following:
(1) Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire box); burned
out or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and
pressure relief valves;
(2) Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out,
rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and
pressure relief valves;
231tğŭĻ
(3) Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated
equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems
of extension cords or other temporary methods; ungrounded systems;
(4) Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and traps; lack of a
water closet; lack of washing and bathing facilities; cross connection of pure water supply with
fixtures or sewage lines; or the lack of water;
(5) Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not
safely carry imposed loads;
(6) Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other
materials rendering residential buildings and structures unsanitary for human occupancy,
including lack of light and air; and
(7) Infestation of rats, insects and other vermin.
Penalty, see § 118.99
§ 118.05 INSPECTIONS.
(A) Purpose. The purpose of this section is to establish standards for a program of inspections meant to
improve and maintain the overall rental housing in the city. Housing inspections do not indicate
compliance with any inspectional program other than that of the city. Inspections are made as a public
service and do not constitute any representation, guarantee or warranty to any person as to the conditions
of the building inspected. The city does not assume any responsibility or liability in connection with the
inspection and issuance of the license required by this chapter.
(B) Initial compliance inspection. Prior to issuance of a license to operate a rental dwelling unit, the
Compliance Official, together with the local Fire Marshal, shall inspect the premises for compliance
with this chapter. A record of the inspection, listing any built-in deficiencies which are exempt from
compliance, shall be kept on file at the City Hall.
(C) Biannual compliance inspection. All rental dwelling units shall be reinspected for compliance with this
chapter a minimum of once every two years.
(D) Complaints inspections. Inspections shall be made at any time upon receipt of a complaint wherein the
complainant leaves his or her name, address and telephone number. Inspections will not be made based
upon anonymous complaints.
(E) Permission to enter. Permission of the tenant shall be requested before a rental unit is entered. If the
tenant refuses to permit the inspector to enter, the inspector is authorized to obtain an administrative
search warrant before making the inspection.
232tğŭĻ
§ 118.06 ADMINISTRATION AND ENFORCEMENT.
(A) Unfit for human habitation.
(1) Any rental dwelling or rental dwelling unit, which is damaged, decayed, dilapidated, unsanitary,
unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or
sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of
the occupants or of the public may be declared unfit for human habitation. Whenever any rental
dwelling or rental dwelling unit has been declared unfit for human habitation, the Compliance
Official shall order same vacated within a reasonable time and shall post a placard on same
indicating that it is unfit for human habitation and any operating license previously issued for the
dwelling shall be revoked.
(2) It shall be unlawful for the rental dwelling or rental dwelling unit to be used for human
habitation until the defective conditions have been corrected and written approval has been
issued by the Compliance Official. It shall be unlawful for any person to deface or remove the
declaration placard from any rental dwelling or rental dwelling unit.
(A) Secure unfit and vacated dwellings. The owner of any rental dwelling or rental dwelling unit which has
been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more,
shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public
and does not constitute a public nuisance. Any vacant dwelling open at doors, or windows, if
unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public
nuisance.
(B) Hazardous building declaration. In the event that a rental dwelling has been declared unfit for human
habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling
may be declared a hazardous building and be abated by repair, rehabilitation, demolition or removal in
accordance with the procedure specified in M.S. §§ 463.15 et seq., related to hazardous and substandard
buildings.
(C) Compliance order.
(1) Whenever the Compliance Official determines that any rental dwelling, or rental dwelling unit or
the premises surrounding any of these, fails to meet the provisions of this chapter, he or she may
issue a compliance order setting forth the violations of the ordinance and ordering the owner,
occupant, operator or agent to correct the violations.
(2) This compliance order shall:
(a) Be in writing;
(b) Describe the location and nature of the violations of this chapter;
233tğŭĻ
(c) Establish a reasonable time for the correction of the violation and notify of appeal
recourse; and
(d) Be served upon the owner or its agent or the occupant, as the case may require, and the
notice shall be deemed to be properly served upon the owner or agent, or upon any
occupant, if a copy thereof is:
1. Served upon the owner, agent or occupant personally; or
2. Sent by certified mail to its last known address.
(D) Right of appeal. When it is alleged by any person to whom a compliance order is directed that the
compliance order is based upon erroneous interpretation of this chapter, the person may appeal the
compliance order to the City Council sitting as a Board of Appeals. The appeals must be in writing,
must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution
of the City Council, from time to time, in cash or cashierÓs check, and must be filed with the Compliance
Officer within five business days after service of the compliance order. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from, unless a stay would cause imminent peril
to life, health or property.
(E) Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing shall be held
before the City Council, serving as the Board of Appeals, at its next regularly scheduled meeting. The
Board of Appeals shall make a determination concerning the validity of the appeal. The Board of
Appeals may reverse, modify or affirm, in whole or in part, the compliance order and may order return
of all or part of the filing fee if the appeal is upheld.
(F) Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental dwelling, or rental
dwelling unit, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease
or otherwise dispose thereof to another person until the provisions of the tag or compliance order have
been complied with, unless the owner shall furnish to the grantee, lessee or mortgagee a true copy of any
notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment.
Anyone securing an interest in the rental dwelling, or rental dwelling unit, who has received notice of
the existence of a violation tag or compliance order shall be bound by same without further service of
notice upon the person and shall be liable to all penalties and procedures provided by this chapter.
(G) License suspension or revocation.
(1) A license issued under the provisions of this chapter shall be subject to suspension or revocation
by the City Council for violation of any provisions of the City Code or laws of the state.
(2) In the event that a license is suspended or revoked by the City Council for just cause, it shall be
unlawful for the owner or its duly authorized agent to thereafter permit any new occupancy of a
vacant or thereafter vacated rental unit until the time as a valid license may be restored by the
City Council.
234tğŭĻ
(H) Alternative sanctions. Whenever the Compliance Official determines that any rental dwelling, or rental
dwelling unit, or the premises surrounding any of these fails to meet the requirements set forth in this
chapter, the Compliance Official may issue a violation tag summoning the responsible person into court
or request the issuance of a criminal complaint and arrest warrant.
(I)Conflicts. Any conflict between any provisions of this chapter and any term of a contractual relationship
between a landlord and a tenant shall be resolved in favor of this chapter.
(J) Penalties. Failure to comply with a compliance order after right of appeal has expired or violation of
any of the provisions of this chapter shall be a misdemeanor. Each day that a violation continues shall
be deemed a separate punishable offense.
(K) Separability. Every section, provision or part of this chapter is declared separable from every other
section, provision or part to the extent that if any section, provision or part of the ordinance shall be held
invalid, it shall not invalidate any other section, provision or part thereof.
Penalty, see § 118.99
§ 118.99 PENALTY.
A violation of this chapter shall be a misdemeanor. For continuing violations, each day the violation
exists shall be considered a separate offense.
Ord. #38, adopted 11/22/1999
235tğŭĻ
CHAPTER119:LICENSINGREFUSEHAULERS
Section
119.01 Licensing the collection of refuse, yard waste, recyclables and other waste products
119.99 Penalty
119.01 LICENSING THE COLLECTION OF REFUSE, YARD WASTE, RECYCLABLES AND
OTHER WASTE PRODUCTS.
(A) Purpose. The purpose of this section is to protect the public health, safety and welfare of the residents
of the city by licensing the collection and disposal of refuse, yard waste, recyclables and other waste
products.
(B) License required. No person shall deal in or collect refuse, yard waste, recyclables or any other waste
products within the city without first having received a license therefore from the city.
(1) Garbage shall collected in a covered and odor-free truck and disposed of at an approved landfill
or waste processing facility as set forth by the appropriate sections of state law and further
defined by the rules and regulations of the Minnesota Pollution Control Agency (MPCA), other
waste materials shall be covered to prevent blowing of materials from the load.
(2) Refuse at commercial properties will be collected a minimum of once per week.
(3) The licensed haulers shall require their customers to contain refuse for pickup in appropriate
containers for the type of refuse generated. Commercial customers shall use containers that
provide reasonable control of odors, fumes, dust, leakage or other conditions that may jeopardize
the public health, safety and welfare of the general public.
(4) Before a license is issued, the applicant shall file evidence with the Administrator showing that
the applicant has in effect public liability insurance for the haulerÓs business and for all vehicles
in at least the sum of $500,000 for injury of one person, $1,000,000 for the injury of persons in
the same accident and $100,000 for property damage.
(5) The license period shall run for the calendar year. The annual license fee shall be established by
resolution of the City Council.
Ord. 65, adopted 9/24/1997
236tğŭĻ
§ 119.99 PENALTY.
Any persons violating any provision of this chapter shall be guilty of a misdemeanor.
237tğŭĻ
CHAPTER120:LICENSES;WATERAND/ORSEWERSERVICELINE
INSTALLER
Section
120.01 Generally
120.02 Bond and insurance
120.99 Penalty
§ 120.01 GENERALLY.
(A) Except for plumbers and other contractors exempted by State law from be licensed by the City, no
excavator or water/sewer service line installer will be allowed to commence any water and/or sewer
service installation without first having obtained a license from the city. Forms supplied by the
Administrator shall be completed and accompanied by a license fee in the amount established by
Council resolution. Homeowners desiring to do their own work shall not be required to be licensed, but
the work shall be done under supervision of a plumber licensed by the State of Minnesota.
(B) The application shall include information as is requested by the city for determining identity and a
qualification to perform as a water/sewer service line installer. Upon a determination by the
Administrator that the application is complete and proper in all respects and the license fee is paid, the
Administrator shall issue the license. The term of the license shall run from the date of issue until
December 31 of the year of issue, unless sooner terminated by the City Council. Renewal shall be
accomplished by the same manner as original issue. The license may be revoked by action of the City
Council for violation of any ordinance, regulation, or law relating to the licensed work.
Penalty, see § 120.99
§ 120.02 BOND AND INSURANCE.
(A) No person shall be licensed under this section without first having obtained and deposited with the city,
a license bond, cash deposit or irrevocable letter of credit in the amount of $5,000 in a form approved by
the city conditioned that the city will be saved harmless from any loss, damage, cost or expense by
reason of any work performed under this chapter or by reason of improper or inadequate performance or
compliance with terms of this chapter by the holder of the license or his or her agent or employee.
(B) No person shall be licensed under this section unless the person shall secure insurance with a company
approved by the Administrator against damages or property injury or death to persons, which policy or
policies shall indemnify and save harmless the property owner whose premises the work will serve, the
city and all its officers and personnel against any claim, demand for damages or action arising out of or
by reason of doing the work or activities relating or incidental thereto, and from any costs,
disbursements or expense for defending the same. The property damage insurance coverage shall be in
238tğŭĻ
the amount of $50,000, the public liability insurance coverage limits for injury or death to any one
person in any one accident shall be $100,000, and the policy limits for any one accident shall be
$300,000. The policy or policies shall provide that the city shall be notified immediately of any
termination of or modification to the insurance.
Ord. #30, adopted 05/11/1977
§ 120.99 PENALTY.
Any persons violating any provision of this chapter shall be guilty of a misdemeanor. Notwithstanding
other penalties, any person who begins work governed by this chapter without first obtaining a license from the
city shall pay double the normal license fee.
239tğŭĻ
CHAPTER121:DANCES
Section
121.01 License required
121.02 License fee
121.03 License application
121.04 Security
121.99 Penalty
§ 121.01 LICENSE REQUIRED.
It is unlawful for any person to operate a public dancing place, or to hold a public dance, without a
license for that activity from the city. In lieu of a per dance license for a specific dance, the City Council may
grant an annual license under terms and conditions as it deems appropriate. The Council may impose
conditions on the license to ensure the safety and well-being of the public and may consider such factors as
capacity of the room or rooms where the dance is to be held, the availability of parking for patrons and impact
on adjoining properties and residents. A license shall not be required for a school conducting student dances on
its own premises.
Penalty, see § 121.99
§ 121.02 LICENSE FEE.
The license fee shall include the cost of providing attendance by a designated security officer or officers
when required by the Chief of Police. The license fee shall be fixed and determined by the Council at the time
the application is approved, which fee shall also include the cost of any investigation. An annual fee may be
charged for the application processing and investigation portion when license applicants contemplate numerous
public dances throughout a calendar year. Any portion or all of the license fee may be waived if the Council
finds that the applicant is a charitable, religious or fraternal committee, association or organization operating on
a purely nonprofit basis, and all dance proceeds other than direct operating expenses are used for benevolent or
charitable purposes.
§ 121.03 LICENSE APPLICATION.
An application for a dance license shall be filed with the city on forms as are specified by the City
Administrator and shall specify the names and addresses of the person, persons, committee or organization that
is to hold the dance, the time and place thereof, the area of the dance floor, the estimated number of dance
patrons and other information as the city may reasonably request.
240tğŭĻ
§ 121.04 SECURITY.
(A) The Chief of Police may designate a security officer or officers to be present at a public dance during the
entire time the dance is underway.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates
or requires a different meaning.
SECURITY OFFICER. Any person who is a full-time or part-time peace officer, a reserve
officer or a community service officer employed by the city.
(C) The total costs of any security provided by the city must be paid by the applicant, and the city may
require an advanced deposit or a corporate surety bond guaranteeing payment. Security officers
designated by the city shall have full authority to bar disruptive persons from the premises and to
otherwise engage in necessary policing activities including any activity necessary to preserve the peace.
§ 121.99 PENALTY.
Any persons violating any provision of this chapter shall be guilty of a misdemeanor.
31
241tğŭĻ
TITLE XIII: GENERAL OFFENSES
Chapter
130. GENERAL OFFENSES
242tğŭĻ
CHAPTER130:GENERALOFFENSES
Section
General Provisions
130.01 Curfew for minors
130.02 Lurking, loitering, and prowling
130.03 Discharge of firearms within City limits.
130.04 Sex Offender Residency Restrictions
Gambling Regulations
130.15 Adoption of state law
130.16 Definition
130.17 Records and reports
130.18 Profits
130.19 Fees
Cross-reference:
Traffic Code, see Title VII
GENERAL PROVISIONS
§ 130.01 CURFEW FOR MINORS.
(A) Purposes and findings.
(1) The City Council finds and determines that there has been an increase in juvenile violence and
crime by juveniles in the city.
(2) Juveniles are particularly susceptible by their lack of maturity and experience to participate in
unlawful activities and to be victims of older perpetrators of crime.
(3) Because of the foregoing, special and extenuating circumstances presently exist within this city
that require special regulation of juveniles within the city in order to protect them and other
persons during the nighttime hours, to aid in crime prevention, to promote parental supervision
and authority over minors and to decrease juvenile crime rates.
(4) In accordance with prevailing community standards, this section serves to regulate the conduct of
minors in public places during nighttime hours; to be effectively and consistently enforced for
243tğŭĻ
the protection of juveniles from each other and from other persons in public places during
nighttime hours; for the enforcement of parental control of, authority over and responsibility for
their children; for the protection of the general public from nighttime mischief by juveniles; for
the reduction in the incidents of juvenile criminal activities; for the furtherance of family
responsibility; and for the public good, safety and welfare.
(5) It is the intent of the City Council to review and evaluate the need and effect of the nighttime
curfew for juveniles set forth in this section on the incidence of juvenile criminal activity and
protection of juveniles against criminal activity.
(B) Authority. This section is enacted pursuant to the authority granted under M.S. § 145A.05, Subdivision
7a, as it may be amended from time to time.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
AUTHORIZED ADULT. Any person who is at least 18 years of age and authorized by a parent or
guardian to have custody and control of a juvenile.
CITY COUNCIL. The City of Centerville City Council.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for
immediate action. The term includes but is not limited to a fire, a natural disaster, automobile accident
or any situation requiring immediate action to prevent serious bodily injury or loss of life.
JUVENILE. A person under the age of 18 years. The term does not include persons under 18 who are
married or have been legally emancipated.
PARENT. Any person having legal custody of a juvenile as a natural parent, adoptive parent or
stepparent; as a legal guardian; or as a person to whom legal custody has been given by order of the
court.
PUBLIC PLACE.
(1) Any place to which the public or a substantial group of the public has access.
(2) The term includes but is not limited to streets, highways, roadways, parks, public recreation,
entertainment or civic facilities, schools and the common areas of hospitals, apartment houses,
office buildings, transport facilities and shops.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death,
serious permanent disfigurement or protracted loss or impairment of the function of any bodily member
or organ.
(D) Prohibited acts.
244tğŭĻ
(1) It is unlawful for a juvenile under the age of 12 years to be present in any public place within the
city:
(a) Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday,
and 5:00 a.m. of the following day; and
(b) Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. the following day.
(2) It shall be unlawful for any juvenile age 12 to 14 years to be present in any public place within
the city:
(a) Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday, and 5:00 a.m. of the following day; and
(b) Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following
day.
(3) It shall be unlawful for any juvenile age 15 to 17 years to be in any public place within the city:
(a) Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday, and 5:00 a.m. of the following day; and
(b) Any time between 12:01 a.m. on any Friday or Saturday and 5:00 a.m. on the following
day.
(4) (a) It shall be unlawful for a parent or authorized adult of a juvenile to knowingly, or through
negligent supervision, habitually permit the juvenile to be in any public place within the
city during the hours prohibited by divisions (D)(1), (D)(2) and (D)(3) of this section,
under the circumstances not constituting an exception to this section as set forth in
division (E) of this section.
(b) The term KNOWINGLY includes knowledge which a parent or authorized adult shall
reasonably be expected to have concerning the whereabouts of a juvenile under that
personÓs care.
(5) It shall be unlawful for any person operating or in charge of any place of amusement or
refreshment which is open to the public to knowingly and habitually permit any juvenile to be in
that place during the hours prohibited by divisions (D)(1), (D)(2) and (D)(3) of this section,
under circumstances not constituting an exception to this section as set forth in division (E) of
this section. The term PERSON OPERATING shall mean any individual, firm, association,
partnership or corporation operating, managing or conducting any such establishment. The term
includes the members or partners of an association or partnership and the officers of a
corporation.
(E) Exceptions.
245tğŭĻ
(1) The following shall constitute valid exceptions to the operation of the curfew:
(a) At any time, if a juvenile is accompanied by his or her parent or an authorized adult;
(b) At any time, if a juvenile is involved in an emergency or attempting to remedy, alleviate
or respond to an emergency;
(c) If the juvenile is engaged in a lawful employment activity, or is going to or returning
home from his or her place of employment;
(d) If the juvenile is attending an official school, religious or other social or recreational
activity supervised by adults and sponsored by a city or the county, a civic organization
or another similar entity that takes responsibility for the juvenile;
(e) If the juvenile is going home or returning home from, without any detour or stop, an
official school, religious or other recreational activity supervised by adults and sponsored
by a city or the county, a civic organization or another similar entity that takes
responsibility for the juvenile;
(f) If the juvenile is on an errand as directed by his or her parent, without any detour or stop;
(g) If the juvenile is engaged in interstate travel;
(h) If the juvenile is on the public right-of-way, boulevard or sidewalk abutting the juvenileÓs
residence or abutting the neighboring property, structure or residence;
(i) If the juvenile is exercising First Amendment rights protected by the United States
Constitution (or those similar rights protected by Minnesota Constitution Article 1), such
as free exercise of religion, freedom of speech and the rights of assembly; or
(j) If the juvenile is homeless or uses a public or semi-public place as his or her usual place
of abode.
(2) It is an affirmative defense to prosecution under division (D)(5) of this section that:
(a) The owner, operator or employee of an establishment promptly notified the Police
Department that a juvenile was present on the premises of the establishment during
curfew hours and refused to leave; and/or
(b) The owner, operator or employee reasonably and in good faith relied upon a juvenileÓs
representations of proof of age. Proof of age may be established pursuant to M.S. §
340A.503, Subdivision 6, as may be amended, or other verifiable means, including but
not limited to school identification cards and birth certificates.
(F) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the
apparent offenderÓs age and reason for being in a public place. The officer shall not issue a citation or
246tğŭĻ
make an arrest under this section unless the officer reasonably believes that an offense has occurred and
that no exception set forth in division (E) of this section is applicable.
(G) Continuing review and evaluation. The City Attorney shall prepare and submit a report annually to the
City Council evaluating violations of this section and the criminal activity by and against juveniles
within the city during the preceding year.
(H) Effective date. The effective date of this section was 12/01/1995.
Ord. #3-B, adopted 11/21/1995
§ 130.02 LURKING, LOITERING, AND PROWLING.
(A) Loitering; circumstances cause alarm.
(1) Prohibition. A person must not lurk, loiter, or prowl in any place, at a time or in a manner not
usual for law abiding individuals, under circumstances that warrant alarm for the safety of
persons or property in the vicinity.
(2) Circumstances causing alarm. Among the circumstances that may be considered in determining
whether alarm is warranted is the fact that the person takes flight upon the appearance of a police
officer, refuses to identify himself or herself or endeavors to conceal himself or herself or an
object.
(3) Authority to detain. A police officer may stop and briefly detain a person suspected of violating
division (A)(1) above if the personÓs behavior reasonably causes suspicion of criminal activity.
The officerÓs reasonable suspicion must be based on objective, articulable facts and reasonable
inferences drawn from all the circumstances surrounding the personÓs behavior.
(4) Opportunity to dispel alarm.
(a) Unless flight by the person or other circumstances make it impracticable, a police officer
must, prior to any arrest for a violation of division (A)(1) above, allow the person an
opportunity to dispel any alarm which would otherwise be warranted by requesting him
to identify himself or herself and explain his or her presence and conduct. The person
may identity himself or herself by presenting any of the following:
1. A state-issued identification card or driver's license containing the personsÓ
photograph;
2. An employer-issued identification card which verifies the personÓs employment
and includes the personÓs photograph;
3. A currently valid passport;
247tğŭĻ
4. A certified copy of the personÓs birth certificate; or
5. Verification of the personÓs identity by another person who can establish his or
her own identity by one of the documents listed above.
(b) An explanation of the personÓs presence and conduct will be sufficient to dispel
alarm if it shows that the person was engaging in, and planning to continue engaging in,
lawful activity consistent with his or her actions and all the circumstances surrounding
his or her behavior.
(5) Requisites for conviction. A person may not be convicted of violating division (A)(1) above if:
(a) No police officer gave the person the opportunity provided in division (A)(4) above to
dispel the alarm created by his or her actions; or
(b) The finder-of-fact determines that the police officer should have accepted the personÓs
explanation as sufficient to dispel alarm.
(B) Loitering; intent to commit crime. A person must not in any public or private place lurk, loiter, prowl,
lie in wait or be concealed with intent to commit any act prohibited by law.
(C) Loitering; obstructing public passage. A person must not loiter, stand, sit or lie in or upon any public
property, private sidewalk, street, curb, crosswalk, walkway area, parking lot, mall, or other portion of
private property open for public use, so as to unreasonably block, obstruct, or hinder free passage of the
public. Also, a person must not unreasonably block, obstruct, or hinder free access to the entrance of a
building or part of a building open to the public without consent of the owner or occupant. A person
may not be arrested or convicted under this provision until after a police officer has informed the person
that his or her action violates this section and has asked the person to move to a location, if one is
available, that would not violate this section.
(D) Loitering; signs prohibiting. A person must not loiter, stand, sit or lie for a period longer than ten
minutes in any area where a sign prohibiting loitering has been posted.
§ 130.03 DISCHARGE OF FIREARMS WITHIN CITY LIMITS.
(A) It shall be unlawful to shoot, fire off, discharge or explode any gun, pistol, revolver or other firearm or
device which ejects a projectile upon or onto any road, street, avenue, sidewalk or other public place, or
inside any dwelling or structure in the city except upon ranges permitted by the City Council.
(B) It shall be unlawful to shoot, fire off, discharge or explode any single ball ammunition in the city except
upon ranges permitted by the City Council.
(C) It shall be unlawful to own or operate a rifle or shooting range in this city unless a permit therefore be
issued by the City Council. The fee for the permit shall be $15 and the fee shall be paid to the
Administrator prior to issuance thereof.
248tğŭĻ
(D) Nothing herein contained shall prohibit the use of firearms by duly authorized police officers or law
enforcement officers, or by persons engaged in the lawful defense of person or property.
Ord. #5, adopted 10/10/1973
§ 130.04 SEX OFFENDER RESIDENCY RESTRICTIONS.
(A) Findings and Intent.
(1) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who
prey on children are sexual predators who present an extreme threat to the public safety. Sexual
offenders are extremely likely to use physical violence and to repeat their offenses, and most
sexual offenders commit many offenses, have many more victims than are ever reported, and are
prosecuted for only a fraction of their crimes. This makes the cost of sexual offender
victimization to society at large, while incalculable, clearly exorbitant.
(2) It is the intent of this article to serve the CityÓs compelling interest to promote, protect, and
improve the health, safety and welfare of the citizens of the City by creating areas around
locations where children regularly congregate in concentrated numbers wherein certain sexual
offenders and sexual predators are prohibited from establishing temporary or permanent
residence.
(B) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
DESIGNATED OFFENDER means any person who has been convicted of a designated sexual offense,
regardless of whether adjudication has been withheld, or has been categorized as a Level III sex offender
under Minnesota Statute § 244.052 or successor statute.
DESIGNATED SEXUAL OFFENSE means a conviction, adjudication of delinquency, commitment
under Minnesota Statute §§ 253B, or admission of guilty under oath without adjudication involving any
of the following offenses: 609.342; 609.343; 609.344; 609.345; 609.352; 609.365, 617.23; 617.247;
617.293; successor statutes; or a similar offense from another state.
PERMANENT RESIDENCE means a place where the person abides, lodges, or resides for fourteen
(14) or more consecutive days.
TEMPORARY RESIDENCE means a place where the person abides, lodges, or resides for a period of
fourteen (14) or more days in the aggregate during any calendar year and which is not the personÓs
permanent address, or a place where the person routinely abides, lodges, or resides for a period of four
or more consecutive or nonconsecutive days in any month and which is not the personÓs permanent
residence.
(C) Sexual Offender and Sexual Predator Residence Prohibition; Penalties; Exceptions.
249tğŭĻ
(1) Prohibited location of residence. It is unlawful for any designated offender to establish a
permanent residence or temporary residence: a) within 2,000 feet of any school, licensed day
care center, park, or playground; or b) within 1,000 feet of any designated public school bus stop,
place of worship which provides regular educational programs (i.e. Sunday school), or other
places where children are known to congregate.
(2) Prohibited Activity. It is unlawful or any designated offender to participate in a holiday event
involving children under 18 years of age, such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter
Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or
guardian of the children involved, and no non-familial children are present, are exempt from this
paragraph.
(3) Measurement of Distance.
(a) For purposes of determining the minimum distance separation, the requirement shall be
measured by following a straight line from the outer property line of the permanent
residence or temporary residence to nearest outer property line of school, designated
public school bus stop, day care center, park, playground, place of worship, or other place
where children regularly congregate.
(b) The City Clerk shall maintain an official map showing prohibited locations as defined by
this Ordinance. The Clerk shall update the map at least annually to reflect any changes in
the location of prohibited zones.
(4) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000.00
or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each
day a person maintains a residence in violation of this ordinance constitutes a separate violation.
(5) Exceptions. A designated offender residing within a prohibited area as described in Section C
does not commit a violation of this section if any of the following apply:
(a) The person established the permanent residence or temporary residence, and if otherwise
required by law, reported and registered the residence pursuant to Minnesota Statute §
243.166, § 243.167, or successor statute, prior to August 12, 2009.
(b) The school, designated public school bus stop, day care center, park, playground, place of
worship, or other place where children regularly congregate within the prohibited
distance to the personÓs permanent or temporary residence was opened after the person
established the permanent residence or temporary residence and reported and registered
the residence pursuant to Minnesota Statute § 243.166 or § 243.167.
(c) The residence is also the primary residence of the personÓs parents, grandparents,
siblings, spouse or children.
250tğŭĻ
(D)Property Owners Prohibited From Renting Real Property to Certain Sexual Offenders and Sexual
Predators; Penalties.
(1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with
the knowledge that it will be used as a permanent residence or temporary residence by any
person prohibited from establishing such permanent residence or temporary residence pursuant
to this Chapter, if such place, structure, or part thereof, trailer or other conveyance, is located
within a prohibited location zone described in Section C.
(2) A property ownerÓs failure to comply with provisions of this Section shall constitute a violation
of this Section, and shall subject the property owner to the code enforcement provisions and
procedures as provided in this Code, including the provisions that allow the City to seek relief as
otherwise provided by law.
(3) If a property owner discovers or is informed that a tenant is a designated offender after signing a
lease or otherwise agreeing to let the offender reside on the property, the owner or property
manager may evict the offender.
(4) Severability. Should any section, subdivision, clause or otherwise provision of this Ordinance be
held to be invalid by any court of competent jurisdiction, such decision shall not affect the
validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid.
Ord. 2d #31, adopted 08/13/2009
GAMBLING REGULATIONS
§ 130.15 ADOPTION OF STATE LAW.
The provisions of M.S. Chapter 349, as it may be amended from time to time, is hereby adopted by
reference the same as if it were fully set forth herein.
Ord. #51, adopted 03/13/1991, Ord. amended 08/25/1993, Ord. amended 08/23/1995, Ord. amended
05/22/2002
§ 130.16 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly
indicates or requires a different meaning.
PROFIT. The gross receipts from the operation of gambling devices and the conduct of raffles, less
reasonable sums expended for prizes, local licensing fees, taxes, maintenance costs for the devices,
purchase of gambling supplies, state and federal taxes, all necessary bonds, salaries and clerical supplies.
251tğŭĻ
Ord. #51, adopted 03/13/1991, Ord. amended 08/25/1993, Ord. amended 08/23/1995, Ord. amended
05/22/2002
§ 130.17 RECORDS AND REPORTS.
A copy of all applications and reports applicable to the city required by and submitted to the Minnesota
Charitable Gambling Control Board shall also be submitted to the city within seven days after they were
submitted to the Board.
Ord. #51, adopted 03/13/1991, Ord. amended 08/25/1993, Ord. amended 08/23/1995, Ord. amended
05/22/2002
§ 130.18 PROFITS.
Profits from the operation of gambling devices or the conduct of raffles shall be used solely for lawful
purposes as defined in M.S. Chapter 349, as amended, and as authorized at a regular meeting of the
organization. The city requires that the charitable gambling organization licensed to operate within its
jurisdiction contribute ten percent per year of its net profits to an established Charitable Gambling Fund of the
city to be expended for lawful purposes, including police, fire and other emergency public safety-related
services, equipment and training. However, the funds may not be used for the payments of pension obligations
or general city functions. A licensed organization that contributes to the ten percent fund may not be the
beneficiary of that fund. Not less than 40 percent of the profits from the operation of gambling or the conduct
of raffles earned by charitable organizations other than veteransÓ clubs shall be lawfully expended within the
trade area of the city, which also includes the Cities of Hugo, Lino Lakes, Blaine, Circle Pines and Lexington.
Ord. #51, adopted 03/13/1991, Ord. amended 08/25/1993, Ord. amended 08/23/1995, Ord. amended
05/22/2002
§ 130.19 FEES.
(A) Investigation fee.
(1) Upon being notified by the Board of a license, the organization shall pay to the city an
investigation fee in an amount to be determined by the City Council in the form of a resolution.
(2) Failure to promptly pay the required investigation fee shall be grounds for disapproval of a
license.
(B) Permit fee. No organization may conduct a gambling event which would otherwise be allowed pursuant
to the exemptions set forth in M.S. § 349.214, as amended, without first securing a permit from the city
and paying a permit fee in an amount to be determined by the City Council in the form of a resolution.
252tğŭĻ
(C) Fee based on net profit.
(1) The fees shall be based on a percentage of the net profit from charitable gambling operations
within the city.
(2) The percentage of the fee shall be designated by the City Council by resolution.
(3) The fee for charitable gambling shall be used for public purposes and directed to a charitable
organization as designated by the City Council.
Ord. #43, adopted 2/24/1988, Ord. #51, adopted 03/13/1991, Ord. amended 08/25/1993, Ord. amended
8/23/1995, Ord. amended 05/22/2002
253tğŭĻ
CHAPTER150:BUILDINGREGULATIONS
Section
Minnesota Building Code
150.01 Building Code adopted
Minnesota State Fire Code
150.10 Uniform Fire Code adopted
Sump Pumps
150.30 Sump pump required
Property Under Construction
150.45 Site maintenance of property under construction
Costs
150.60 Reimbursement of costs associated with certain developments
150.99 Penalty
MINNESOTA BUILDING CODE
§ 150.01 BUILDING CODE ADOPTED.
(A) Building Code adopted.
(1) The Minnesota Building Code, as adopted by the Commissioner of Administration pursuant to
M.S. §§ 16B.59 through 16B.75, including all of the amendments, rules and regulations
established, adopted and published from time to time by the Minnesota Commissioner of
Administration, through the Building Codes and Standards Division, is hereby adopted by
reference with the exception of the optional chapters, unless specifically adopted in this section.
The Minnesota Building Code is hereby incorporated in this section as if fully set out herein.
(B) Application, administration and enforcement.
254tğŭĻ
(1) The application, administration and enforcement of the code shall be in accordance with the
Minnesota Building Code. The code shall be enforced within the extraterritorial limits permitted
by M.S. § 16B.62, Subdivision 1, as amended, when so established by this section.
(2) The code shall be enforced by the state-certified Building Official designated by the city to
administer the code.
(C) Permits and fees.
(1) The issuance of permits and the collection of fees shall be as authorized in M.S. § 16B.62,
Subdivision 1, as amended.
(2) Permit fees shall be assessed for work governed by this building code in accordance with the
schedule resolution adopted by the city on an annual basis. In addition, a surcharge fee shall be
collected on all permits issued for work governed by this code in accordance with M.S. §
16B.70, as amended.
(D) Building Code optional chapters.
(1) (a) The Minnesota Building Code, established pursuant to M.S. §§ 16B.59 to 16B.75,
as amended, is hereby adopted as the building code for the city. The code is
hereby incorporated in this section as if fully set out herein.
(b) The Minnesota Building Code includes the following chapters of Minnesota
Rules:
1. Chapter 1300, Administration of the Minnesota State Building Code;
2. Chapter 1301, Building Official Certification;
3. Chapter 1302, State Building Code Construction Approvals;
4. Chapter 1303, Minnesota Provisions;
5. Chapter 1305, Adoption of the 2006 International Building Code;
6. Chapter 1306, Special Fire Protection Systems;
7. Chapter 1307, Elevators and Related Devices;
8. Chapter 1309, Adoption of the 2006 International Residential Guide;
9. Chapter 1311, Adoption of the 2002 Guidelines for the Rehabilitation of Existing
Buildings;
10. Chapter 1315, Adoption of the 2006 National Electrical Code;
255tğŭĻ
11. Chapter 1325, Solar Energy Systems;
12. Chapter 1330, Fallout Shelters;
13. Chapter 1335, Floodproofing Regulations;
14. Chapter 1341, Minnesota Accessibility Code;
15. Chapter 1346, Adoption of the Minnesota State Mechanical Code;
16. Chapter 1350, Manufactured Homes;
17. Chapter 1360, Prefabricated Structures;
18. Chapter 1361, Industrialized/Modular Buildings;
19. Chapter 1370, Storm Shelters (Manufactured Home Parks);
20. Chapter 4715, Minnesota Plumbing Code; and
21. Chapters 7670, 7672, 7674 and 7678, Minnesota Energy Code.
(2) (a) The following optional provisions identified in the most current edition of the
Minnesota Building Code are hereby adopted and incorporated as part of the
building code for the city: Minn. Rules §§ 1306, 1306.0020, Subd. 2, and
1306.0030, Item E, Option #1.
(b) This city also adopts Minn. Rules Chapter 1335, Floodproofing Regulations, parts
1335.0600 to 1335.1200 and Appendix Chapter K (Grading), of the 2002
Supplement to the 2000 International Building Code.
(E) Violations and penalties. A violation of the code is a misdemeanor pursuant to M.S. § 16B.69, as
amended, and Minn. Rules, Chapter 1300.
Statutory reference:
Enforcement of code, see M.S. § 16B.65, Subdivision 1
Ord. #76, adopted 06/11/2003, Ord. amended 12/08/2004
MINNESOTA STATE FIRE CODE
256tğŭĻ
§ 150.10 UNIFORM FIRE CODE ADOPTED.
(A) Uniform Fire Code adopted. There is hereby adopted by the city, for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or explosion, incorporates into
this Code the Minnesota State Fire Code set forth in Minnesota Rules, Chapter 7510, which is based on
the 2000 edition of the International Fire Code, and as said rules and code may be, by the state, amended
from time to time, or replaced. One copy of the code adopted in this section is on file in the office of the
Fire Prevention Bureau and one copy is on file in the office of the city, and the same are hereby adopted
and incorporated as fully as if set out at length herein. From the date on which this section shall take
effect, the provision thereof shall be controlling within the limits of the city.
(1) The city adopts by reference the following appendices to said International Fire Code, their
successors and amendments:
(a) Appendix B - fire flow requirements for buildings;
(b) Appendix C - fire hydrant location and distribution;
(c) Appendix D - fire apparatus access roads;
(d) Appendix H - fires or barbecues on balconies or patios (as amended by Minnesota
Rules, 7510.3710, subpart 11);
(e) Appendix I - special locking arrangement for group I occupancies (as amended by
Minnesota Rules 7510.3710, subpart 12);
(2) Appendix B, Section 105.1, of the 2000 International Fire Code is not adopted and is not a part
of the city ordinance.
(B) Establishment and duties of Bureau of Fire Prevention.
(1) The State Fire Code shall be enforced by the Bureau of Fire Prevention (or other designated
agency) in the Fire Department of the Centennial Fire District which is hereby established and
which shall be operated under the supervision of the Chief of the Fire Department.
(2) The Chief in charge of the Bureau of Fire Prevention (or other designated agency) shall be
appointed by City Council on the basis of examination to determine his or her qualifications.
(3) The Chief of the Fire Department may detail members of the Fire Department as inspectors as
shall from time to time be necessary. The Chief of the Fire Department shall recommend to the
City Administrator and City Council the employment of technical inspectors who, when that
authorization is 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.
257tğŭĻ
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Whenever the word JURISDICTION is used in the State Fire Code, it shall mean the Centennial
Fire District.
(2) Whenever the words CHIEF OF THE BUREAU OF FIRE PREVENTION are used, they shall
be held to mean Fire Chief, Fire Marshal or any authorized fire inspector of the Bureau of Fire
Prevention.
(D) Establishment of limits of districts in which storage of flammable or combustible liquids in outside
above-ground tanks is prohibited. The limits referred to in the State Fire Code in which the storage of
flammable or combustible liquids is restricted except for home and recreational use. Storage in this
manner is, by example, gas cans or similar containers that are approved and hold two and one-half or
five gallons. This exception is not intended to allow large quantities to be stored. A guideline would
follow that ten gallons should be adequate and more would be excessive. The storage of flammable or
combustible liquids in outside above-ground tanks is prohibited within all zones except B-1 and I-1. In
those zones where tanks are permitted, tanks may not be located in front or side yards.
(E) Establishment of limits in which storage of liquefied petroleum gases is to be restricted. The limits
referred to in the State Fire Code in which storage of liquefied petroleum gas is restricted are hereby
established as follows except for home and recreational use. Home and recreational use would allow
storage of liquefied petroleum in approved containers with a guideline limit of 40 pounds in the
restricted area. The restricted areas are: All residential districts; P Public Use; and the Mixed Use
districts.
(F)Establishment of limits of districts in which storage of explosives and blasting agents to be prohibited.
The limits referred to in the State Fire Code in which storage of explosives and blasting agents is
prohibited are hereby established as follows: All zoning districts except the I-1 industrial zone.
(G) Appeals. Whenever the Chief disapproves an application or refuses to grant a permit applied for, or
when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the
code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the
Chief to the City Council within 30 days from the date of the decision appealed.
(H) New materials, processes or occupancies which may require permits. The Building Official, the City
Administrator and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and
specify, after giving affected persons an opportunity to be heard, any new materials, processes or
occupancies for which permits are required, in addition to those now enumerated in the State Fire Code.
The Chief of the Bureau of Fire Prevention shall post the list in a conspicuous place in his or her office,
and distribute copies thereof to interested persons.
Ord. #55, adopted 08/14/1991
SUMP PUMPS
258tğŭĻ
§ 150.30 SUMP PUMP REQUIRED.
(A) Sump pump systems required. Sump pump systems shall be installed in new residential, commercial and
industrial buildings, except in situations of on-grade construction.
(B) Stormwater discharge prohibited. It shall be unlawful for any owner, occupant or user of any premises
to direct into or allow any stormwater, surface water, groundwater, roof runoff, pond overflow, well
water or water from residential, industrial or commercial air conditioning systems to drain into the
sanitary sewer system of the city.
(C) Draintile system. A draintile, sump basket, pump, electrical receptacle and rigid pipe connection to the
outside shall be required for any new residential buildings constructed within the city. The Building
Official may determine the need for this installation when slab-on-grade construction occurs. The
system shall be installed as follows:
(1) The building shall have a draintile placed around the inside perimeter of the foundation
connected to a sump basket. The sump basket shall be located at least ten feet away from any
inside floor drain;
(2) A discharge pipe shall be installed to the outside wall of the building with rigid pipe (plastic,
copper, galvanized or black pipe), 3/4-inch inside diameter minimum, and shall be a permanent
installation. A permanent installation shall be one which provides for year round discharge
capability to either the outside of the dwelling, building, or structure, or is directly connected to a
city storm sewer. It shall consist of a rigid discharge line to the outside of the exterior wall of the
structure, without valving or quick connections for altering the path of discharge. When not
connected to a city storm sewer, the outlet shall be to the rear yard of the property, unless another
location is specifically authorized by the City. Connections directly to the city storm sewer shall
require a permit from the City.
(3) The electrical receptacle shall be located no greater than five feet from the sump basket.
(D) Alternate materials or methods. The provision of this section are not intended to prevent the use of any
material or method of construction not specifically prescribed by this section; provided, any alternate
has been approved and its use authorized by the Building Official. The Building Official may approve
any alternate, provided that the proposed design is satisfactory and complies with the provisions of this
section and that the material, method or work offered is, for the purpose intended, at least the equivalent
of that prescribed in this section. The Building Official shall require that sufficient evidence or proof be
submitted to substantiate any claims that may be made regarding its use. The details of any action
granting approval of an alternate shall be recorded and entered in the files of the department of the
Building Official.
(E) Existing installations. When a draintile system is to be installed in an existing structure that had no
system of surface water drainage when first constructed, the system shall be installed the same as for
new construction.
259tğŭĻ
Ord. #57, adopted 07/28/1993
PROPERTY UNDER CONSTRUCTION
§ 150.45 SITE MAINTENANCE OF PROPERTY UNDER CONSTRUCTION.
(A) Containment of debris. On parcels on which construction is taking place, the property owner shall be
responsible to contain all rubbish, debris and excess construction material within the construction site.
(B) Removal of debris.
(1) The property owner is responsible to remove all rubbish, debris and excess construction material
from the construction site bi-weekly.
(2) In the event the property owner fails to contain or remove rubbish, debris or excess construction
material, the city shall be authorized to clean the premises and the property owner shall be
responsible for the costs thereof.
(C) Site maintenance deposit.
(1) A site maintenance deposit shall be placed in escrow to the city at the time that a building permit
is issued. The escrow charges shall be established according to the annual fee schedule approved
by City Council.
(2) Contingent upon no city action being required to monitor and/or clean the site, the escrow
amount as established per the annual fee schedule shall be refunded to the individual/company
that originally supplied the escrow deposit along with the building permit, less an administrative
fee also established per the annual fee schedule, at the time that construction on the parcel has
ceased, and the construction site is free of rubbish, debris and excess construction materials.
(D) Payment or assessment of costs.
(1) The cost for any action taken by the city to monitor or clean the site will be deducted from the
maintenance deposit. Should the costs for city action exceed the escrow deposit established by
the fee schedule, the property owner will be billed for the excess.
(2) A certificate of occupancy will not be issued for newly constructed buildings until this bill is
paid in full.
(3) Periodically, the Administrator shall list the total unpaid charges for monitoring and removal of
rubbish, debris or excess construction materials against each separate lot or parcel to which they
are attributable under this section. The City Council may then spread the assessment charges
against the property benefitted as a special assessment under M.S. § 429.101, as amended, and
other pertinent statutes for certification to the County Auditor and collection along with the
current taxes the following year.
260tğŭĻ
(4) A fee established by the annual fee schedule for final site inspection shall be retained by the city.
Penalty, see § 150.99
Ord. #52, adopted 06/12/1991, Ord. amended 09/08/2004
COSTS
§ 150.60 REIMBURSEMENT OF COSTS ASSOCIATED WITH CERTAIN DEVELOPMENTS.
The city encourages the development and redevelopment of lands within the city. It shall be the general
policy of the city that private developments shall not be subsidized by the city, but shall pay all costs associated
with such development or redevelopment, including but not limited to staff time and consulting fees. When
practical, the city shall require development agreements with adequate security to ensure that city costs are
reimbursed by the developer or property owner.
§ 150.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
261tğŭĻ
CHAPTER 151: RESERVED FOR FUTURE
262tğŭĻ
CHAPTER152:SIGNREGULATIONS
Section
General Provisions
152.01 Title
152.02 Purpose and intent
152.03 Definitions
General Regulations
152.15 General regulations
152.16 Permitted signs with no permit required
152.17 Portable signs
152.18 District regulations
152.19 Comprehensive sign plan required
152.20 Adjustments and appeals
152.21 Nonconforming signs
152.22 Enforcement
152.99 Penalty
GENERAL PROVISIONS
§ 152.01 TITLE.
This chapter shall be known as the Centerville Signage Ordinance, except as herein referred to as this
chapter.
Ord. #39, adopted -
§ 152.02 PURPOSE AND INTENT.
It is the purpose of this chapter to:
(A) Establish a set of standards for the fabrication, erection, use and maintenance for signs, symbols,
markings, advertising devices or other items that serve as visual communication media;
263tğŭĻ
(B) Allow creativity in sign design while at the same time ensuring that the public is not endangered,
annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary use of visual
communication media; and
(C) Provide administration and procedures for requiring permits, payments of fees and provide for penalties
for noncompliance.
Ord. #39, adopted -
§ 152.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
AREA IDENTIFICATION SIGN. A freestanding sign that identifies the name of a residential
subdivision, commercial or industrial development.
BILLBOARD. A sign erected for the purpose of advertising a product, event, person or subject not
entirely related to the premises on which the sign is located.
BUSINESS FRONTAGE. The linear frontage of that portion of a building facing the right-of-way and
occupied by one separate business.
CANOPY. A permanent roof structure attached to and supported by the building.
CHANGEABLE COPY SIGN. Any sign that is characterized by changeable copy, letters or symbols,
regardless of method of attachment.
DIRECTIONAL SIGN. An on-premises sign designed to guide or direct pedestrian or vehicular traffic.
DYNAMIC SIGN. Any sign that appears to have movement or that appears to change, however
frequently by any method other than physically removing part of the sign or its component, whether the
apparent movement is in the display, the sign structure itself or any component of the sign. This
includes but is not limited to any sign that uses technology or any method that changes the image or sign
face without physically changing the sign face or its components. This includes but is not limited to any
rotating, revolving, moving , flashing, blinking, or animated display that includes rotating panels, LED
lights manipulated through digital input or any other method that allows a sign face to display a changed
image or series of images or displays.
FLAGS. Devices generally made of flexible materials, such as cloth, paper or plastic, and displayed on
poles, strings or wires, but excluding the flag of any country or state.
FLASHING SIGN. An illuminated sign on which the illumination is not kept constant in intensity or
color at all times when the sign is in use.
264tğŭĻ
GROUND SIGN. Any sign supported by structures or supports that are permanently anchored in the
ground and that are independent from any building or structure.
HISTORICAL IDENTIFICATION SYMBOLS. Those symbols which have historically been
identified with the service the establishment provides, are common to similar enterprises in all other
localities and are not a particular trademark or business identification.
ILLUMINATED SIGN. A sign that has an artificial light source directed upon it or which has an
interior light source.
MAJOR ANCHOR. A single tenant in a shopping center that is at least 20 percent of the total square
footage and in excess of 50,000 square feet.
MOTION SIGN. A sign that revolves, rotates or moves.
POLITICAL SIGN. Any sign which states the name or picture of an individual seeking election or
appointment to a public office, pertaining to a forthcoming public election or referendum, or pertaining
to or advocating political views or policies erected on private property, which is erected by a bona fide
candidate for political office or by a person or group supporting the candidate, and which contains the
name of the person or group chairperson responsible for the erection and removal of the sign.
PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure or a
sign designed to be transported, including but not limited to signs designed to be transported by means
of wheels, signs converted to A- or T-frames; umbrellas used for advertising; and signs attached to or
painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the
normal day-to-day operations of the business.
PYLON SIGN. A sign installed on a post or posts, permanently anchored to the ground.
SETBACK. The minimum horizontal distance between a lot line and a building line or use.
SIGN. A name, identification, description, display, illustration structure or device which is affixed to or
painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of
land, and which directs attention to an object, product, place, activity, person, institution, organization or
business.
SIGN AREA. The entire area within a continuous perimeter enclosing a sign, exclusive of sign
embellishments, which may extend beyond the perimeter as regulated herein; the perimeter shall not
include any structural elements lying outside of the sign and is not an integral part of the display.
Double-faced signs are permitted with the maximum square footage allowed on each face as that
allowed for a single-faced sign; multi-faced sign areas may not exceed the area permitted for a single-
faced sign.
SIGN HEIGHT. Height shall be measured from grade to the uppermost points or level of sign surface.
265tğŭĻ
TEMPORARY SIGN. A sign that is not permanently affixed. All devices such as banners, pennants,
flags (not intended to include flags of any nations), searchlights, twirling or sidewalk or curb signs and
balloons or other air- or gas-filled figures.
WALL SIGN. An advertising sign attached to or erected against the wall of a building or structure with
the exposed face to the sign in a plane approximately parallel to the face of the wall and extending not
more than 15 inches from the building wall face.
WINDOW SIGN. A sign affixed to or inside a window in view of the general public, but excluding
merchandise on display.
Ord. #39, adopted - -
GENERAL REGULATIONS
§ 152.15 GENERAL REGULATIONS.
(A) Signs are prohibited within the public right-of-way or easements, except that the City Council may grant
a conditional or interim use permit to locate signs and decorations on or within the right-of-way for a
specified period of time.
(B) Flashing signs, motion signs or similar devices shall be prohibited in all districts except commercial
district signs that meet the criteria detailed in the commercial district standards. Approved traffic signs
are exempt from this provision.
(C) Unless specifically allowed in this chapter, interior illuminated signs are permitted in all districts except
residential. All illuminated signs shall have a shielded light source. Illuminated signs of any type may
not direct light onto or across any residential property unless it is defused to less than 0.4 foot candles as
measured at the adjoining property line.
(D) Business signs shall not be painted, attached or in any manner affixed to trees, rocks or similar natural
surfaces. No signs of any type shall be painted directly onto the roof or the sides of a building.
(E) Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which
impede the vision of traffic by vehicle operators or pedestrians are prohibited.
(F) Signs shall not project above the roofline of any structure.
(G) No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to
any structure, building or public way.
(H) All signs and sign structures shall be properly maintained in a safe, orderly condition at all times,
including the replacement of defective parts, cleaning and other items required for the maintenance of
266tğŭĻ
the sign. Vegetation within ten feet in any direction of the base of ground signs shall be neatly trimmed
and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be
permitted under or near the sign.
(I)No signs may be placed on utility poles in the city.
(J) There may be no more than one identical sign per lot in a residentially zoned area.
(K) The changing of the advertising message of a painted or printed sign, or changeable copy sign, and the
painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in
compliance with this chapter and any other applicable laws.
(L) No sign may by reason of its location, color or intensity create a hazard to the safe and efficient
movement of vehicles or pedestrian traffic. No private sign may contain words that might be construed
as traffic controls, such as ÐStop,Ñ ÐCaution,Ñ ÐWarning,Ñ or otherwise resemble any official marker
erected by a governmental body or agency, unless the sign is a directional sign.
(M) Billboard Signs are prohibited in all residential and mixed use zoning districts, and on any lot in
any other district where there is not a principal structure conforming to the district requirements. A
Billboard Sign must be located a minimum of 1000 feet from any other Billboard Sign and a minimum
of 1000 feet from any residential zoning district. A billboard shall not exceed 200 square feet per side
and shall not exceed a height of 35 feet.
(N) A Dynamic Sign not exceeding 20 square feet may be installed as a part of a permitted freestanding or
wall sign in any Public (P), Commercial / Main Street Commercial (B-1) & (B-2) or Industrial (I-1)
zoning district.
(1) Dynamic signs shall not change any part of the image more often than once every seven (7)
seconds.
(2) Brightness. The sign must not exceed a maximum illumination of 5000 nits (candelas per square
meter) daylight hours and a maximum illumination of 500 nits (candelas per square meter)
between dusk to dawn as measured from the sign's face at maximum brightness;
(3) Dimmer control. Dynamic signs must have an automatic dimmer control to produce a distinct
illumination change from a higher illumination level to a lower level for the time period between
dusk (one half-hour before sunset) and dawn (one half-hour after sunrise);
(4) Setback from other Dynamic signs. Dynamic signs must be separated from other dynamic signs
by at least 35 feet; and
(5) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in association
with a Dynamic sign.
Ord. #39; Ord. 2d 120, adopted 01/26/2022.
267tğŭĻ
§ 152.16 PERMITTED SIGNS WITH NO PERMIT REQUIRED.
(A) Political signs. Political signs may be posted in conformity with Minnesota Statute Section 211B.045.
(B) Temporary signs.
(1) Temporary Signs shall be displayed for no more than 14 days. A maximum of six occurrences
per year are allowed except that searchlights may not be used more often than one occurrence per
year. Banners or pennants determined to be an integral part of the design or architecture of a
building are permitted;
(2) One temporary identification sign, setting forth the name of the project, architect, engineers,
contractors, planners and financing agencies, may be installed at a construction site in any
district for the period of construction. The sign area of a temporary identification sign shall not
exceed 35 square feet;
(3) In any district, one temporary real estate sign may be erected for the purpose of advertising the
lease or sale of property upon which it is placed. Only one sign shall be permitted per street
frontage. The sign(s) shall be removed within seven days following the lease or sale of the
property.
(a) The maximum size of these signs for each district is as follows:
1. Residential Districts: Ten square feet;
2. Commercial / Main Street Commercial Districts: Thirty-two square feet;
3. Industrial Districts: Thirty-two square feet;
4. Mixed-Use District: Sixteen square feet; and
5. Agricultural/Rural Residential: Thirty-two square feet.
(b) In any district, one temporary Ðhelp wantedÑ or Ðnow hiringÑ sign may be erected for the
purpose of advertising employment positions. Only one such sign shall be permitted per
street frontage. The sign shall be removed upon filling the employment position. The
maximum size of these signs for each district is as follows:
1. Commercial / Main Street Commercial District: Thirty-two square feet;
2. Industrial District: Thirty-two square feet;
3. Mixed-Use District: Sixteen square feet; and
4. Agricultural/Rural Residential: Thirty-two square feet.
268tğŭĻ
(4) Permission of the Council must be obtained to erect the signs upon or over public property, and
provided further that the signs shall not be erected or posted for a period of more than 14 days
prior to the date of the event and must be removed within three days after the event.
(C) Directional signs. Directional signs having a surface area not greater than five square feet.
(D) Memorial signs. Memorial signs or tablets, or names of buildings and date of erection when cut into a
masonry surface or constructed of metal, wood or stone and attached to the building, not exceeding a
sign surface area of four square feet.
(E) Freestanding signs. Freestanding signs for garage sales or similar events occurring within the corporate
limits of the city, not exceeding four square feet in sign surface area, erected on private property with
permission of the landowner, and displayed for not more than three consecutive days.
(F) Window signs. Temporary or permanent window signs duly authorized by zoning and other laws of this
city, provided that all the signs on a frontage shall not have a total sign surface area greater than 50
percent of the glass area, excluding doors, on the frontage, and provided that a minimum of one-half of
the open window space must be below a horizontal line which is five feet above the interior floor of the
commercial establishment. Merchandise displays in windows shall not be considered a part of the sign
area if the display is not to be continued for a period of more than eight weeks.
(G) Sandwich boards. In B-1, B-2, and M-1 zoning districts, one sandwich board sign per business, not
exceeding six square feet per side, shall be allowed, providing it does not block a sidewalk and is located
within 35 feet of the main entrance to the business. Sandwich boards shall not be displayed during hours
that the business is not open to customers.
Ord. #39; Ord. 2d 120, adopted 01/26/2022.
§ 152.17 PORTABLE SIGNS.
(A) Portable signs are prohibited in residential districts. Portable signs in all other districts are allowed with
permit as specifically authorized below.
(B) Portable signs used for the purpose of directing the public will be permitted subject to the following
conditions:
(1) The sign is coincidental to or used in conjunction with a public function;
(2) The sign is used for a special business promotion or event;
(3) The period of use for the sign shall not exceed 14 consecutive days;
(4) No business may have more than six special promotions or events per year; and
269tğŭĻ
(5) Portable signs may not exceed 80 square feet.
Ord. #39.
§ 152.18 DISTRICT REGULATIONS.
(A) Residential/Public Districts (R-1, R-2, R-2A, R-4, R-5, P-1, M-1, M-2). Permitted signs:
(1) Residential identifications. Not more than two square feet per single family dwelling or six
square feet in area for each multiple-family building.
(2) Institutional identifications. Churches, schools, parks etc. allowed up to 48 square feet; not taller
than eight feet.
(3) Business signs. Home-based businesses may have a sign that is no larger than four square feet.
The sign may not be an interior-illuminated sign.
(4) Noncommercial opinion or message signs. On-premise noncommercial opinion or message signs
are permitted as follows: In residential districts, each dwelling unit is permitted one additional
sign which is no larger than six square feet and no higher than six feet tall. In medium and high
density districts, the sign must be attached to the dwelling. No permit fee is required for a sign
authorized under this paragraph.
(5) Area Identification Signs. One area identification sign is permitted in conjunction with a
development or subdivision, however the sign shall not exceed 48 square feet in area and 8 feet
in height and shall only be permitted when a homeowner association or other responsible entity
has been established that agrees in writing to maintain the sign and adjoining property.
(B) Commercial / Main Street Commerical District (B-1 & B-2). A business may have one Pylon Sign or
one Ground Sign in addition to permitted Wall Signs. Total surface area for all permitted signs shall not
exceed 20% of the area of the largest street-side face of the building. Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure,
provided the signage does not exceed ten percent of the wall area, and the sign does not exceed
200 square feet in area.
(2) Ground signs. One ground sign per business or business complex; provided, however, the sign
does not exceed 200 square feet in area and 15 feet in height, and located a minimum of fifteen
feet from any property line to the nearest supporting structure of the sign.
(3) Area identification signs. One area identification sign is permitted per street frontage; however,
the sign does not exceed 64 square feet in area and 20 feet in height, and located a minimum of
fifteen feet from any property line to the nearest supporting structure of the sign.
270tğŭĻ
(4) Pylon sign. One (1) pylon sign per business or business complex; provided, however, the sign
does not exceed 200 square feet in area and 35 feet in height, not less than six feet from the
ground to the lowest part of the sign, and located a minimum of fifteen feet from any property
line to the nearest supporting structure of the sign.
(5) Billboard signs. As otherwise regulated in this Chapter.
(C) Industrial District (I-1). Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure
provided the signage does not exceed ten percent of the wall area.
(2) Ground signs. One (1) Ground sign ; provided, however, the sign does not exceed 200 square
feet in area 15 feet in height and located a minimum of fifteen from any property lines.
(3) Area identification signs. One area identification sign is permitted per street frontage; however,
the sign does not exceed 64 square feet in area and 20 feet in height, and is not placed within ten
feet of any street right-of-way.
(4) Billboard signs. As otherwise regulated in this Chapter.
(D) Mixed-Use Districts (M-1 & M-2). Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure,
provided the signage does not exceed ten percent of the wall area.
(2) Canopy signs. Signs on these structures are allowed as long as the sign area does not exceed ten
percent of the wall area.
(3) Ground signs. One ground sign is permitted per street frontage; however, the sign does not
exceed eight feet in height and 32 feet in area.
Ord. #39; Ord. #87, amended 01/11/2006; Ord. 2d #12, amended 09/13/2006; Ord. 2d 120, adopted
01/26/2022
§ 152.19 COMPREHENSIVE SIGN PLAN REQUIRED.
(A) (1) A comprehensive sign plan is required at the time of Planning and Zoning Commission
review of any proposed new commercial or industrial development. This plan shall
indicate the location, size, height, color, lighting and orientation of all proposed signs and
shall be submitted for approval pursuant to the regulations of the city.
(2) Building permits and inspections are necessary as required by Building and Electrical
Code. Fees for required permits or hearings shall be set by approved annual resolution of
the City Council.
271tğŭĻ
(B) Every application for a sign permit must be accompanied by a plan drawn to scale and including the
following:
(1) The dimensions of the sign and, where applicable, the dimensions of the wall surface of the
building to which it is to be attached;
(2) The maximum and minimum height of the sign;
(3) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be
situated;
(4) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be
situated;
(5) If the sign is to be illuminated, the technical means by which this is to be accomplished and the
hours of illumination;
(6) Where the sign is to be attached to any existing building, a diagram or photograph of the face of
the building to which the sign is to be attached;
(7) The name and address of the owner of the sign and the address of the property where the sign is
located;
(8) Where a ground level sign is proposed with berming, a diagram showing grade level and
dimensions of the berm;
(9) When a multi-tenant comprehensive sign plan is submitted, the plan must include the location,
size, height, color, lighting and orientation of all signs; and
(10) Where a ground sign plan is submitted, the plan must include the location of the sign in
relation to the lot lines and the building height, including any difference from the established
grade, size, color, lighting and hours of illumination.
Ord. #39.
§ 152.20 ADJUSTMENTS AND APPEALS.
(A) The Commission of Adjustments and Appeals will be comprised by all members of the Planning and
Zoning Committee.
(B) The Planning and Zoning Committee will hear and make recommendations to the City Council
regarding:
272tğŭĻ
(1) Appeals where it is alleged that there is an error in any order, requirement, decision or
determination made by an administrative officer in the city in the enforcement of this chapter;
and
(2) Petitions for variances from the literal provisions of this chapter in instances where their strict
enforcement would cause hardship because of circumstances unique to the individual property
under consideration. Criteria for granting a variance will be the same as the criteria for granting
a variance in the cityÓs zoning chapter.
Ord. #39.
§ 152.21 NONCONFORMING SIGNS.
(A) Legal, conforming. All signs existing as of the adoption date of this chapter conforming to the
requirements of this chapter and not requiring a permit under the provisions of this chapter, may be
maintained so long as the sign continues to comply with the provisions of this chapter, as it may from
time to time be amended.
(B) Legal, nonconforming signs. All signs existing as of the adoption date of this chapter which would be
prohibited by ordinance or which would require a permit under this chapter but have not received a
permit, will be deemed to be legal nonconforming signs. Legal nonconforming signs may continue to
exist without a permit and without constituting a violation of this chapter until one or more of the
following occurs:
(1) The sign is structurally altered (except for normal maintenance) in a way that makes the sign less
in compliance with this chapter than it was before the alteration;
(2) The sign is relocated to a position making it less in compliance with this chapter than it was
before the relocation;
(3) The sign is replaced; and/or
(4) Any new primary sign is erected or placed in connection with the enterprise using the legal
nonconforming sign.
Ord. #39.
§ 152.22 ENFORCEMENT.
(A) If a sign is in violation of this chapter, is in danger of falling, or is otherwise a menace to the safety of
persons or property, the Building Official may give to the owner of the property on which the sign is
located written notice specifying the violation, ordering the cessation of the violation and requiring
either the removal of the sign or remedial work in the time and manner specified in the notice.
273tğŭĻ
(B) In the event of failure to comply with the notice within 30 days, the Building Official may remove the
sign or cause the remedial work to be done.
(C) The cost of the work performed by the city, must be paid to the city by the owner of the property on
which the sign is located.
(D) If payment is not made within 30 days after a statement of costs is sent to the owner, the costs may be
assessed against the property by certifying the costs to the county.
(E) If a sign that has been removed is not reclaimed and costs paid within 30 days after its removal, the sign
may be sold or otherwise disposed of by the city.
(F) If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be
removed without notice, and written notice of removal and reasons for the removal will be given to the
owner of the property on which the sign is located as soon as possible.
Ord. #39.
§ 152.99 PENALTY.
Violation of this chapter is a misdemeanor.
274tğŭĻ
CHAPTER153:SUBDIVISIONREGULATIONS
Section
General Provisions
153.01 Title; jurisdiction
153.02 Purpose
153.03 Compliance
153.04 Conflict
153.05 Definitions
Design Standards
153.15 General
153.16 Easements
153.17 Water and sewer systems
153.18 Blocks
153.19 Lots
153.20 Street
Construction and Improvements
153.35 General conditions
153.36 DeveloperÓs agreement
153.37 Financial security
153.38 Construction plans
153.39 Inspection
153.40 Prior improvements
153.41 As-built plans
153.42 Improvement construction
153.43 Development improvements; site grading
153.44 Improvement and construction; miscellaneous
153.45 Planned Manufactured Home Developments
Plat Specifications and Procedure
153.55 General
153.56 Sketch plan
153.57 Preliminary plat
153.58 Final plat
153.59 Procedures for plat submissions
275tğŭĻ
Administration and Enforcement
153.70 General
153.71 Amendments
153.72 Appeals
153.99 Penalty
EditorÓs note:
This chapter was established by Ord. 8, adopted 12-8-1982 and subsequently amended, but it was not
possible to ascertain what sections were amended by which ordinance. The amending ordinances are: Am. Ord.
adopted 5-13-1987; Am. Ord. adopted 2-10-1988; Am. Ord. adopted 3-14-1990; Am. Ord. adopted 4-11-1990;
Am. Ord. adopted 2-27-1991; Am. Ord. adopted 4-24-1991; Am. Ord. adopted 5-22-1991; Am. Ord. adopted 5-
11-1994; Am. Ord. adopted 5-8-2002.
276tğŭĻ
GENERAL PROVISIONS
§ 153.01 TITLE; JURISDICTION.
(A) This chapter may be cited as the Centerville Subdivision Ordinance and will be referred to herein as this
chapter.
(B) The geographic jurisdiction of this chapter includes the entire area within the corporate limits of the city.
§ 153.02 PURPOSE.
This chapter is adopted:
(A) To assist the orderly, efficient and integrated development of the city;
(B) To provide uniform procedures and standards for all subdivisions;
(C) To ensure consistency between future subdivision development and the city comprehensive plan; and
(D) To provide for the protection and conservation of floodplains, shorelands, soils, water, vegetation,
energy, air quality, geologic and ecologic features and features and agricultural lands.
§ 153.03 COMPLIANCE.
Platting is required for all subdivisions creating five or more lots, regardless of size, or subdivisions
which create parcels which are two and one-half acres or less in size. Hereafter, no lot in a subdivision may be
sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building
may be erected in a subdivision, unless and until a subdivision plan has been approved and, where required,
recorded, and until the improvements required by the Council in connection therewith have either been
constructed or guaranteed, as herein provided.
§ 153.04 CONFLICT.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive than
comparable conditions imposed by any other regulation, the regulations which impose the higher standard or
requirements shall prevail.
§ 153.05 DEFINITIONS.
277tğŭĻ
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
BLOCK. A tract of land bounded by streets or a combination of streets, parks, cemeteries, railroad
rights-of-way, shorelines, waterways or corporation boundary line of the city.
BOUNDARY LINES. The line also indicating the bounds of limits of any tract or parcel of land.
BUILDING LINES. The line also referred to as SETBACK LINE means the line beyond which
property owners or others have no legal or vested right to extend a building or any part thereof without
special permission and approval of the proper authorities.
BUTT LOT. A lot, the sideline of which coincides with the back line of one or more other lots.
CITY IMPROVEMENTS. Improvements to be installed by the city as provided in this chapter and/or
the development agreement and financed through assessments procedures.
COMPREHENSIVE PLAN. The comprehensive development plan made and adopted by the city
indicating the general locations recommended for major thoroughfares, streets, parks, public buildings,
zoning districts and other public improvements.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points
of equal elevations. Contour intervals are the vertical heights between contour lines.
CORNER LOTS. The lot or lots within a plat and situated at the corners thereof so that they are
bounded on two sides by streets. This term applies to any lot within the plat at street intersections and
bounded on two sides by streets.
CROSS-WALK. A right-of-way, municipally owned, which cuts across a block to furnish access for
pedestrians to the adjacent street or properties.
CUL-DE-SAC. Court or dead-end street; a short minor street having one end open to traffic and being
permanently terminated by a vehicular turnaround.
DEVELOPER IMPROVEMENTS. Improvements to be installed by the developer as provided in this
chapter and/or the development agreement.
EASEMENT. A grant by the property owner to the use of a strip of land by the public, a corporation or
person for specific purposes.
FRONTAGE. The width of a lot or building site measured on the line separating it from a public street
or way.
HALF-STREET. A street divided longitudinally by a property line.
278tğŭĻ
LAND SURVEYOR. A registered LAND SURVEYOR capable of preparing engineering plans for land
subdivision plats.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or
for development, capable of being occupied by one or more structures.
LOT DEPTH. The mean horizontal distance between the front and rear lines of a lot.
LOT, DOUBLE FRONTAGE. A lot, the generally opposite ends of which both abut on streets.
LOT WIDTH. The mean width measured at right angles to the depth.
NATURAL WATERWAY. Any natural passageway in the surface of the earth so situated and having
such a topographical nature that surface water flows through it from other areas before reaching a final
ponding area. The term also means to include any and all drainage structures that have been constructed
or placed for the purpose of conducting water from one place to another.
OWNER. The person having legal title, his or her duly authorized agent or attorney-in-fact, a purchaser,
devisee, fiduciary and a person having a vested interest in the property in question.
PEDESTRIAN WAY. A public or private right-of-way across a block or providing access within a
block, to be used by pedestrians and for the installation of utility lines.
PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for
record.
RESERVE STRIPS. Narrow strips or narrow strips of land usually withheld from the street right-of-
way to form a barrier between certain property and the public street or thoroughfare.
RIGHT-OF-WAY. The land covered by a public road or other land dedicated for public use or for
certain private use, such as land over which a power line passes.
STREET. A right-of-way, which affords the principal means of access to abutting property. A
STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive,
place or other appropriate name. A STREET may also be identified according to type of use as follows:
(1) Arterial street or highway. Streets providing for traffic movements between traffic generation
areas.
(2) Collector streets. Streets providing connection primarily between arterial streets or arterial and
local streets.
(3) Local streets. Streets serving primarily as access to abutting properties and not intended as
major streets or highways carrying through traffic.
279tğŭĻ
STREET WIDTH. The shortest distance between lines of lots delineating the street.
SUBDIVIDER. Any person who undertakes the subdivision of land as defined herein. The
SUBDIVIDER may be the owner or the authorized agent of the owner of the land to be subdivided.
SUBDIVISION. The division of a single lot, tract or parcel of land, or a part thereof, into two or more
lots, tracts or parcels of land.
THOROUGHFAR E. A public right-of-way with a high degree of traffic continuity and serving as an
arterial traffic way between the various districts of the city.
TOPOGRAPHY. The detailed description of the features of a relatively small area, also the relief
features or surface configuration of an area.
WATERCOURSE. Shall include channel, creek, ditch, drain, river and stream.
WATERSHED. Rice Creek Watershed District.
ZONING. The reservation of a certain specified areas within the municipality for buildings and
structures for certain purposes with other limitations such as heights, lot coverage and other stipulated
requirements.
DESIGN STANDARDS
§ 153.15 GENERAL.
Subdivision design shall comply with the following general design standards:
(A) Natural features. Existing natural features which would add value to the subdivision and the city, such
as trees, steep slopes, watercourses, historic spots and similar irreplaceable assets, shall be preserved,
insofar as possible, through harmonious design of the subdivision.
(B) Land dedication. In all subdivisions, ten percent of the gross area subdivided shall be dedicated for
public recreation space, with this ten percent being in addition to property dedicated for streets, alleys,
easements, or other public ways. No areas may be dedicated for public use until the areas have been
approved as being suitable and needed for the public health, safety, convenience and/or general welfare.
If the city decides that real property dedication is not needed, or less than 10% of the real property is
needed for dedication, the subdivider shall be required to pay a Park Dedication fee as per the schedule
in effect at the time of Preliminary Plat approval in lieu of such dedication.
The payment of the fee shall be due in conjunction with the recording of the plat. By agreement, the city
may allow the subdivider to delay payment of Park Dedication Fees to the time of the building permit
issuance on each lot. However, the agreement must hold the subdivider ultimately responsible for the
280tğŭĻ
payment of those fees if not paid by the builder. An escrow or other security may be required to secure
those funds. For multi-family projects, each unit will be construed to be the equivalent of a ÐlotÑ. For
group-living situations such as group homes, nursing homes and the like, each bed will be construed to
be the equivalent of one-half (½) lot. For redevelopment of parcels which have previously dedicated
land or paid a Park Dedication Fee, the existing number of lots or units shall be subtracted from the
number of new lots or units in the proposed redevelopment to calculate the fees owed.
(C) Planned unit development. These design standards of this chapter may be modified by the City Council
in the case of a plan utilizing an unusual concept of development which meets the requirements of the
section. The planned unit development provision is intended to encourage original and imaginative
subdivision design which preserves the natural amenities of the site and provides for the general welfare
of the city. It shall conform to the planned unit development requirements of the city zoning chapter.
(D) Soil tests. The city may require soil tests prior to the final approval of any plat. These soil tests shall
consist of test holes to a depth necessary to determine the various types of soil to be encountered before
reaching a stable base. The test holes, when ordered by the city authorities, shall be drilled at the
expense of the owner or developer and the information disclosed shall be furnished to the city together
with a copy of the proposed plat showing the location of each test hole. The information required by the
city shall include a report as to the various types of soil encountered and their depths, the level of the
groundwater and a seepage test and may include additional information. The number of test holes to be
drilled and their location on the property which is proposed to be platted will be as directed by the city
or its authorized representative. In questionable cases, the owner shall be required to furnish to the City
Council a report from a recognized engineering laboratory as to the safety and practicability of the use
of the area for building construction, including the feasibility for installation of sewage facilities.
(E) Restriction on filing and recording conveyances.
(1) Restriction. State law states that a municipality with adopted subdivision regulations, no
conveyance of land shall be filed or recorded if the land is described in the conveyance by metes
and bounds; by reference to an unapproved registered land survey after 4-21-1961; or by an
unapproved plat made after those regulations become effective.
(2) Limits of applicability. The above restrictions do not apply if the land described in the
conveyance:
(a) Was a parcel of record on 4-1-1945;
(b) Was subject to a written agreement to convey entered into prior to that time;
(c) Was a separate parcel of not less than 2.5 acres in area and 150 feet in width on 1-1-1966;
(d) Was a separate parcel of not less than five acres in area and 300 feet in width on 7-1-
1980;
(e) Is a single parcel of commercial or industrial land of not less than five acres in area and
having a width of not less than 300 feet, and its conveyance does not result in the division
281tğŭĻ
of the parcel into two or more lots or parcels, any one of which is less than five acres in
area or 300 feet in width; or
(f) Is a single parcel of residential or agricultural land of not less than 20 acres in area and
having a width of not less than 500 feet, and its conveyance does not result in the division
of the parcel into two or more lots or parcels, any one of which is less than 20 acres in
area or 500 feet in width.
(3) Exceptions. The following land divisions are exempted from the provisions of this division (E)
and upon request, the Administrator shall, within ten days, certify that this division (E)(3) does
not apply to these land divisions:
(a) Divisions of land where the division is to permit the adding of a parcel of land to an
abutting lot and the newly created property line will not cause the land or any structure to
be in violation of this chapter or the zoning chapter; and that the proposal would not have
an adverse impact on the subject property or surrounding properties;
(b) The division and addition of land will not be large enough to allow for the creation of an
additional lot for the purpose of building; or
(c) In the case of a request to divide a base lot upon which a 2-family dwelling, townhouse or
a quadraminium is located, which is a part of a recorded plat, where the division is to
permit individual private ownership of a single dwelling unit within the structure, and the
newly created property lines will not cause any of the unit lots or the structure to be in
violation of this chapter or the zoning chapter. If the Administrator makes a negative
determination and/or the applicant wishes to appeal the decision, the case shall be sent to
the Planning and Zoning Commission for recommendation to the City Council.
Ord. 2d 121, adopted 01/26/2022.
§ 153.16 EASEMENTS.
(A) Utility. Easements at least a total of 20 feet wide, centered on rear lot lines, shall be provided for
utilities where necessary. They shall have continuity of alignment from block to block, and at deflection
points, easements for pole line anchors shall be provided.
(B) Drainage. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there
shall be provided a stormwater easement or drainage right-of-way conforming substantially with the
lines of the watercourses, together with any further width or construction, or both, as will be adequate
for the stormwater drainage of the area. The easements shall meet the requirements of the Rice Creek
Watershed.
§ 153.17 WATER AND SEWER SYSTEMS.
282tğŭĻ
No new subdivision will be considered unless municipal water and sanitary sewer are available to the
property.
§ 153.18 BLOCKS.
Blocks in new subdivisions shall meet the following standards:
(A) Length. The length of any block shall not be more than 620 feet.
(B) Pedestrian ways. The use of pedestrian ways through any block is to be permitted only when
absolutely necessary. Where permitted, pedestrian ways shall be at least 15 feet wide.
(C) Alleys. The use of alleys in any block is to be permitted only when absolutely necessary. Alleys
may be required in commercial areas where adequate off-street loading space is not available.
§ 153.19 LOTS.
The lot and yard sizes shall conform to the requirements of the city zoning chapter and the lots shall be
designed in accordance with the following design standards:
(A) Corner lots. The minimum corner lot dimensions for single-family, detached dwelling developments
where permitted under the zoning chapter shall be:
(1) At least ten feet wider at building setback line than permitted under the zoning chapter;
(2) Not less than minimum depth permitted under the zoning chapter; and
(3) Minimum lot area shall be increased by ten feet times the minimum lot depth permitted under the
zoning chapter.
(B) Shape of lots. Side lines of lots shall be approximately at right angles to straight streets and on radial
line on curved streets. Some variation from this rule is permitted when it is clearly evident that the
variation shall improve the overall design. In no case shall the rear lot line of any lot be less than 50
feet.
(C) Access. Every lot shall be provided with access adequate for the use of public safety vehicles and other
public and private purposes and shall be served by a public or private street system, improved in
accordance with this chapter and connected to the general street system.
(D) Double frontage lots. Double frontage lots shall not be permitted, except:
(1) Where lots back upon a thoroughfare, in which case vehicular and pedestrian access between the
lots and the thoroughfare shall be prohibited; and
283tğŭĻ
(2) Where topographic or other conditions render subdividing otherwise unreasonable. The double
frontage lots shall have an additional depth of at least 20 feet in order to allow space for a
protective screen-planting along the back lot line, and also in these instances vehicular and
pedestrian access between the lots and the thoroughfare shall be prohibited.
(E) Nonsewered lots. In areas which are not served by public sanitary sewer systems, no lot shall be
developed for residential purposes unless it meets the requirements set for lots outside the urban service
area, which is a minimum of ten acres. The preliminary plat shall show a feasible plan for future
resubdivision by which lots may be resubdivided to meet the size and dimension standards of lots in
areas served by public sanitary sewer system. Any preliminary plat not showing a future resubdivision
plan shall not be resubdivided.
(F)Butt lots. Butt lots shall be platted at least five feet wider than the average interior lots in the block.
(G) Drainage. Lots abutting upon a watercourse, drainageway, channel or stream shall have an additional
depth or width, as required, to assure house sites are not subject to flooding.
§ 153.20 STREET.
(A) No plat shall be approved unless all streets shown thereon shall be of sufficient width and shall be so
located as to accommodate the probable volume of traffic thereon, afford adequate light and air,
facilitate fire protection, provide access of fire-fighting equipment to buildings, and provide a coordinate
system of streets conforming to the city street plan.
(B) In addition, the street design must meet the following requirements:
(1) In the case of subdivisions for commercial, industrial and public purposes, no street giving
access upon a major street shall be located closer than 500 feet, along the same side of a major
street, to any other driveway, public or private street in the same or another subdivision;
(2) Local streets shall be so planned as to discourage through traffic;
(3) Cul-de-sacs, when used, shall be held to as short a distance as possible between the origin or
main street and the end of the cul-de-sac. Each cul-de-sac shall have a terminus of nearly
circular shape and be a maximum allowable length of 800 feet;
(4) The use of half-width streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations
and the overall plan of the neighborhood in which the plat is situated. Wherever a half-street is
adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract;
(5) Reserve strips controlling access to streets are prohibited;
(6) The minimum distance between centerlines of parallel or approximately parallel streets
intersecting a cross-street from opposite directions shall be 150 feet;
284tğŭĻ
(7) Intersections of more than two streets at one point shall be avoided;
(8) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac
arrangement;
(9) Right-of-way requirements may be increased for specific thoroughfares if existing or anticipated
traffic flow warrants it, or if drainage easements parallel the thoroughfares. The increased width
will be set by the City Council under the advisement of the Planning and Zoning Commission
and City Engineer.
(10) Minimum right-of-way widths, paving widths, angle of intersection, curb radius,
horizontal alignments, vertical alignments as well as maximum grades shall be in accordance
with the following table:
285tğŭĻ
Street Design Standards
Arterial Collector Local Cul-de-sac
Right-of-Way 120 feet 66 feet 60 feet 60-foot radius
Paving Width 52 feet 36 feet 32 feet 46-foot radius
Maximum Grade 5% 8%
Minimum Angle to 90 degrees 90 degrees 70 degrees 70 degrees
Intersection
Horizontal Alignment * * * *
(Minimum Radius of
Center Line)
Vertical curves 150 feet 200 feet 100 feet
(Minimum Sight
Distance)
NOTES TO TABLE:
* - Subject to approval of City Engineer.
CONSTRUCTION AND IMPROVEMENTS
§ 153.35 GENERAL CONDITIONS.
Upon receipt of the preliminary plat approval by the Council and prior to Council approval of the final
plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation at the sole
expense of the subdivider for any improvements as shall be required by the city, which improvements may
include but are not limited to streets, sidewalks, public water systems, sanitary sewer systems, surface and storm
drainage systems and public utility services. The installation of these improvements shall be in conformity with
approved construction plans and specifications and all applications and all applicable standards and ordinances.
£ 153.36 DEVELOPERÓS AGREEMENT.
Prior to the installation of any required improvements and prior to approval of the final plat, the
subdivider shall enter into a contract with the city, which contract shall require the subdivider to construct the
developer improvement at the sole expense of the subdivider and in accordance at the sole expense of the
subdivider and in accordance with approved construction plans and specifications and all applicable standards
and ordinances. The contract will define the developerÓs responsibilities with regard to city improvement. The
contract shall provide for the supervision of construction by the City Engineer, and the contract shall require
that the city be reimbursed for all costs incurred by the city for engineering and legal fees and other expenses in
connection with the making of the improvements. The performance of the contract shall be financially secured
by a cash escrow deposit or irrevocable letter of credit as hereinafter set forth.
286 tğŭĻ
§ 153.37 FINANCIAL SECURITY.
The developerÓs agreement shall require the subdivider to make a cash escrow deposit or in lieu thereof
to furnish a letter of credit in the following amounts and upon the following conditions:
(A) Escrow deposit. The subdivider shall deposit with the Administrator a cash amount equal to 150 percent
of the total cost of the improvements as estimated by the City Engineer, including the estimated expense
of the city for engineering and legal fees and other expenses incurred by the city in connection with the
making of the improvement.
(B) Letter of credit. In lieu of a cash deposit, the subdivider may furnish a letter of credit satisfactory to the
city, in a sum equal to 150 percent of the total cost of the improvements as estimated by the City
Engineer, including the estimated expense of the city for the engineering and legal fees and other
expenses incurred by the city in connection with the making of the improvements. Release of the letter
of credit will be determined by Council resolution.
(C) Conditions. The developerÓs agreement shall provide for a completion date on which all of the required
improvements shall be fully installed, completed and accepted by the city. The completion date shall be
determined by the Council after consultation with the City Engineer and the subdivider, and shall be
reasonable in relation to the construction to be performed, the season of the year and proper correlation
with construction activities in the subdivision. The developerÓs agreement shall provide that, in the
event the required improvements are not completed within the time allotted, the city shall be allowed to
exercise its power to recover on the letter of credit or utilize the escrow deposit to complete the
remaining construction to city standards and specifications. In the event the amount of funds recovered
is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands
within the subdivision.
§ 153.38 CONSTRUCTION PLANS.
Construction plans and specifications for the required improvements conforming in all respects with the
standards and ordinances of the city shall be prepared at the expense of the subdivider by a professional
engineer registered by the State of Minnesota. The plans and specifications shall be approved by the City
Engineer and shall become a part of the developerÓs agreement. Two prints of the plans and specifications shall
be filed with the Administrator.
§ 153.39 INSPECTION.
All required improvements shall be inspected during the course of construction by the City Engineer and
acceptance of the improvements by the city shall require prior written certification by the subdividerÓs engineer
and acknowledged by the City Engineer that the improvements have been constructed in compliance with the
plans and specifications.
287 tğŭĻ
§ 153.40 PRIOR IMPROVEMENTS.
Improvements which have been completed prior to application for final plat approval or execution of the
developerÓs agreement shall be accepted as equivalent improvements, provided the City Engineer shall certify
in writing that the improvements conform to the city standards.
§ 153.41 AS-BUILT PLANS.
Upon completion of installation of all required improvements, the subdivider shall file with the
Administrator a reproducible tracing and two copies of the plans and specifications showing all improvements
as finally constructed and installed. An electronic/digital version of the required filing shall also be submitted
in a format acceptable to the city. All as-built plans will be prepared by City Engineer and the time billed to the
developer.
§ 153.42 IMPROVEMENT CONSTRUCTION.
All required improvements specified in this subchapter shall be constructed in accordance with the city
standards and all other applicable city, county and state regulations.
§ 153.43 DEVELOPMENT IMPROVEMENTS; SITE GRADING.
(A) Grading.
(1) The developer shall do all site grading including the front 100 feet of the lots, common green
way and open spaces, stormwater storage ponds and surface drainageways, including sodding of
boulevards all in accordance with the approved grading, drainage and site plan. A grading plan
with maximum 2-foot contours and cross-sections as necessary shall be submitted and approved
by the city prior to commencement of any site grading.
(2) Boulevards shall be graded at an incline of two percent behind the curb. The sidewalk
construction shall be in accordance with the city-approved streetscape and shall reflect a
consistent grade that follows the back of the curb.
(3) (a) After substantial building completion and prior to the issuance of an occupancy
permit, a certificate of survey shall be provided to the city verifying that the lot
grading has been accomplished to the approved standards.
(b) The certificate of survey will locate the following:
1. Property irons;
288 tğŭĻ
2. Buildings;
3. Driveways;
4. Drainage easements;
5. Utility easements;
6. Sewer service at the property line; and
7. Water service and shut-off at the property line.
(c) The certificate will also provide the following elevations:
1. Grading at the front lot line;
2. Grading at property corners;
3. Lowest floor elevation and structure type; and
4. One-hundred-year flood elevation and 100-year flood contour property.
(B) Soil erosion. The developer shall control soil erosion as otherwise required by the city code.
(C) Monuments and markers. The developer shall place iron monuments in accordance with state statutes.
(D) Curb stops. The developer shall arrange with the city to make all necessary adjustments to the curb
stops to bring them flush with the topsoil (after grading).
(E) Trees and landscaping shall be in accordance with the requirements for the various zoning districts
contained in the zoning chapter of the code.
(F) Street maintenance.
(1) The developer shall be responsible for street and sidewalk maintenance, including curbs,
boulevards, sod, sidewalks and street sweeping, until the development is accepted by the city.
(2) Warning signs as per the Minnesota Uniform Traffic Control Devices Manual shall be placed
when hazards develop in streets to prevent the public from traveling on same and directing
attention to detours. If and when the streets become impassible, the streets shall be barricaded
and closed.
(3) The developer shall maintain a smooth driving surface and adequate drainage on all temporary
streets. No builders will be allowed on the dedicated street areas until the streets are completed
and accepted by the city.
(4) The developer may request, in writing, that the city keep the streets open during the winter
months by plowing snow from the streets prior to final acceptance of the streets. The developer
shall reimburse the city for all snow plowing prior to final acceptance of the streets. The city
shall not be responsible for reshaping the streets because of snow plowing operations if they are
requested. Snow plowing service does not constitute final acceptance of the streets.
289 tğŭĻ
(5) It is understood that if soil is excavated from the development and moved off the property, all
city and county streets which are used for hauling shall be maintained free of debris and soil; and
property within the city limits upon which the soil is stored shall also be maintained free of
debris and have adequate erosion control.
(G) Street lights.
(1) Residential street lighting shall be owned, installed, operated and maintained by the electric
utility company servicing the development. The city and the electric utility company shall enter
into a contractual agreement on the rate and maintenance of the street lighting system.
(2) It shall be the responsibility of the developer to:
(a) Reimburse the city for the operating cost of the street lighting system for a period which
will extend to one year after the utilities and improvements of the development have been
accepted by the city or until the time that 50 percent of the lots in the subdivision are
occupied, whichever is greater.
(b) Pay the electric utility company any costs incurred in the installation of the street lighting
units; and
(c) The above street lighting costs shall be guaranteed in the same manner as the other
development improvements and the city shall be entitled to draw upon the letter of credit
posted herein in the event of nonpayment.
(H) Storm sewer. The developer shall dedicate and survey all stormwater holding ponds as required by the
city. The developer shall be responsible for the storm sewer cleaning and holding pond dredging, as
required, by the city prior to or until the time that all primary buildings within the subdivision are
completed or two years after final acceptance of the streets by the city, whichever occurs first.
(I) Site grading. The developer shall be responsible for securing all necessary approvals and permits from
all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading.
(J) Streetscape. The developer shall make provision that all gas, telephone and electric utilities shall be
installed to serve the development as per the city streetscape plan.
(K) Ground cover control. All unoccupied lots shall be maintained in a manner that ground cover will not
be allowed to grow more than 12 inches in height at any time. Should the developer not respond within
ten days to the cityÓs request to cut the vegetation, the city shall take action to do so and shall bill the
developer. If the bill is not paid in 30 days, the cost of the maintenance shall be a lien against the
property and may be certified for collection with the real estate taxes, or at the option of the City
Council may be deducted from the developerÓs escrow deposit or letter of credit.
(L)Screening.
290 tğŭĻ
(1) The developer shall install as a part of the site grading a protective screen planting berm in areas
deemed appropriate and/or necessary by the City Council.
(2) The plantings will provide a minimum of 60 percent opacity year round and shall reach a
minimum of ten feet in height at the maturity. Deciduous shrubs shall be a minimum of 24
inches in height, deciduous trees shall be a minimum of one inch caliper, and conifers shall be a
minimum of four feet in height at the time of planting. The landscape plan for the berm shall be
submitted to and reviewed by the city for approval.
(3) All plantings shall be warranted to be alive, of good quality and disease-free for a period of 12
months or one growing year, whichever is greater after acceptance of the city streets and utilities.
The first planting replacement shall be warranted for 12 months from the time planting. The city
shall be entitled to draw upon the security posted herein for replacement of any plantings.
(4) Developer shall not enter into any agreements with the homeowners which provide for
installation of the boulevard trees by the homeowners.
(M) Insurance. Developer(s) and/or all its/their subcontractors shall take out and maintain, until the
city has accepted the private improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of the developerÓs
work or the work of his or her subcontractors, or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 or more. The city shall be named as
an additional insured on the policy, and the developer or all its subcontractors shall file with the city a
certificate evidencing coverage prior to the city signing the plat. The certificate shall provide that the
city must be given 30 daysÓ advance written notice of the cancellation of the insurance. The certificate
may not contain any disclaimer for failure to give the required notice.
(N) Costs. Cost of developerÓs improvements, description and completion dates shall be described in the
development agreement.
§ 153.44 IMPROVEMENT AND CONSTRUCTION; MISCELLANEOUS.
(A) Streets. The streets shall be graded if required by the Council to the grades and dimensions shown on
plans and profiles and approved by the Council, and shall include the following improvements:
(1) Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be
provided to ensure adequate drainage of all points along the streets. There shall be no surface or
at grade cross-street drainage;
(2) Concrete curbs and gutters will be required on all streets;
(3) The base course shall consist of latest Minnesota Department of Highways approved material,
bearing a seven-ton design and shall include a geotextile fabric mat as specified by the City
Engineer;
291 tğŭĻ
(4) Blacktop paving as specified by the City Engineer shall be required on all streets after water
distribution lines, storm sewers and sanitary sewers have been installed; and
(5) The boulevards shall receive three inches of topsoil and be sodded.
(B) Sidewalks. Paved sidewalks five feet wide of Portland cement, concrete or asphalt concrete may be
required on one or both sides of streets designated as collectors or arterials.
(C) Storm drainage. The construction of a storm drainage system shall conform to the following
requirements:
(1) Drainage ditches or channels shall have a minimum gradient of one percent;
(2) Open watercourses shall have adequate capacity and erosion control to ensure safe and healthful
disposal of stormwater;
(3) When topsoil has been removed from the surface of a lot on a slope where erosion will cause a
displacement of loose material, the subdivider shall be required to seed or provide other means to
prevent the wash from damaging adjacent property or accumulating on street surfaces; and
(4) Design of storm drainage facilities shall be compatible with adjacent areas, including the
extension of abutting existing storm sewers. Design of all drainage structures shall be based on
the 5-year occurrence for design intensity using runoff coefficient and concentration times as
determined by the City Engineer.
(D) Water supply. Where public water supply is available, as determined by the Council, the subdivider
shall connect to the public water supply and construct a system of water mains with a connection for
each lot. The minimum size of water mains shall be six inches and the minimum size of private water
services shall be one inch. Water mains and services for commercial and industrial uses or for the
extension of major trunks shall be determined by the City Engineer. If private wells are to be permitted,
they shall be constructed in conformance with City Code and Minnesota Statutes and Rules.
(E) Sewers. All plats within the urban service area shall be connected to the municipal sewer system.
(F) Utilities. Every lot in a subdivision shall be capable of being served by utilities, and easements
acceptable to the utility companies shall be provided. Electric, gas and other utility distribution lines
shall be installed within public rights-of-way or within properly designated easements. All utilities in
new subdivisions shall be placed underground. To the fullest extent possible, underground utility lines
shall be installed within the right-of-way adjacent to but not beneath existing and proposed paved areas.
(G) Street name and traffic control signs. In single- and multiple-family developments, the developer shall
install all street name signs and traffic control signs as deemed necessary by the City Engineer. In
commercial and industrial developments, the developer shall install all street names signs and traffic
control signs as deemed necessary by the City Engineer.
292 tğŭĻ
(H) Sodding. The developer must sod the front yard, boulevard and side yards to the rear of the structure on
every lot-the balance of the lot shall be seeded. The required sodding and seeding shall be placed prior
to occupancy. An escrow deposit shall be submitted to the city in a dollar amount sufficient to
guarantee the required sodding. Hydro-seeding may be substituted for sod subject to: 1) Two rows of
sod shall be placed along the curb and any other adjoining pavements, erosion control as approved by
the Building Official shall be placed at the property lines and next to water features, and 2) the site
deposit shall be retained until the vegetation is fully established. This shall not prevent a developer from
establishing lot covenants requiring so, in which case this substitution shall not be allowed.
Ord. 2d, #41. Amended 12/22/2010
153.45 PLANNED MANUFACTURED HOME DEVELOPMENTS.
The following requirements shall apply only to manufactured home developments, parks and/or
cooperatives of a common owner(s) or ownership scheme, and/or which construct shared facilities. All other of
aspects of this chapter shall still apply. Operation of a planned manufacture home development is subject to the
continuing licensing requirements of Minnesota Statutes Chapter 327. Loss of this license is deemed a
revocation of any conditional or interim use permit granted by the City for the planned manufactured home
development. All planned manufactured home developments shall include the following:
(A) An off-street parking area of at least 440 square feet shall be provided for each manufactured home.
The parking area surface shall be of an impervious construction. No on-street parking will be permitted
in the planned manufactured home development.
(B) A utility enclosure having a minimum of ten feet by ten feet shall be provided by operator and placed
uniformly on each lot designated for a manufactured home.
(C) The operator shall construct a screened, common storage area. All boats, boat trailers, hauling trailers
and all other equipment not stored within a manufactured home or the utility enclosure shall be stored in
this separate area provided by the operator. As a condition of operation of the development these items
shall not be stored upon a lot designated for any manufactured home nor upon the streets within the
planned manufactured home development.
(D) There shall be no exterior radio, television or satellite antennas except for a community-type antenna for
the use of all residents of the planned manufactured home development.
(E) Common overflow parking lot(s) (other than on-lot parking) shall be constructed in the planned
manufactured home development equal to a minimum of one space for each three manufactured homes.
(F) There shall be no retail sales of manufactured homes or accessories thereto in the limits of the planned
manufactured home development.
293 tğŭĻ
(G) Each planned manufactured home development shall contain one or more enclosed facility building(s)
with space devoted to offices, storm shelter, laundry and recreational facilities. The building shall be so
designed so as to provide at least 12 square feet of space per manufactured home lot, but in no case shall
the building be less than 2,500 square feet.
(H) Each planned manufactured home development shall create an operational plan. This plan shall address
at least the following:
(1) Designate the licensee pursuant to Minnesota Statute 327.15, approved by the Minnesota
Department of Health.
(2) It shall set forth the means by which the licensee will continually adhere to the requirements of
this Chapter which apply to planned manufacture home developments.
(3) It shall be the duty of each licensee to keep a register containing a record of all manufactured
home owners and occupants located within the development. The licensee shall keep the register
available for inspection at all times by law enforcement officers, public health officials and other
officials whose duties necessitate acquisition of the information contained in the register. The
register record for each occupant registered shall not be destroyed for a period of three years
following the date of departure of the registrant from the development. The register shall contain
the following information:
(a) The name and address of each manufactured home occupant;
(b) The name and address of the owner of each manufactured home;
(c) The make, model, year and license number of each manufactured home and motor
vehicle;
(d) The state, territory or country issuing the licenses; and
(e) The date of arrival and of departure of each manufactured home.
(4) The licensee shall designate or employ a caretaker who shall be in charge at all times to keep the
planned manufactured home development, its facilities and equipment in a clean, orderly and
sanitary condition. The attendant or caretaker shall be answerable, with the licensee, for the
violation of any provision of this Code or State law to which the licensee is subject.
PLAT SPECIFICATIONS AND PROCEDURE
§ 153.55 GENERAL.
294 tğŭĻ
In a subdivision for residential use of less than five lots and where the lots abut existing public roads and
utilities, the Council may waive certain requirements such as topographic, street and utility specifications; in
that instance the information is not required.
§ 153.56 SKETCH PLAN.
The subdivider shall prepare a sketch plan to present to the Planning and Zoning Commission at the
advisory meeting. This plan may be drawn as a freehand pencil sketch and does not require precise dimensions
or any special sheet size. This sketch plan may be used to show the Commission the location, proposed street
and lot layout and any other significant features of the proposed subdivision.
§ 153.57 PRELIMINARY PLAT.
The following maps and data shall be submitted with the application for preliminary plat approval.
These maps and data may be on separate sheets or combined on one sheet, depending on the size and
complexity of the proposed subdivision. The overall size of the sheets shall be determined by the City Engineer.
(A) Location map. A map of the proposed subdivision showing:
(1) Boundary lines of the proposed subdivision, clearly indicated;
(2) Existing zoning of the tract and adjacent properties;
(3) Total approximate acreage in the plan;
(4) Location, widths and names of all existing or previously platted streets or other public ways,
showing types of improvements, if any railroad and utility rights-of-way, parks and other public
open spaces, permanent building and structures, easements and section and corporate lines within
the tract and to a distance of 100 feet beyond the tract.
(B) Site map. A map of the proposed subdivision and all lands within 500 feet of its boundaries showing:
(1) Contours of the site at vertical intervals of two feet;
(2) Character and location of natural or artificial features existing on the land which would affect the
design of the subdivision, such as wooded areas, drainage ditches, direction and gradient of
ground slope, embankments, retaining walls, buildings or nonresidential usage of land;
(3) Names of owners of properties adjacent to the subdivision;
(4) Existing and proposed streets and rights-of-way, including widths and purposes;
(5) Existing and proposed easements, including widths and purposes;
295 tğŭĻ
(6) Utilities, including the size, capacity and facilities, water lines, gas mains and power lines;
(7) Areas subject to periodic overflow of flood or stormwaters;
(8) Tract boundary lines by calculated distances and bearings; and
(9) Title, graphic scale, north point and date.
(C) Subdivision plat. A plat of a proposed subdivision drawn on an overlay of the topography at a scale no
smaller than 100 feet to one inch, showing:
(1) Proposed name of subdivision, which name shall not duplicate the names of any plat heretofore
recorded in the county;
(2) Location by section, town and range, or by other legal description;
(3) Names and addresses of owner and subdivider, and the names of the city planner, land planning
consultant or surveyor who prepared the plan;
(4) Street pattern, including the names (which shall not duplicate existing streets in the city unless it
is an extension of an existing street), widths of rights-of-way of streets, approximate length of
streets and widths of easements for alleys;
(5) Indication of the proposed storm runoff through use of arrows or notes;
(6) Layout of lots, including dimensions, square footage, numbers, front yard lines, building setback
lines on odd-shaped lots; location and widths of easements;
(7) Location and area of parcels of land to be dedicated or reserved for schools, parks, playgrounds
or other public or community use; and
(8) Legend, notes, graphic scale, north point and date.
(D) Engineering plans. Engineering plans prepared by a registered engineer for the proposed subdivision
may be requested by the City Engineer during the subdivision process and shall include but not be
limited to the following:
(1) Show location and invert elevations of proposed sanitary sewer on preliminary plat;
(2) Show storm sewer pipe, catch basins and invert elevations on proposed plat. Indicate backyard
drainage with arrows; and
(3) Show proposed street grades every 100 feet on preliminary plat.
296 tğŭĻ
(E) Restrictions. A draft of the protective covenants or private restrictions to be incorporated in the final
subdivision plat.
§ 153.58 FINAL PLAT.
(A) The final plat shall be drawn at a scale no smaller than 100 feet to one inch.
(B) The final plat shall show:
(1) Subdivision name, name and address of owner and subdivider, source of title of land as shown
by the books of the County Register of Deeds, graphic scale, north point, date and certificate of
approval of City Council;
(2) Survey data showing:
(a) Accurate angular and lineal dimensions for all lines, angles and curvatures used to
describe boundaries, streets, easements, area to be reserved for public use and other
important features. Lot lines to show dimensions in feet and hundredths;
(b) An identification system for all lots and blocks;
(c) True angles and distances to the nearest established street lines or official monuments
(not less than 2), which shall be accurately described in the plat;
(d) Municipal, township, county or section lines accurately tied to the lines of the subdivision
by distances and angles;
(e) Radii, internal angles, points and curvatures and lengths of all arcs;
(f)Accurate location of all monuments. Pipes or steel rods shall be placed at the corners of
each lot and at each intersection of street centerlines;
(g) Accurate outlines, legal descriptions of any areas to be dedicated or reserved for public
use, or for the exclusive use of property owners within the subdivision with the purposes
indicated therein; and
(h) Certifications by a registered land surveyor, to the effect that the plat represents a survey
made by him or her and that monuments and markers shown thereon exist as located, and
that all dimensional and geodetic details are correct.
(C) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat and
the dedication of streets and other public areas.
297 tğŭĻ
(D) With submission of the final plat, ten copies of the plat map showing all addresses correctly labeled shall
be supplied to the Administrator for subsequent distribution to the utility companies, local school
districts, and Fire and Police Departments.
§ 153.59 PROCEDURES FOR PLAT SUBMISSIONS.
(A) General. The preliminary plat of the proposed subdivision must be approved by the Council before any
person, firm or corporation proposing a subdivision shall proceed with any grading and improvements
for streets or installation of public utilities. The final plat of the proposed subdivision must be approved
by the Council and recorded in accordance with the provisions hereof before any person, firm or
corporation proposing a subdivision shall sell, agree to sell, transfer, lease or otherwise convey any lot,
parcel or tract in a subdivision, or construct or commence the construction of any building in a
subdivision.
(B) Advisory meeting. A person or corporation desiring approval of a plat of a subdivision shall appear
before the Planning and Zoning Commission to discuss his or her proposal before filing an application
for preliminary plat approval. No fee or formal application is required for this meeting. Its purpose is to
save the subdivider time and money. The subdivider shall be prepared to discuss the details of his or her
proposed subdivision, including such items as the proposed use, existing features of the area, existing
covenants, land characteristics, availability of community facilities and utilities, size of development,
play areas or public areas, proposed protective covenants, proposed utilities and street improvements.
The Commission will answer any questions from the subdivider and suggest professional advice.
(C) Preliminary plat.
(1) Application. After the advisory meeting, the subdivider shall submit an application for approval
of a preliminary plat to the Administrator. The application shall be accompanied by the
following:
(a) Fifteen copies of all maps and data set forth in these regulations; and
(b) A certified check or money order in an amount to cover the scheduled preliminary fees.
(2) Action by the Administrator. The developer should submit plans to the Administrator ten days
before the meeting to provide adequate time for review. The Administrator shall send one copy
of each of the maps and data to the City Engineer, the City Planner and members of the Planning
and Zoning Commission for review.
(3) Action by Commission. The Planning and Zoning Commission shall review the preliminary plat
and shall set a public hearing on the preliminary plat, the time and place to be published in the
official newspaper at least ten days before the day of the hearing. Following the hearing, the
Commission shall recommend approval or disapproval of the preliminary plat with any changes
and conditions as it may suggest and shall transmit its recommendations. The Commission shall
determine whether the proposed plat is consistent with the regulations specified in this chapter
298 tğŭĻ
and with the comprehensive plan of the city, and whether the proposed development will
advance the general welfare of the area and the city.
(4) Action by Council. Upon receipt of the recommendations of the Planning and Zoning
Commission, the Council shall consider the application and, after holding public hearings as it
deems desirable, shall approve or disapprove the application with changes of conditions, if any,
as it may deem appropriate. This may include the requirement for a development contract
between the city and the applicant; refusal of any of the changes or conditions shall constitute
denial of the application by the City Council. Failure of the applicant to notify the City Council
of his or her acceptance or refusal of the modifications to the preliminary plat constitute
acceptance of these conditions. The City Council shall approve or disapprove the plat within 120
days from the application by the subdivider unless the city grants itself an automatic extension of
time or the time period is otherwise extended by agreement.
(D) Final plat.
(1) Within 180 days from receiving the last required approval of the preliminary plat by the City
Council, the developer shall submit an application for final approval to the Administrator, as set
forth in these regulations. The application shall be accompanied by:
(a) One copy of the plat which is to be recorded;
(b) Ten prints of the plat for city record;
(c) A certified check or money order in an amount to cover the final fees;
(d) A certificate that all improvements required by these regulations and all other applicable
city ordinances have been installed in strict accordance with the standards of construction
of the city; or a guarantee that the improvements will subsequently be installed by the
owner, in the form of a bond that will cover the cost of improvements as estimated by the
City Engineer or Council. Failure to provide this data within the 90-day period shall
render null and void the approval of the preliminary plat. An extension of this time
period may be granted by the City Council on request of the developer; and
(e) Final plat will not be approved until developer gets approval from Rice Creek Watershed.
(2) Action by Administrator. The Administrator shall send one copy of each of the final data to the
City Attorney for review.
(3) Action by Council. Upon receipt of the reports of the City Engineer and City Attorney, the
Council shall consider approval of the final plat. Following approval by the Council, the Mayor
or other authorized person shall endorse the plat and the Administrator shall return it to the
applicant. If the final plat is not in substantial compliance with the regulations and conditions set
forth, the Administrator shall return the final plat to the applicant with an attached statement
299 tğŭĻ
identifying the areas of noncompliance. The City Council shall approve or disapprove the plat
within 60 days of staff reports.
(4) Recording. The subdivider shall present a copy of the approved final plat to the Register of
Deeds of the County. Unless the plat is duly recorded within 60 days from the date of final plat
approval, the city approval of the plat is void.
(5)Noncompliance. In the event the final plat as submitted for final approval is returned for
noncompliance:
(a) The applicant may treat the notification as denial of final approval;
(b) The applicant may resubmit the plan so it does comply with the regulations and
conditions set forth; or
(c) The applicant may file a written request for a hearing before the Council, unless he or she
has previously been heard by the Council.
ADMINISTRATION AND ENFORCEMENT
§ 153.70 GENERAL.
(A) Administrator. The Administrator shall serve as the administrator who shall be responsible for the
administration of this chapter and shall:
(1) Administer the provisions of this chapter in accordance with its literal terms and
regulations;
(2) Collect the fees as established by resolution of the City Council;
(3) Maintain permanent and current records pertaining to this chapter, including but not
limited to maps, amendments, appeals and applications therefore; and
(4) Receive, file and forward petitions for appeals, amendments or other action to the
appropriate official bodies.
(B) Public hearing. Before acting on any subdivision plan or variance, the Planning and Zoning
Commission shall arrange for a public hearing thereon, after giving notice of the time and place in the
official newspaper of the city at least ten days prior to the day of the hearing.
(C) Variances. The Council may grant a variance upon receiving a report from the Planning and Zoning
Commission in any particular case where the subdivider can show that by reason of exceptional
topography or other physical conditions, the strict compliance with these or other physical conditions,
300 tğŭĻ
the strict compliance with these regulations could cause unnecessary hardship. Application for a
variance shall be made in writing by subdivider at the time the preliminary plat is filed with the
Administrator. A variance thus granted shall be recorded in resolution form entered in the minutes of
the Council setting forth the reason which justified the action.
(D) Inspection. When the plans of streets and other improvements have been approved as provided in this
chapter, the subdivider shall first notify the Administrator of his or her intention to proceed with the
construction or installation of the streets and improvements. Notification shall be made at least 24 hours
before any construction or installation shall commence, so as to give the city officials an opportunity to
inspect the site prior to commencement of work and to inspect installation or construction of the streets
and improvements during the course of work being performed. In order to defray a part of the costs
incurred by the city in inspecting the installation of improvements required by this chapter, the
subdivider shall, before he or she proceeds with any construction or installation, present a certified
check or money order made payable to the city in an amount equal to three percent of the City
EngineerÓs estimate of the cost of the improvements.
(E) Maintenance bond. After the utilities and streets are approved, the developer shall furnish the city with
a 2-year maintenance bond equal to 25 percent of the construction costs. During the 2-year maintenance
bond period, the city will perform routine maintenance. Any unusual problems shall be corrected by the
developer. After two years, the City Engineer will inspect the utilities and streets. If everything is
acceptable, the city will accept full responsibility from that point on.
(F) Building permits. No building permit shall be issued for the construction of any building, structure or
improvements to the land or any lot within a subdivision, as defined herein, which has been approved
for platting, until all requirements of this chapter and all provisions for street construction and land
improvement have been complied with in full. Furthermore, no building permit will be issued for the
construction of any building structure on any lot within the city which does not abut on a publicly
dedicated and maintained street.
§ 153.71 AMENDMENTS.
(A) In general. This chapter may be amended by following the procedure specified in this section.
(B) Initiation. An amendment may be initiated by the City Council, the Planning and Zoning Commission
or by the petition of a resident to the City Council. An amendment not initiated by the Planning and
Zoning Commission shall be referred to the Commission for study and report, and the Council shall not
act on the amendment until it has received the recommendation of the Planning Commission or until 60
days have elapsed from the date of reference of the amendment without a report by the Commission.
(C) Action by Commission. Before any amendment is adopted, the Planning and Zoning Commission shall
hold at least one public hearing thereon after a notice of the hearing has been published in the official
newspaper at least ten days before the hearing. Following the hearing, the Planning and Zoning
Commission shall make a report of its findings and unless the amendment has been initiated by the
Commission, and Commission determines not to recommend it to the Council, it shall file a copy with
301 tğŭĻ
the Administrator within 14 days of the meeting at which the date of the hearing was concluded. When
the amendment to the Commission. Failure of the Planning Commission so to report on an amendment
not initiated by it, is deemed to be approval by the Commission of the amendment.
(D) Council action. Upon the filing of the report, or upon the failure of the Planning Commission to file a
report within the time prescribed by this section on an amendment proposed by petition or by the
Council, the City Council shall hold public hearings as it deems advisable. After the conclusion of the
hearings, if any, the Council shall act upon the request within 45 days to adopt the amendment or any
part thereof in any form as it deems advisable.
(E) Fee. Any person filing a petition requesting an amendment to this chapter shall pay a fee according to
the schedule established by the City Council. The fee is payable at the time of filing and is not
refundable.
§ 153.72 APPEALS.
The City Council shall, unless otherwise superseded by law, have the power and duty of hearing and
deciding appeals where it is alleged that there is an error in any order, requirement, decision or determination
made in the administration or enforcement of this chapter.
(A) Procedure. An appeal for administrative review may be taken to the Council by any person, firm or
corporation or any city officer, department or agency affected by an adverse decision in the
administration or enforcement of this chapter. An appeal shall be taken by filing a notice of appeal
specifying the grounds thereof with the Administrator and the Council within 30 days after the decision.
If the appeal is not taken by the owner of the property which is the subject matter of the decision
appealed from, the notice shall not be so filed until after it has been served upon the owner either in
person or by mail. The Administrator shall forthwith transmit to the Council all papers constituting the
record upon which the action appealed from was taken. An appeal for an administrative review stays all
proceedings, in furtherance of the action appealed from unless the Administrator certifies to the Council
that, by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to
life or property. In that case, the proceedings shall not be stayed otherwise than by a restraining order
granted by a court of competent jurisdiction. The Council shall at its regular meeting after the filing of
an appeal to it from a decision set a date for hearing thereon, which shall be not later than 60 days after
the meeting. After hearing the oral or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future meeting thereof. The decision of the Council may
be appealed to the County District Court.
(B) Fees. There shall be no fee charged for appeals.
§ 153.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
302 tğŭĻ
CHAPTER154REPEALEDANDRENUMBERED156
303 tğŭĻ
CHAPTER155:FLOODDAMAGEPREVENTION
Section
General Provisions
155.01 Statutory authorization
155.02 Findings of fact
155.03 Statement of purpose
155.04 Definitions
155.05 Lands to which this chapter applies
155.06 Adoption of maps
155.07 Regulatory flood protection elevation
155.08 Interpretation of chapter and maps
155.09 Abrogation and greater restrictions
155.10 Warning and disclaimer of liability
Zoning District Regulations
155.25 Establishment of zoning districts
155.26 Compliance with chapter
155.27 Floodway District (FW)
155.28 Flood Fringe District (FF)
155.29 General Floodplain District
155.30 Subdivisions
155.31 Public utilities, railroads, roads and bridges
155.32 Manufactured homes, manufactured home parks, travel trailers and travel vehicles
Administration and Enforcement
155.50 Zoning Administrator
155.51 Permit requirements
155.52 Certificate of zoning compliance
155.53 Construction and use to conform to applications, plans, permits and the like
155.54 Certification
155.55 Record of first floor elevation
155.56 Board of Adjustment
155.57 Conditional uses
155.58 Nonconforming uses and nonconforming structures
304 tğŭĻ
155.59 Amendments
155.99 Penalty
GENERAL PROVISIONS
§ 155.01 STATUTORY AUTHORIZATION.
The legislature of the state has, in M.S. Chapter 103F and M.S. § 462.357, as may be amended from
time to time, delegated the responsibility to local government units to adopt regulations designed to minimize
flood losses. Therefore, the City Council does ordain this chapter.
Ord. #33-A, adopted 04/12/1989
§ 155.02 FINDINGS OF FACT.
(A) The flood hazard areas of the city are subject to periodic inundation which results in potential loss of
life, loss of property, health and safety hazards, disruption of commerce and governmental 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) 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. #33-A, adopted 04/12/1989
§ 155.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize
those losses described in § 155.02 by the provisions contained in this chapter.
Ord. #33-A, adopted 04/12/1989
§ 155.04 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
305 tğŭĻ
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with and of a nature
customarily incidental and subordinate to the principal use or structure.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below
ground level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be
allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as
provided in the official zoning controls or building codes and upon a finding that certain conditions as
detailed in the zoning chapter exist and the structure and land use plan, if one exists, are compatible with
the existing neighborhood.
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.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that
results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. The term is synonymous
with the term FLOODWAY FRINGE used in the flood insurance study for the city.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have
been or hereafter may be covered by the regional flood.
FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties
and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter
in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede,
retard or change the direction of the flow of water, either in itself or by catching or collecting debris
carried by the water.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically constitute a REACH.
306 tğŭĻ
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100-year recurrence interval. The term is synonymous with the term
BASE FLOOD used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one 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 or erected on the ground or attached to the ground or on-site
utilities, including but not limited to buildings, factories, sheds, detached garages, cabins, manufactured
homes, travel trailers or vehicles not meeting the exemption criteria specified in § 155.32(C) and other
similar items.
VARIANCE. A modification of a specific permitted development standard required in an official
control, including this chapter, to allow an alternative development standard not stated as acceptable in
the official control, but only as applied to a particular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance as defined and elaborated upon in a communityÓs respective
planning and zoning enabling legislation.
Ord. #33-A, adopted 04/12/1989
§ 155.05 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all lands within the jurisdiction of the city shown on the official zoning map
and the attachments thereto as being located within the boundaries of the Floodway or Flood Fringe Districts.
Ord. #33-A, adopted 04/12/1989
§ 155.06 ADOPTION OF MAPS.
The official zoning map together with all materials attached thereto is hereby adopted by reference and
declared to be a part of this chapter. The attached material shall include the flood insurance study for the city
prepared by the Federal Insurance Administration and Flood Insurance Rate Map dated 6-2-1999. The official
zoning map shall be on file in the office of the Administrator and the County Auditor.
Ord. #33-A, adopted 04/12/1989
§ 155.07 REGULATORY FLOOD PROTECTION ELEVATION.
307 tğŭĻ
(A)Residential zoning district. Within a residential zoning district, the regulatory flood protection elevation
shall be an elevation no lower than two feet 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.
(B) Commercial and industrial zoning districts. Within a commercial and industrial zoning district, the
regulatory flood protection elevation shall be an elevation no lower than one 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.
Ord. #33-A, adopted 04/12/1989, Ord. amended 01/09/1991, Ord. amended 09/23/1992
§ 155.08 INTERPRETATION OF CHAPTER AND MAPS.
(A) In its 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 Council, and shall not be deemed a
limitation or repeal of any other powers granted by state law.
(B) 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, as for example where there appears to be a conflict between a mapped
boundary and actual field conditions and there is a formal appeal of the decision of the Zoning
Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be
based on elevations on the regional 100-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 Board of Adjustment and to submit technical evidence.
Ord. #33-A, adopted 04/12/1989
§ 155.09 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. #33-A, adopted 04/12/1989
§ 155.10 WARNING AND DISCLAIMER OF LIABILITY.
This chapter does not imply that areas outside the floodplain districts or land uses permitted within those
districts will be free from flooding or flood damages. This chapter shall not create liability on the part of city or
any officer or employee thereof for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
308 tğŭĻ
Ord. #33-A, adopted 04/12/1989
ZONING DISTRICT REGULATIONS
§ 155.25 ESTABLISHMENT OF ZONING DISTRICTS.
(A) Floodway District. The Floodway District shall include those areas designated as floodway on the
Flood Insurance Rate Map.
(B) Flood Fringe District. The Flood Fringe District shall include those areas designated as zones A and
AE that are located outside of the Floodway District.
§ 155.26 COMPLIANCE WITH CHAPTER.
(A) No new structure or land shall hereafter be used and no structure shall be located, extended, converted or
structurally altered without full compliance with the terms of this chapter and other applicable
regulations which apply to uses within the jurisdiction of this chapter. Within the Floodway and Flood
Fringe Districts, all uses not listed as permitted uses or conditional uses, shall be prohibited.
(B) In addition, a caution is provided here that:
(1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel
vehicles are subject to the general provisions of this chapter;
(2) Modifications, additions, structural alterations or repair after damage to existing nonconforming
structures and nonconforming uses of structures or land are regulated by the general provisions
of this chapter; and
(3) As-built elevations for elevated or flood-proofed structures must be certified by ground surveys,
and flood-proofing techniques must be designed and certified by a registered professional
engineer or architect as specified in the general provisions of this chapter.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.27 FLOODWAY DISTRICT (FW).
(A) Permitted uses.
(1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming and wild crop harvesting;
309 tğŭĻ
(2) Industrial-commercial loading areas, parking areas and airport landing strips;
(3) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas,
and single or multiple-purpose recreational trails; and
(4) Residential lawns, gardens, parking areas and play areas.
(B) Standards for floodway permitted uses.
(1) The use shall have a low flood damage potential;
(2) The use shall be permissible in the underlying zoning district, if one exists; and
(3) The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill obstructions, excavations or storage of materials or equipment.
(C) Conditional uses.
(1) Structures accessory to the uses listed in this section;
(2) Extraction and storage of sand, gravel and other materials as well as associated accessory
structures;
(3) Marinas, boat rentals, docks, piers, wharves and water control structures;
(4) Storage yards for equipment, machinery or materials;
(5) Placement of fill;
(6) Travel trailers and travel vehicles either on individual lots of record or in existing or new
subdivisions or commercial or condominium type campgrounds, subject to the specific
regulation of these uses contained in this chapter; and
(7) Structural works for flood control such as levees, dikes and floodwalls constructed to any height
where the intent is to protect individual structures and levees or dikes, where the intent is to
protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency
flood event.
(D) Standards for floodway conditional uses.
(1) For all uses, no structure (temporary or permanent), fill (including fill for roads and levees),
deposit, obstruction, storage of materials or equipment or other uses may be allowed as a
310 tğŭĻ
conditional use that will cause any increase in the stage of the 100-year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
(2) All floodway conditional uses shall be subject to the procedures and standards for conditional
use permits.
(3) The conditional use shall be permissible in the underlying zoning district if one exists.
(4) (a) Fill, dredge spoil and other similar materials deposited or stored in the floodplain
shall be protected from erosion by vegetative cover, mulching, rip-rap or other
acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes
an erosion and sedimentation prevention element to the plan.
(5) (a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures, if permitted, shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of floodwaters. Whenever
possible, structures shall be constructed with the longitudinal axis parallel to the
direction of flood flow, and so far as practicable, structures shall be placed
approximately on the same flood flow lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in
accordance with the FP-1 or FP-2 flood-proofing classifications in the Minnesota
Building Code. As an alternative, an accessory structure may be flood-proofed to
the FP-3 or FP-4 flood-proofing classification in the Minnesota Building Code,
provided the accessory structure constitutes a minimal investment, does not
exceed 500 square feet in size and, for a detached garage, the detached garage
must be used solely for parking of vehicles and limited storage. All flood-proof
accessory structures must meet the following additional standards as appropriate:
1. The structure must be adequately anchored to prevent floatation, collapse
or lateral movement of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls; and
2. Any mechanical and utility equipment in a structure must be elevated to or
above the regulatory flood protection elevation or properly flood-proofed.
(6) Storage of materials and equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable, explosive
or potentially injurious to human, animal or plant life is prohibited; and
311 tğŭĻ
(b) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
(7) Structural works for flood control that will change the course, current or cross-section of
protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103F, as
amended. Community-wide structural works for flood control intended to remove areas from the
regulatory floodplain shall not be allowed in the floodway.
(8) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-
year or regional flood and the technical analysis must assume equal conveyance or storage loss
on both sides of a stream.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989, Ord. amended 05/24/1990
§ 155.28 FLOOD FRINGE DISTRICT (FF).
(A) Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the
underlying zoning use districts. If no pre-existing, underlying zoning use districts exist, then any
residential or nonresidential structure or use of a structure or land shall be a permitted use in the flood
fringe, provided the use does not constitute a public nuisance. All permitted uses shall comply with the
standards for flood fringe permitted and the standards for all flood fringe permitted and conditional uses
listed in this chapter.
(B) Standards for FF permitted uses.
(1) All structures, including accessory structures, must be elevated on fill so that the lowest floor
including basement floor is at or above the regulatory flood protection elevation. The finished
fill elevation for structures shall be no lower than one foot below the regulatory flood protection
elevation, and the fill shall extend at that elevation at least 15 feet beyond the outside limits of
the structure erected thereon.
(2) As an alternative to elevation on fill, accessory structures that constitute a minimal investment
and that do not exceed 500 square feet for the outside dimension at ground level may be
internally flood-proofed in accordance with this chapter.
(3) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is
located on the parcel shall be allowable only as a conditional use, unless the fill is specifically
intended to elevate a structure in accordance with this section.
(4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
312 tğŭĻ
(C) Conditional uses. Any structure that is not elevated on fill or flood-proofed in accordance with this
chapter or any use of land that does not comply with the standards in divisions (B)(3) and (B)(4) of this
section shall only be allowable as a conditional use. An application for a conditional use shall be subject
to the standards and criteria and evaluation procedures specified this chapter
(D) Standards for FF conditional uses.
(1) Alternative elevation methods other than the use of fill may be utilized to elevate a structureÓs
lowest floor above the regulatory flood protection elevation. These alternative methods may
include the use of stilts, pilings, parallel walls and the like, or above-grade, enclosed areas such
as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered
above-grade and not a structureÓs basement or lowest floor if: the enclosed area is above grade
on at least one side of the structure; the enclosed area is designed to flood internally and is
constructed with flood-resistant materials; and the enclosed area is used solely for parking of
vehicles, building access or storage. The above-noted alternative elevation methods are subject
to the following additional standards:
(a) Design and certification. The structureÓs design and as-built condition must be certified
by a registered professional engineer or architect as being in compliance with the general
design standards of the Minnesota Building Code and, specifically, that all electrical,
heating, ventilation, plumbing and air conditioning equipment and other service facilities
must be at or above the regulatory flood protection elevation or be designed to prevent
floodwater from entering or accumulating within these components during times of
flooding.
(b) Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas
such as crawl spaces or tuck-under garages must be designed to flood internally, and the
design plans must stipulate:
1. The minimum area of openings in the walls where internal flooding is to be used
as a flood-proofing technique. When openings are placed in a structureÓs walls to
provide for entry of floodwaters to equalize pressures, the bottom of all openings
shall be no higher than one foot above grade. Openings may be equipped with
screens, louvers, valves or other coverings or devices; provided, that they permit
the automatic entry and exit of floodwaters; and
2. That the enclosed area will be designed of flood-resistant materials in accordance
with the FP-3 or FP-4 classifications in the Minnesota Building Code and shall be
used solely for building access, parking of vehicles or storage.
(2) Basements, as defined in this chapter, shall be subject to the following:
(a) Residential basement construction shall not be allowed below the regulatory flood
protection elevation; and
313 tğŭĻ
(b) Nonresidential basements may be allowed below the regulatory flood protection
elevation; provided, that the basement is structurally dry flood-proofed in accordance
with this chapter.
(3) All areas of nonresidential structures, including basements, to be placed below the regulatory
flood protection elevation shall be flood-proofed in accordance with the structurally dry flood-
proofing classifications in the Minnesota Building Code. Structurally dry flood-proofing must
meet the FP-1 or FP-2 flood-proofing classification in the Minnesota Building Code and this
shall require making the structure watertight with the walls substantially impermeable to the
passage of water and with structural components having the capability of buoyancy. Structures
flood-proofed to the FP-3 or FP-4 classification shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a
parcel for activities such as on-site storage, landscaping, sand and gravel operations, landfills,
roads, dredge spoil disposal or construction of flood control works, an erosion and sedimentation
control plan must be submitted unless the community is enforcing a state-approved shoreland
management ordinance. In the absence of a state-approved shoreland ordinance, the plan must
clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of
the 100-year or regional flood event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the City Council. The plan may
incorporate alternative procedures for removal of the material from the floodplain if adequate
flood warning time exists.
(5) Storage of materials and equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable explosive,
or potentially injurious to human, animal or plant life is prohibited; and
(b) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
(E) Standards for all FF uses.
(1) All new principal structures must have vehicular access at or above an elevation not more than
two feet below the regulatory flood protection elevation. If a variance to this requirement is
granted, the Board of Adjustment must specify limitations on the period of use or occupancy of
the structure for times of flooding and only after determining that adequate flood warning time
and local flood emergency response procedures exist.
(2) For commercial uses, accessory land uses such as yards, railroad tracks and parking lots may be
at elevations lower than the regulatory flood protection elevation. However, a permit for these
facilities to be used by the employees or the general public shall not be granted in the absence of
a flood warning system that provides adequate time for evacuation if the area would be
314 tğŭĻ
inundated to a depth greater than two feet or be subject to flood velocities greater than four feet
per second upon occurrence of the regional flood.
(3) For manufacturing and industrial uses, measures shall be taken to minimize interference with
normal plant operations, especially along streams having protracted flood durations. Certain
accessory land uses such as yards and parking lots may be at lower elevations subject to
requirements set out in this section. In considering permit applications, due consideration shall
be given to needs of an industry whose business requires that it be located in floodplain areas.
(4) Fill shall be properly compacted and the slopes shall be properly protected by the use of rip-rap,
vegetative cover or other acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood elevation. FEMAÓs
requirements incorporate specific fill compaction and side slope protection standards for multi-
structure or multi-lot developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area designation will be
requested.
(5) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining floodplain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the official zoning map.
(6) Standards for travel trailers and travel vehicles are contained in this chapter
(7) All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists floatation, collapse and lateral movement. Methods of anchoring may include
but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement
is in addition to applicable state or local anchoring requirements for resisting wind forces.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.29 GENERAL FLOODPLAIN DISTRICT.
(A) Permissible uses.
(1) The uses listed in the floodway FW district shall be permitted uses.
(2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to this
section.
(B) Procedures for floodway and flood fringe determinations within the General Floodplain District.
315 tğŭĻ
(1) Upon receipt of an application for a conditional use permit for a use within the General
Floodplain District, the applicant shall be required to furnish any of the following information as
is deemed necessary by the Zoning Administrator for the determination of the regulatory flood
protection elevation and whether the proposed use is within the Floodway or Flood Fringe
District:
(a) A typical valley 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 information;
(b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill
or storage elevations; 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; and/or
(c) Profile showing the slope of the bottom of the channel or flow line of the stream for at
least 500 feet in either direction from the proposed development.
(2) The applicant shall be responsible to submit one copy of the above information 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 District and to determine the regulatory flood
protection elevation. Procedures consistent with Minn. Rules parts 6120.5000 through
6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is
strongly encourage to discuss the proposed technical evaluation methodology with the respective
Department of Natural ResourcesÓ Area Hydrologist prior to commencing the analysis. The
designated engineer or expert shall:
(a) Estimate the peak discharge of the regional flood;
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis
of the stream channel and overbank areas; and
(c) Compute the floodway necessary to convey or store the regional flood without increasing
flood stages more than one-half foot. A lesser stage increase than one-half foot shall be
required if, as a resolution of the additional stage increase, increased flood damages
would result. An equal degree of encroachment on both sides of the stream within the
reach shall be assumed in computing floodway boundaries.
(3) The Zoning Administrator shall present the technical evaluation and findings of the designated
engineer or expert to the City Council. The City Council must formally accept the technical
evaluation and the recommended Floodway or Flood Fringe District boundary or deny the permit
application. The City Council, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management Agency, the Department of
Natural Resources or the Planning and Zoning Commission for review and comment. Once the
Floodway and Flood Fringe Boundaries have been determined, the City Council shall refer the
316 tğŭĻ
matter back to the Zoning Administrator who shall process the permit application consistent with
the applicable provisions of this chapter.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989, Ord. amended 01/26/1994
§ 155.30 SUBDIVISIONS.
(A) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate
drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall
contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this chapter and have road
access both to the subdivision and to the individual building sites no lower than two feet below the
regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway and flood
fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads
shall be clearly labeled on all required subdivision drawings and platting documents.
(B) Removal of special flood hazard area designation. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood elevation. FEMAÓs requirements
incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
(C) Scope of section. This section is not intended as a substitute for a comprehensive city or county
subdivision ordinance. It can, however, be used as an interim control until the comprehensive
subdivision ordinance can be amended to include necessary floodplain management provisions.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989, Ord. amended 05/24/1990
§ 155.31 PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES.
(A) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems
to be located in the floodplain shall be flood-proofed in accordance with the Minnesota Building Code
or elevated to above the regulatory flood protection elevation.
(B) Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain
shall comply with Floodway and Flood fringe requirements of this chapter. Elevation to the regulatory
flood protection elevation shall be provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where these facilities are essential to the orderly
317 tğŭĻ
functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public health or safety.
(C) On-site sewage treatment and water supply systems. Where public utilities are not provided, on-site
water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the
systems, and new or replacement on-site sewage treatment systems must be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters,
and they shall not be subject to impairment or contamination during times of flooding. Any sewage
treatment system designed in accordance with the stateÓs current statewide standards for on-site sewage
treatment systems shall be determined to be in compliance with this section.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.32 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, TRAVEL TRAILERS
AND TRAVEL VEHICLES.
(A) New manufactured home parks and expansions to existing mobile manufactured home parks shall be
subject to the provisions placed on subdivisions in this chapter.
(B) (1) The placement of new or replacement manufactured homes in existing manufactured
home parks or on individual lots of record that are located in floodplain districts will be
treated as a new structure and may be placed only if elevated in compliance with this
chapter. If vehicular road access for pre-existing manufactured home parks is not
provided in accordance with access requirements to new developments, then replacement
manufactured homes will not be allowed until the property owner develops a flood
warning emergency plan acceptable to the City Council.
(2) All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists floatation, collapse and lateral movement. Methods of
anchoring may include but are not to be limited to use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
(C) Travel trailers and travel vehicles that do not meet the exemption criteria specified in division this
section shall be subject to the provisions of this chapter and as specifically spelled out in this section.
(1) Exemption: travel trailers and travel vehicles are exempt from the provisions of this chapter if
they are placed in any of the areas listed in division (C)(2) of this section and further meet the
following criteria:
(a) Have current licenses required for highway use;
318 tğŭĻ
(b) Are highway-ready, meaning on wheels or the internal jacking system; are attached to the
site only by quick disconnect-type utilities commonly used in campgrounds and trailer
parks; and the travel trailer/travel vehicle has no permanent structural type additions
attached to it; and
(c) The travel trailer or travel vehicle and associated use must be permissible in any pre-
existing, underlying zoning use district.
(2) Areas exempted for placement of travel/recreational vehicles:
(a) Individual lots or parcels of record;
(b) Existing commercial recreational vehicle parks or campgrounds; and
(c) Existing condominium type associations.
(3) Travel trailers and travel vehicles exempted this section lose this exemption when development
occurs on the parcel exceeding $500 for a structural addition to the travel trailer/travel vehicle or
an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and
all additions and accessory structures will then be treated as a new structure and shall be subject
to the elevation and flood-proofing requirements and the use of land restrictions of this chapter.
(4) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type
subdivisions and condominium associations and the expansion of any existing similar use
exceeding five units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway
or Flood Fringe Districts; provided, the trailer or vehicle and its contents are placed on
fill above the regulatory flood protection elevation and proper elevated road access to the
site exists in accordance with this chapter. Any fill placed in a floodway for the purpose
of elevating a travel trailer shall be subject to the floodway requirements of this chapter.
(b) 1. All new or replacement travel trailers or travel vehicles not meeting the
criteria of this section may, as an alternative, be allowed as a conditional
use if in accordance with the following provisions and the procedural
requirements for conditional uses contained in this chapter.
2. The applicant must submit an emergency plan for the safe evacuation of
all vehicles and people during the 100-year flood. This plan shall be
prepared by a registered engineer or other qualified individual and shall
demonstrate that adequate time and personnel exist to carry out the
evacuation.
3. All attendant sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or constructed so
319 tğŭĻ
as to not be impaired or contaminated during times of flooding in
accordance with city code and Minnesota statutes and rules.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989, Ord. amended 07/14/1993
ADMINISTRATION AND ENFORCEMENT
§ 155.50 ZONING ADMINISTRATOR.
A Zoning Administrator designated by the City Council shall administer and enforce this chapter. If the
Zoning Administrator finds a violation of the provisions of this chapter, the Zoning Administrator shall notify
the person responsible for the violation in accordance with the procedures stated in this chapter.
Ord. #33-A, adopted 4/12/1989
§ 155.51 PERMIT REQUIREMENTS.
(A) Permit required. A permit issued by the Zoning 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; and prior to the placement of fill, excavation of materials or the storage of
materials or equipment within the floodplain.
(B) Application for permit. Application for a permit shall be made in duplicate to the Zoning Administrator
on forms furnished by the Zoning Administrator and shall include the following where applicable: plans
in duplicate 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.
(C) State and federal permits. Prior to granting a 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 permits.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.52 CERTIFICATE OF ZONING COMPLIANCE.
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
320 tğŭĻ
certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the
building or land conforms to the requirements of this chapter.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.53 CONSTRUCTION AND USE TO CONFORM TO APPLICATIONS, PLANS, PERMITS AND
THE LIKE.
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 the approved plans and
applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance
with that authorized shall be deemed a violation of this chapter and punishable as provided by § 155.99.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.54 CERTIFICATION.
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. Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.55 RECORD OF FIRST FLOOR ELEVATION.
The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including
basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning
Administrator shall also maintain a record of the elevation to which structures and alterations or additions to
structures are flood-proofed.
Ord. #33-A, adopted 04/12/1989
§ 155.56 BOARD OF ADJUSTMENT.
321 tğŭĻ
(A) Rules. The Planning and Zoning Commission and the City Council shall act as the Board of
Adjustment. The Planning and Zoning Commission shall investigate the matter, make findings of fact
and recommendation to the City Council who shall render a decision.
(B) Administrative review. The Board of Adjustment shall hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made by an administrative official in the
enforcement or administration of this chapter.
(C) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or
variance from the terms of this chapter as will not be contrary to the public interest and only for those
circumstances such as hardship, practical difficulties or circumstances unique to the property under
consideration, as provided for in the respective enabling legislation for planning and zoning for cities or
counties as appropriate. In the granting of the variance, the Board of Adjustment shall clearly identify in
writing the specific conditions that existed consistent with the criteria specified in the respective
enabling legislation which justified the granting of the variance. 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.
(D) Hearing. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning
Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a
hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall
submit by mail to the Commissioner of Natural Resources a copy of the application for proposed
variances sufficiently in advance so that the Commissioner will receive at least ten daysÓ notice of the
hearing.
(E) Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance within 60 days.
In passing upon an appeal, the Board of Adjustment may, so long as the action is in conformity with the
provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement,
decision or determination of the Zoning Administrator or other public official. It shall make its decision
in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the
Board of Adjustment may prescribe appropriate conditions and safeguards, which are in conformity with
the purposes of this chapter. Violations of these conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be deemed a violation of this chapter. A copy of all
decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of the action.
(F)Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this
communityÓs official controls and also state law.
(G) Flood insurance notice and recordkeeping. The Zoning Administrator shall notify the applicant for a
variance that the issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage, and that this construction below the 100-year or regional flood level increases risks to life and
property. This notification shall be maintained with a record of all variance actions. A community shall
322 tğŭĻ
maintain a record of all variance actions, including justification for their issuance, and report variances
issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance
Program.
Ord. #33-A, adopted 04/12/1989, Ord. amended 05/24/1990
§ 155.57 CONDITIONAL USES.
(A) Generally. The City Council shall decide applications for conditional uses permissible under this
chapter. Applications shall be submitted to the Zoning Administrator who shall forward the application
to the Planning and Zoning Commission for review and consideration. The Planning and Zoning
Commission shall make a recommendation to the City Council. The City Council shall, following such
hearings it considers necessary, consider the matter and render a decision.
(B) Hearings. The Planning and Zoning Commission shall follow the hearing and notice procedures for
conditional uses contained in the Zoning Chapter of this code in making its recommendation to the City
Council. Upon filing with the City Council an application for a conditional use permit, the city shall
submit by mail to the Commissioner of Natural Resources a copy of the application for the proposed
conditional use sufficiently in advance so that the Commissioner will receive at least ten daysÓ notice of
the hearing.
(C) Decisions. The City Council shall arrive at a decision on a conditional use within the time requirements
of ordinance or state law. In granting a conditional use permit, the City Council shall prescribe
appropriate conditions and safeguards which are in conformity with the purposes of this chapter.
Violations of these conditions and safeguards, when made a part of the terms under which the
conditional use permit is granted, shall be deemed a violation of this chapter. A copy of all decisions
granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of the action.
(D) Procedures to be followed by the city in passing on conditional use permit applications within all
floodplain districts.
(1) Require the applicant to furnish any of the following information and additional information as
deemed necessary by the city for determining the suitability of the particular site for the
proposed use: plans in triplicate drawn to scale showing the nature, location, dimensions and
elevation of the lot, existing or proposed structures, fill storage of materials, flood-proofing
measures, and the relationship of the above to the location of the stream channel; and
specifications for building construction and materials, flood-proofing, filling, dredging, grading,
channel improvement, storage of materials, water supply and sanitary facilities;
(2) Transmit one copy of the information to a designated engineer or other expert person or agency
for technical assistance, where necessary, in evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for
protection and other technical matters; and
323 tğŭĻ
(3) Based on the technical evaluation of the designated engineer or expert, the city shall determine
the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to
the flood hazard.
(E) Factors upon which the decision of the city shall be based. In passing upon conditional use applications,
the city shall consider all relevant factors specified in other sections of this chapter and:
(1) The danger to life and property due to increased flood heights or velocities caused by
encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the injury of others or
they may block bridges, culverts or other hydraulic structures;
(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 that
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 Comprehensive 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; and
(12) Other factors which are relevant to the purposes of this chapter.
(H) Time for acting on application. The city shall act on an application in the manner described above
within 60 days from receiving the application, except where the city is granted an extension of time in
which to make the decision.
(I) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the
purpose of this chapter, the City Council shall attach any conditions to the granting of conditional use
324 tğŭĻ
permits as it deems necessary to fulfill the proposes of this chapter. These conditions may include but
are not limited to the following:
(1) Modification of waste treatment and water supply facilities;
(2) Limitations on period of use, occupancy and operation;
(3) Imposition of operational controls, sureties and deed restrictions;
(4) Requirements for construction of channel modifications, compensatory storage, dikes, levees and
other protective measures; and
(5) Flood-proofing measures, in accordance with the Minnesota Building Code and this chapter.
The applicant shall submit a plan or document certified by a registered professional engineer or
architect that the flood-proofing measures are consistent with the regulatory flood protection
elevation and associated flood factors for the particular area.
Ord. #33-A, adopted 04/12/1989
§ 155.58 NONCONFORMING USES AND NONCONFORMING STRUCTURES.
(A) 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 conditions:
(1) No use shall be expanded, changed, enlarged or altered in a way which increases its
nonconformity;
(2) Any alteration or addition to a nonconforming structure or nonconforming use which would
result in increasing the flood damage potential of that structure or use shall be protected to the
regulatory flood protection elevation in accordance with any of the elevation, fill or flood-
proofing techniques (such as FP-1 through FP-4 flood-proofing classifications) allowable in the
Minnesota Building Code, except as further restricted this section; and
(3) The cost of any structural alterations or additions to any nonconforming structure over the life of
the structure shall not exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all structural alterations and additions
constructed since the adoption of the communityÓs initial floodplain controls must be calculated
into todayÓs current cost which will include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the current market value of the structure, then the
structure must meet the standards of this chapter for new structures, depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
325 tğŭĻ
(B) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building
premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of
instances of nonconforming uses which have been discontinued for a period of 12 months.
(C) If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50
percent or more of its market value at the time of destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter. The applicable provisions for establishing new uses or
new structures contained in this chapter will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe District, respectively.
Ord. #33-A, adopted 04/12/1989
§ 155.59 AMENDMENTS.
(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 Commissioner of Natural Resources if he or she determines that, through other
measures, lands are adequately protected for the intended use.
(B) All amendments to this chapter, including amendments 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 must meet the Federal Emergency Management AgencyÓs technical conditions and criteria
and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must
be given ten daysÓ written notice of all hearings to consider an amendment to this chapter and the notice
shall include a draft of the ordinance amendment or technical study under consideration.
Ord. #33-A, adopted 04/12/1989
§ 155.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
Ord. #33-A, adopted 04/12/1989
326 tğŭĻ
CHAPTER156:ZONINGCODE
Section
General Provisions
156.001 Title; purpose
156.002 Jurisdiction
156.003 Application
156.004 Scope and interpretation
156.005 General interpretation
156.006 Definitions
156.007 through 156.014 reserved for future use
Districts and Use Regulations
156.015 General provisions
156.016 Rural Residential District (R-1)
156.017 High-Density Single-Family Residential District (R-2A)
156.018 Single-Family Residential District (R-2)
156.019 Single-Family Manufactured Housing District (R-4)
156.020 Single-Family Residential - Estate District (R-5)
156.021 High-Density Multi-Family Residential District (R-3)
156.022 through 156.029 reserved for future use
156.030 Commercial District (B-1)
156.031 Main Street Commercial District (B-2)
156.032 through 156.039 reserved for future use
156.040 Industrial District (I-1)
156.041 through 156.049 reserved for future use
156.050 Public/Institutional District (P-1)
156.051 Mixed Use District (M-1)
156.052 Mixed Use Neighborhood District (M-2)
156.052 through 156.099 reserved for future use
General Regulations
156.100 Lot provisions
156.101 Nonconforming uses and structures
156.102 Home occupations
156.103 Single-family dwelling requirements
156.104 Temporary dwellings and structures
156.105 Public utilities required
156.106 Relocated buildings or structures
327 tğŭĻ
156.107 Accessory structures and uses
156.108 Site plan review
156.109 Final grading and landscaping
156.110 Building numbers
156.111 Fences
156.112 through 156.120 reserved for future use
156.121 Height
156.122 Yards
156.123 through 156.132 reserved for future Use
156.133 Special provisions related to development or building on lands within 100 feet of
Centerville Lake, Peltier Lake or Clearwater Creek
156.134 through 156.143 reserved for future use
156.144 Other standards
156.145 through 156.154 reserved for future use
156.155 Woodlands preservation
156.156 through 156.165 reserved for future use
156.166 Parking requirements
156.167 Tree Planting
156.168 Through 156.177 reserved for future use
156.178 Landscaping
Planned Unit Developments
156.200 Objectives
156.201 through 156.209 reserved for future use
156.210 General requirements
156.211 through 156.219 reserved for future use
156.220 Uses permitted
156.221 Relationship of PUD site to adjacent areas
156.222 Minimum size
156.223 Minimum lot size
156.224 Setback and side yard requirements
156.225 Access to public right-of-way
156.226 Utility requirements
156.227 Open space
156.228 Parking
156.229 Reserved for future use
156.230 Arrangement of commercial uses
156.231 through 156.239 reserved for future use
156.240 Arrangement of industrial uses
156.241 through 156.249 reserved for future use
156.250 Pre-application meeting; procedure
156.251 Application
156.252 Actions
156.253 PUD agreement
328 tğŭĻ
156.254 Final review and approval
156.255 Documentation required
156.256 Action on final application
156.257 Time limit
156.258 Amendments Î Changes to the PUD plan
156.259 Completion
156.260 Site improvements
156.261 Construction
156.262 Maintenance of common open space
156.263 HomeownersÓ association
Administration
156.300 Performance standards
156.301 through 156.309 reserved for future use
156.310 Variances
156.311 through 156.319 reserved for future use
156.320 Conditional uses
156.321 through 156.329 reserved for future use
156.330 Interim use permits
156.331 through 156.349 reserved for future use
156.350 Amendments
156.351 through 156.399 reserved for future use
156.400 Enforcement and violations
156.401 through 156.409 reserved for future use
156.410 Fees and licensing
156.999 Penalty
Cross-reference:
Erosion Control, see Chapter 155
Sign Regulations, see Chapter 156
EditorÓs note:
This chapter, including appendix, was established by Ord. 4, adopted 8-23-2000, and subsequently
amended. Since it was not possible to ascertain at codification which sections were modified by which
ordinances, the amending ordinances are listed as follows: Am. Ord. adopted 1-10-2001; Am. Ord. adopted 6-
27-2001; Am. Ord. adopted 8-22-2001; Am. Ord. adopted 11-14-2001; Am. Ord. adopted 8-14-2002.
Amending Ord. 39 is set forth separately in Chapter 156.
329 tğŭĻ
GENERAL PROVISIONS
§ 156.001 TITLE; PURPOSE.
(A) This chapter shall be known as the City Zoning Ordinance, except herein referred to as this chapter.
(B) It is the purpose of this chapter to:
(1) Protect and promote public health, safety and general welfare;
(2) Protect the natural resources in the city;
(3) Establish land use patterns and development regulations consistent with the city comprehensive
plan;
(4) Prevent overcrowding of land;
(5) Limit congestion and promote safety in the public rights-of-way;
(6) Prevent the premature demand of public services;
(7) Stage development consistent with the efficient provision of public utilities and public services;
(8) Maintain the small-town character and quality of living in the community;
(9) Establish compatibility of land uses in the city to protect existing investments and property
values;
(10) Promote opportunities for cohesive and compatible business development; and
(11) Establish guidelines and regulations to promote housing variety and quality living
environments.
§ 156.002 JURISDICTION.
The geographic jurisdiction of this chapter includes the entire area within the corporate limits of the city.
Land areas which may be added to the city by annexation, merger or other means shall be classified R-1 Rural
Residential until the time that the City Council may rezone the added territory to more appropriate
classification.
330 tğŭĻ
§ 156.003 APPLICATION.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive than
comparable conditions imposed by any other regulation, the regulations which impose the higher standard or
requirements shall prevail.
§ 156.004 SCOPE AND INTERPRETATION.
(A) Scope. No structure or part thereof shall be erected, converted, enlarged, reconstructed, altered or
moved without a permit approved by the city. No structure or land shall be used for any purpose or
altered in any manner that is not in conformity with the provisions of this chapter. Unless otherwise
noted, no structure permitted under this chapter may be inhabited or occupied without a certificate of
occupancy issued by the city.
(B) Relationship to comprehensive plan. Interpretation and enforcement of the provisions of this chapter are
intended to be consistent with the implementation of goals, policies and land use elements of the city
comprehensive plan to the extent practical or required by law. The application of or amendments to this
chapter which are determined to be inconsistent with the comprehensive plan shall require amendments
to the comprehensive plan, this chapter or both.
(C) Minimum requirements. In their interpretation and application, the provisions of this chapter shall be
held to be the minimum requirements for the promotion of the public health, safety and general welfare.
(D) Use not identified. Uses not specifically identified in this chapter as permitted shall be prohibited.
Amendments to this chapter shall be required to allow any use which is not clearly permitted.
(E) Accessory uses. Accessory uses such as off-street loading areas, drainage ponds and other drainage
structures, outside storage, and parking lots are prohibited in any zoning district when the accessory use
is not located on the same lot as the associated principal use.
(F)Deadline for actions. It is the intent of the city to comply with state requirements for timely review and
actions requiring formal approval by the city. Information submissions and applications must be
determined by the city to be complete before a timeline for action is initiated. In the event the city
cannot act upon a request within a 60-day time frame, the Council or Administrator may grant the city
an automatic 60 day extension of time and the administrator will notify an applicant in writing that the
action will be completed within 120 days of the date the application was accepted by the city. In the
event that multiple approvals are involved in any action, such as a site plan review requiring a variance,
conditional use, interim use, or a zoning ordinance amendment requiring a comprehensive plan
amendment, each action shall require a separate, independent timeline for action.
(G) Other ordinances. The city has enacted or may enact other ordinances that may supplement or
supersede this chapter, including but not limited to the subdivision chapter, shoreland ordinance and the
adoption of building codes. Users of this chapter should contact the city to determine whether certain
provisions in this chapter are affected by other chapters or ordinances.
331 tğŭĻ
Cross-reference:
Building Code adopted, see § 150.01
Ord. 2d #8, amended 06/28/2006, Ord. 2d #107, amended 10/28/2020.
§ 156.005 GENERAL INTERPRETATION.
For clarity and consistency in the understanding and application of this chapter, the following shall
apply, in addition to the provisions of § 10.02:
(A) Sentence construction or phraseology in the present tense, and similarly, references in the future tense
may include the present;
(B) The catch lines of the sections of this chapter are intended as mere catchwords to indicate the content of
the section, and shall not be deemed or taken to be titles of the sections, nor be deemed to govern, limit,
modify or in any manner affect the scope, meaning or intent of the provisions of any sections.
§ 156.006 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning. Other words not included in this section shall have the meaning defined in
Minnesota Statutes. Other words not so defined shall have the meaning customarily associated with them.
ABANDONMENT. To cease or discontinue a use or activity without intent to resume, but excluding
temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or
otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
ABUTTING. Having a common border with, or being separated from a common border by a right-of-
way, alley or easement.
ACCESSORY BUILDING. A subordinate building or portion of the principal which is located on the
same lot as the principal structure, the use of which is incidental and accessory to that of the principal
structure.
ACCESSORY USE. A use incidental to and on the same lot as a principal use.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage,
agricultural horticulture, floriculture, viticulture and animal poultry husbandry and the necessary
accessory uses for packing, treating or storing the produce; provided, however, the operation of any
accessory uses shall be secondary to that of normal agricultural activities.
ALLEY. A public or private way permanently reserved as a secondary means of access to abutting
property.
332 tğŭĻ
ALTERATION. Any change, addition or modification in construction or occupancy of an existing
structure.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders; provided, however, the application of any exterior
siding to an existing building for the purpose of beautifying and modernizing shall not be considered a
STRUCTURAL ALTERATION.
ANTENNA. Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices used
for the transmission or reception of electromagnetic waves external to or attached to the exterior of any
building.
APARTMENT. A room or suite of rooms, including bath and kitchen facilities, in a multiple-family
building, designed for occupancy by a single family.
APARTMENT, ACCESSORY. An apartment that is secondary and incidental to a principal use or
building.
AREA IDENTIFICATION SIGN. A freestanding sign which identifies the name of a residential
subdivision, commercial or industrial development.
BASEMENT. A portion of a building located partly underground, having more than 50 percent of its
floor-to-ceiling height below the average grade of the adjoining ground. Split level, split entry and earth
sheltered homes shall be construed to satisfy BASEMENT requirements.
BLOCK. A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad
rights-of-way, shorelines, waterways or corporate boundary lines of the city.
BOARD. The Board of Appeals and Adjustments of the city.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating equipment.
BUILDABLE AREA. The space remaining on a zoning lot after minimum yard and open space
requirements have been met.
BUILDING. Any structure having a roof which may provide shelter or enclosure of persons, animal or
chattel, and when the structure is divided by party walls without openings, each portion of the building
so separated shall be deemed a separate building.
BUILDING COVERAGE. See lot coverage.
BUILDING LINE. The line, parallel to the street line, that passes through the point of the principal
building nearest the front lot line.
333 tğŭĻ
BUILDING, PRINCIPAL. See principal structure.
BUSINESS AREA. Any business activity which renders service to other commercial or industrial
enterprises.
CERTIFICATE OF OCCUPANCY. Issued by the Building Official/Inspector of the city upon
satisfactory final inspection of dwelling unit(s) or commercial building(s).
CLEAR CUTTING. The indiscriminate removal of trees, shrubs or undergrowth with the intention of
preparing real property for nonagricultural development purposes. This definition shall not include the
selective removal of non-native tree and shrub species when the soil is left relatively undisturbed,
removal of dead trees or normal mowing operations.
CLINIC. Any establishment where human patients are examined and treated by doctors or dentists but
not hospitalized overnight.
CLUB. Any establishment operated for social, recreational or educational purposes but open only to
members and not the general public.
CLUSTER HOUSING. The grouping of single-family dwellings within specified areas while
maintaining the same overall allowable density in that same area.
COMMERCIAL USE. An occupation, employment or enterprise that is carried on for profit by the
owner, lessee or licensee.
COMMISSION. The Planning and Zoning Commission of the city.
COMMISSIONER. A member of the Planning and Zoning Commission.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards and maps for guiding
the physical, social and economic development of the city and including a land use plan, a community
facilities plan and a transportation plan which has been prepared and adopted by the city.
CONDITIONAL USE. A use which, because of special problems of control, requires reasonable
limitations peculiar to the use for the protection of the public welfare and the integrity of the
comprehensive plan.
CONDITIONAL USE PERMIT. A permit, issued by the Council, in accordance with procedures
specified in this chapter as a flexibility device to enable the Council to assign dimensions to a proposed
use or conditions surrounding it after consideration of adjacent uses and their functions and the special
problems which the proposed use permits.
CONTRACTORÓS YARD. An area where vehicles, equipment and/or construction materials and
supplies commonly used by building, excavation, roadway construction and similar contractors are
334 tğŭĻ
stored or serviced. The CONTRACTORÓS YARD includes both areas of outdoor storage and areas
confined within a completely enclosed building used in conjunction with a contractorÓs business.
COVERAGE. That portion of a lot covered by principal and accessory use structures.
CUL-DE-SAC. A local street, one end of which is closed and consists of a circular turnaround.
DAYCARE FACILITIES. A state-licensed daycare facility, as defined in M.S. Chapter 462, as may be
amended. FAMILY DAYCARE and GROUP FAMILY DAYCARE daycare facilities as defined in
M.S. Chapter 245A, as may be amended.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other
features, attached or functionally related to a principal use or site.
DENSITY. The number of dwelling units permitted per net acre of land.
DEVELOPMENT. All structures and other modifications of the natural landscape above and below
ground or water, on a particular site.
DISTRICT. See zone.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patronÓs automobile from
which the occupants may receive a service or in which products purchased from the establishment may
be consumed or business conducted in the automobile.
DRIVEWAY. A private access road, the use of which is limited to persons residing, employed, or
otherwise using or visiting the parcel of land on which it is located.
DRIVEWAY, PERMITTED. A driveway that is of the appropriate size, location, and surface as
regulated by this Chapter.
DWELLING. A building or portion thereof that provides living facilities for one or more families.
DWELLING, MULTIPLE. A detached, residential building containing three or more dwelling units,
including what is commonly known as an apartment building, but not including group, row or
townhouses.
DWELLING, SEASONAL. A dwelling not used for permanent residence and not occupied for more
than six months in each year.
DWELLING, SINGLE-FAMILY, ATTACHED (group, row and townhouses). One of two or more
residential buildings having a common or a party wall separating dwelling units.
DWELLING, SINGLE-FAMILY, DETACHED. A residential building containing not more than one
dwelling unit entirely surrounded by open space on the same lot.
335 tğŭĻ
DWELLING, TWO-FAMILY. A building used exclusively for occupancy by two families living
independently of each other.
DWELLING UNIT. One or more rooms physically arranged so as to create an independent
housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking
and sleeping.
EASEMENT. The right of a person, government agency or public utility company to use public or
private land owned by another for a specific purpose.
ESSENTIAL SERVICES. Public and private utilities required by the resident and working population.
FAÇADE. The exterior wall of a building exposed to a public view or that wall viewed by persons not
within the building.
FAMILY. An individual, two or more persons related by blood, marriage or adoption, or a group of not
more than five persons not so related, living together as a single housekeeping unit using common
cooking and kitchen facilities.
FENCE. Any artificially constructed barrier of any material or combination of materials erected to
enclose or screen areas of land. Fence does not include ÐSpecial Privacy Screening.Ñ
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water
from any source.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the 100-year flood without cumulatively increasing the water surface
elevation more than one foot at any point.
FLOODWAY FRINGE. All that land in a floodplain not lying within a delineated floodway. Land
within a FLOODWAY FRINGE is subject to inundation by relatively low velocity flows and shallow
water depths.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or dwelling
unit, measured from the exterior walls or from the centerline of party walls separating buildings,
excluding basements.
FLOOR AREA RATIO. The total floor area on a zoning lot divided by the total site area of the lot or
parcel being developed.
FREESTANDING SIGN. Any sign supported by structures or supports that are permanently anchored
in the ground and that are independent from any building or structure.
336 tğŭĻ
FRONT or FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the
front of the lot, but it shall not be considered as the ordinary sideline of a corner lot.
GARAGE, PRIVATE. Any accessory building or an accessory portion of a principal building designed
or used solely for the storage of motor vehicles, boats and other personal belongings which are owned or
used by the occupants of the building to which it is accessory
GLARE. A sensation of brightness within the visual field that causes annoyance, discomfort or loss in
visual performance and visibility.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within
the area between the building and the property line, or when the property line is more than five feet from
the building, between the building and a line five feet from the building.
HEIGHT OF BUILDING. The vertical distance from the average elevation of the finished grade at the
front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and
to the mean height between eaves and ridge for gable, hip and gambrel roofs.
HOME OCCUPATION. An occupation, profession, activity or use that is clearly a customary,
incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the
property or affect the residential character of the neighborhood.
HOTEL. A building occupied as more or less temporary abiding place of individuals who are lodged
with or without meals for compensation and in which there are more than ten sleeping rooms usually
occupied singly, and in which no provision is made for cooking in any individual apartment.
IMPERVIOUS SURFACE. Any material that substantially reduces or prevents the infiltration of
stormwater into previously undeveloped land. IMPERVIOUS SURFACE shall include graveled
driveways and parking areas.
INDUSTRIAL PARK. A planned, coordinated development of a tract of land with two or more separate
industrial buildings. This development is planned, designed, constructed and managed on an integrated
and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs,
building design and orientation and open space.
JUNK YARD. Land or structures used for the storage or keeping of junk, including scrap metals, or for
the dismantling or wrecking of automobiles or other vehicles or machinery, other than the storage of
materials which is incidental or accessory to any business or industrial use on the same lot.
KENNEL, COMMERCIAL. Any place where four or more domestic animals over the age of six
months are kept, owned, boarded, bred or offered for sale and every COMMERCIAL KENNEL shall be
enclosed or fenced in a manner as to prevent the running at large or escape of the domestic animal(s)
confined therein.
337 tğŭĻ
LIGHT MANUFACTURING. The processing and fabrication of certain materials and products where
no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which
will disturb or endanger neighboring properties.
LOT. A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.
LOT AREA. The area of horizontal plane bounded by the vertical planes through front, side and rear lot
lines.
LOT, CORNER. A lot abutting on and at the intersection of two or more streets.
LOT COVERAGE. Determined by dividing that area of a lot which is occupied or covered by the total
horizontal projected surface of all buildings, including covered porches and accessory buildings, by the
gross area of that lot.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. A line dividing one lot from another lot or from a street or alley.
LOT LINE, FRONT. On an interior lot, the lot line abutting a street; on a corner lot, the lot lines
abutting a street; on a through lot, the lot line abutting the street providing the primary access to the lot;
or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
LOT LINE, REAR. The lot line not intersecting a front lot line that is most distant from and most
closely parallel to the front lot line. A lot bounded by only three lot lines will not have a REAR LOT
LINE.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT, MINIMUM AREA OF. The measurements of a lot computed exclusive of any portion of the
right-of-way of any public thoroughfare.
LOT OF RECORD. A lot which is part of a subdivision or plat, an auditorÓs subdivision or a registered
land survey or a parcel of land not so platted, which has been approved by the city or meets the
following conditions:
(1) Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations
under Laws 1945, Chapter 287, whichever is later, or of the adoption of subdivision regulations
pursuant to a Home Rule Charter;
(2) Was the subject of a written agreement to convey entered into prior to that time;
338 tğŭĻ
(3) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on
January 1, 1966;
(4) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980;
(5) Is a single parcel of commercial or industrial land of not less than five acres and having a width
of not less than 300 feet and its conveyance does not result in the division of the parcel into two
or more lots or parcels, any one of which is less than five acres in area or 300 feet in width;
(6) Is a single parcel of commercial or industrial land of not less than five acres and having a width
of not less than 300 feet and its conveyance does not result in the division of the parcel into two
or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; and
(7) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width
of not less than 500 feet, and its conveyance does not result in the division of the parcel into two
or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.
LOT, SUBSTANDARD. A lot or parcel of land that has less than the required minimum area or width,
as established by the zone in which it is located; provided that the lot or parcel was recorded as a legally
created lot on the effective date of the ordinance codified in this chapter.
LOT, THROUGH. A lot having its front and rear yards each abutting on a street.
LOT WIDTH. The horizontal average distance between side lot lines, measured at the required front
setback line.
MANUFACTURED HOUSING. Single-family detached housing that is built to the National
Manufactured Housing Construction and Safety Standards Act of 1974, and shall include structures
known as manufactured homes or mobile homes.
MINERAL EXTRACTION. The extraction of soil, sand, gravel, rock or other such material from the
land.
MOBILE HOME. A dwelling capable of being transported by the provision of wheels or on a flatbed
truck and contains 200 square feet or more of living space with utility installations, wiring and plumbing
in conformance with local codes.
MOBILE HOME PARK. Any premises which has facilities to accommodate one or more occupied
mobile homes.
MOTOR FUEL STATION. An establishment where gasoline, diesel, kerosene, motor oil and
lubricants are sold or used in servicing motor vehicles and where usual motor vehicle repairs and
services are performed.
339 tğŭĻ
MOTOR VEHICLE. A self-propelled vehicle for personal or business use as defined in M.S. § 169.01,
as amended.
NONCONFORMING STRUCTURE OR USE. A structure or use lawfully in existence on the effective
date of this chapter or any amendment thereto and not conforming to the regulations for the district in
which it is situated.
NURSING HOME or REST HOME. A licensed establishment having accommodations for the
continuous care of five* or more invalid, infirm, aged convalescent patients or disabled persons that are
nonrelated, and holding a state issued license for facilities subject to M.S. Section 144A.01, Subd. 5, as
amended.
OCCUPANCY PERMIT. Permission received by the city to use/occupy a premises.
OPEN SPACE. Any unoccupied land space open to the sky.
ORDAINED. To order by virtue of established authority.
ORDINARY HIGH WATER LINE (OHWL). A line delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes from predominantly aquatic to
terrestrial.
PERFORMANCE STANDARD. A criterion established to control appearance, noise, odor, toxic or
noxious matter, vibration, fire and explosive hazards, glare, heat, waste and other potential impacts
generated by or inherent in uses of land or buildings.
PET SHOP. Any establishment engaged in the business of breeding, buying, selling or boarding
animals of any species.
PLANNED UNIT DEVELOPMENT. A tract of land, which will contain two or more principal
structures, developed under unified ownership or control, the development of which may be unique and
of a substantially different character than that of the surrounding area.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Chapter 505
and containing all elements and requirements set forth in applicable local regulations adopted pursuant
to M.S. § 462.358 and Chapter 505, as they may be amended from time to time.
PRINCIPAL USE or PRINCIPAL STRUCTURE. The main use to which the premises are devoted
and the purpose for which the premises exist.
PRIVATE PROPERTY. Any real property within the city which is privately owned and which is not a
public property as defined in this section.
PUBLIC BUILDING. Any building or structure owned or leased by the city.
340 tğŭĻ
PUBLIC HEARING. An official public meeting, which notice has been published in the official
newspaper.
PUBLIC PARK. Any real property owned or leased by the city.
PUBLIC PROPERTY. Any street or highway that includes the entire width between the boundary lines
of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other
publicly owned property or facility.
RECREATIONAL USE. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds,
boat-launch ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and
horseback riding trails.
RECREATIONAL VEHICLES. A mobile vehicle, including boats, used for recreational purposes
capable of being towed or being self-propelled.
RESIDENTIAL CARE. State-licensed care, defined by M.S. Section 254.02, Subd. 14, as amended.
RESIDENTIAL CARE FOR JUVENILE SEX OFFENDERS. State-licensed care performed in a
residential facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses.
RESIDENTIAL FACILITY. A state-licensed residential facility, defined by M.S. Chapter 462, as
amended, serving six or fewer persons, in a single-family residential district and no more than 16
persons in a multiple-family residential district.
RETAIL FUEL SALES. An establishment offering the retail sale of fuel and lubricants for motor
vehicles. Motor vehicle service and repairs are not permitted on the premises. In a district where
allowed, a car wash may be an accessory use to retail fuel sales when permitted as a conditional use.
RIGHT-OF-WAY. A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that are formally dedicated to that usage.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service
that is ordinarily open to some persons outside the regular constituency of the organization.
SETBACK. The minimum horizontal distance between a lot line and a building line or use.
SEWER SYSTEM. Pipelines or conduits, pumping stations, forcemain, and all other construction
devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a
point of ultimate disposal.
341 tğŭĻ
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a
line parallel to it at a setback of 50 percent of the structure setback.
SIGN. See Chapter 152 of this code of ordinances.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that
meets the criteria for eligibility to the National Register of Historic Places or is listed in the State
Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of
M.S. § 307.08, as amended. A historic site meets these criteria if it is presently listed on either register
or if it is determined to meet the qualifications for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are
automatically considered to be SIGNIFICANT HISTORIC SITES.
SPECIALIZED CARE FACILITY. A state-licensed care facility which is not otherwise specifically
defined or regulated elsewhere in this chapter.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or
described as poorly suited due to slope steepness and the siteÓs soil characteristics, as mapped and
described in available county soil surveys or other technical reports, unless appropriate design and
construction techniques and farming practices are used in accordance with the provisions of this chapter.
Where specific information is not available, STEEP SLOPES are land having average slopes over 12%,
as measured over horizontal distances of 50 feet or more.
STORY. That portion of a building included between the surface of any floor and the surface of the next
floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above
it.
STORY-HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which,
on at least two opposite exterior walls, are not more than two feet above the floor of the story.
STREET ACCESS. A public thoroughfare which affords the principal means of abutting land.
STREET LINE. The legal line of demarcation between a street and abutting land.
STRUCTURAL ALTERATION. Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders; provided, however, the application of any exterior
siding to an existing building for the purpose of beautifying and modernizing shall not be considered a
STRUCTURAL ALTERATION.
STRUCTURE. Anything constructed or erected, the use of which requires a location on the ground or
attached to something having a location on the ground, or an attachment to something having a fixed
location on the ground; including, in addition to buildings, billboards, carports, porches, decks and other
building features, but not including sidewalks, drives, swing sets, enclosed play structures under 50
square feet, fences and patios.
342 tğŭĻ
SUBDIVISION. See subdivision chapter.
SUPPLY YARD. A commercial establishment storing or offering for sale building supplies, steel
supplies, coal, heavy equipment, feed and grain and similar goods. SUPPLY YARDS do not include the
wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
TOWNHOUSE. Single-family, attached units in structures housing three or more continuous dwelling
units, sharing a common wall, each having separate and individual front and rear entrances; the
structures being as of a row house type as distinguished from multiple-dwelling apartment buildings.
TRAVEL TRAILERS. A mobile vehicle with wheels, designed for overnight living or camping
purposes, capable of being towed by a motor vehicle.
UNIT-MOBILE HOME PARK. A section of ground in a mobile home park of not less than 7,500
square feet of unoccupied space in an area designated as the location for one mobile home, off-street
parking space for two automobiles and other uses considered pertinent to the establishment and use of a
mobile home residence as permitted by this chapter.
USABLE OPEN SPACE. A ground area on a lot, which is graded, developed, landscaped or equipped
or intended and maintained for recreation or leisure, available to and usable by persons occupying a
dwelling unit and their guests.
USE, PERMITTED. A use that is permitted in the district under which it is listed.
VARIANCE. The waiving by Board action of the literal provisions of the zoning chapter in instances
where their strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration.
VEHICLE. Any vehicle which is self-propelled or designed to be pushed or pulled and shall include
but not be limited to automobiles, busses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-
carts, golf carts, campers, trailers, boats, planes and gliders.
VEHICLE, ABANDONED. Any vehicle as defined in this section, which does not have lawfully
affixed or attached thereto an unexpired state registration or license plate or plates, or the condition of
which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for
the diagnosis and treatment of diseases and injuries of animals. Does not include boarding animals that
are not being treated for disease or injury.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above-ground building
or other improvement except stairways, fences, docks and retaining walls which, because of the
relationship of its use to a surface water feature, reasonably needs to be located closer to public waters
than the normal structure setback. Examples of these structures and facilities include boathouses,
gazebos, screen houses, fish houses, pump houses and detached decks.
343 tğŭĻ
WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually
at or near the surface or the land or is covered by shallow water. For purposes of this definition,
WETLANDS must have the following three characteristics:
(1) Predominance of hydric soils;
(2) Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support a prevalence of hydrophilic vegetation typically adapted for life in saturated soil
conditions; and
(3) Under normal circumstances support a prevalence of that vegetation.
YARD. A required open space on a lot which is unoccupied and unobstructed from the ground upward,
except as otherwise provided for herein. The measurement of a YARD shall be construed as the
minimum horizontal distance between the lot line and the building line.
YARD, FRONT. A yard extending across the full width of the front lot between side lot lines and
extending from the front property line to the depth required in the yard regulations of the district in
which the lot is located. On a corner lot, both street frontages shall be considered the front.
YARD, REAR. The portion of the yard on the same lot with the principal building located between the
rear line of the building and the rear lot line and extending for the full width of the lot.
YARD, SIDE. A yard between the sideline of the lot and the nearest line of the building and extending
from the front yard to the rear yard.
ZONING DISTRICT. An area or areas for which the regulations and requirements governing use, lot
and bulk of buildings and premises are uniform.
Ord. 25, adopted 10/13/1976; Ord. 2d #5, amended 05/10/2006; Ord. 2d #35, amended 05/26/2010, Ord. 2d
#58, amended 10/10/2012, Ord. 2d #XX, amended 08/28/2013, Ord. 2d #105, amended 05/27/2020, Ord. 2d
#106, amended 09/01/2020.
§§ 156.007-156.14 RESERVED FOR FUTURE USE
DISTRICTS AND USE REGULATIONS
§ 156.015 GENERAL PROVISIONS
(A) Zoning map. A map entitled Centerville Zoning Map is hereby adopted by reference and declared to be
part of this chapter as the official zoning map. This map shall be on permanent file and available for
344 tğŭĻ
public inspection in the City Hall. It shall be the responsibility of the Administrator to maintain and
keep the map up to date and to record each amendment thereto within 30 days after official publication
of the ordinance adopting the amendment.
(B) Interpretation of the zoning map. Where due to the scale, lack of detail or illegibility of the zoning map
attached hereto, there is an uncertainty, contradiction or conflict as to the intended location of any
zoning district boundary as shown thereon, the Zoning Administrator shall make an interpretation of the
map upon the request of any person. Any person aggrieved by the interpretation may appeal the
interpretation to the Board of Appeals and Adjustments. The Board of Appeals and Adjustments, in
interpreting the zoning map or deciding any appeal, shall apply to the following standards:
(1) Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular
thereto, or along the centerlines of streets, rights-of-way or watercourses, unless the boundary
lines are fixed by dimensions shown on the zoning map;
(2) Where zoning district boundary lines are so indicated that they approximately follow lot lines,
the lot lines shall be construed to be the boundary lines;
(3) Where a zoning district boundary line divides a lot, the location of any zoning district boundary
line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of
the map scale shown thereon; and
(4) If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a
zoning district boundary line, the boundary line shall be determined in a reasonable manner,
considering the history of uses of the property and the history of zoning ordinances and
amendments in the city as well as other relevant facts.
(C) Establishment of districts. For the purpose of this chapter, the city is hereby divided into the following
zoning districts:
(1) R-1 Rural Residential;
(2) R-2A High-Density Single-Family Residential;
(3) R-2 Single-Family Residential;
(4) R-4 Single-Family Manufactured Housing;
(5) R-5 Single-Family Residential - Estate;
(6) B-1 Commercial;
(7) B-2 Main Street Commercial
(8) I-1 Industrial Park;
(9) P-1 Public/Institutional;
(10) M-1 Mixed Use; and
(11) M-2 Mixed Use Neighborhood District.
Ord. 2d #97, amended 05/23/2019.
345 tğŭĻ
§ 156.016 RURAL RESIDENTIAL DISTRICT (R-1).
(A) Purpose. The purpose of the R-1 District is to allow agricultural activities and nonsewered residential
dwellings as interim uses of the land. The city has limited vacant land for development and all land in
the city is planned for eventual urban uses. Because of the limited duration anticipated for agricultural
uses in the city and the incompatibilities which often exist between agricultural and nonagricultural uses,
permitted uses in the R-1 District will not reflect intensive commercial agricultural uses.
(B) Permitted uses. See Table 156-A.1.
(C) Special requirements. Agricultural uses are permitted in the R-1 District subject to the following
requirements:
(1) Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not
be located within 300 feet of a neighboring property; and
(2) Accessory farm buildings shall not be erected within 100 feet of a neighboring property.
Ord. 2d #58, amended 10/10/2012
§ 156.017 HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2A).
(A) Purpose. It is intended that the R-2A District provide for higher-density single-family detached,
attached and multiple-dwelling opportunities in areas where public utilities are available and required
for service. The design and circulation of new residential areas are also intended to be complementary
with and enhance the communityÓs small-town atmosphere.
(B) Permitted uses and structures. See Table 156-A.1
(C) Conditional uses. See Table 156-A.1
Ord. 2d #58, amended 10/10/2012
§ 156.018 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2).
(A) Purpose. It is intended that the R-2 District provide for lower-density traditional single-family detached
dwelling opportunities in areas where public utilities are available and required for service. The design
and circulation of new residential areas are also intended to be complementary with and enhance the
communityÓs small-town atmosphere.
(B) Permitted uses and structures. See Table 156-A.
Ord. 2d #58, amended 10/10/2012
346 tğŭĻ
§ 156.019 SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT (R-4).
(A) Purpose. It is intended that the R-4 District provide for high-density single-family, detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complementary with and enhance the
communityÓs small-town atmosphere.
(B) Permitted uses and structures. See Table 156-A.
(C) Special requirements. Manufactured homes are permitted in all residential districts if they meet the
design criteria for those districts. All other manufactured homes shall be located only in designated
manufactured home districts which meet the requirements of this chapter. The general intent of this
district is to provide for manufactured housing in subdivided developments, in safe, attractive residential
neighborhoods with all urban services and desired amenities as other residential areas
(1) Manufactured homes shall not be parked on any public street or on any tract of land except as
provided in this section. Emergency or temporary stopping or parking is permitted on a public
street for not longer than three hours subject to any other and further prohibitions, regulations or
limitations imposed by the traffic and parking regulations or ordinances for that public street.
(2) No more than one manufactured home may be located on any single parcel of land.
(3) The manufactured home bottom shall be constructed on a continuous perimeter footing and
foundation meeting the requirements of the Building Code for residential structures.
(D) Planned Unit Development Required. No person shall erect, establish, extend or enlarge a manufactured
housing development, park, or cooperative within the limits of the city without first obtaining approval
as a planned unit development from the City Council upon receipt of the recommendation of the
Planning and Zoning Commission. Approval shall be granted only upon compliance with all the
following:
(1) Compliance with all other terms of this zoning chapter;
(2) Compliance with all the terms of Chapter 153; and
(3) The proposed development must be located in the cityÓs urban service area as shown in the
comprehensive development plan, and all manufactured homes must be individually served by
public utilities as required for all new residential dwellings.
Ord. 2d #58, amended 10/10/2012
347 tğŭĻ
§ 156.020 SINGLE-FAMILY RESIDENTIAL - ESTATE DISTRICT (R-5).
(A) Purpose. It is intended that the R-5 District provide for low-density traditional single-family residential
where public utilities are available and required for service. The design and circulation of new
residential areas are also intended to be complementary with and enhance the communityÓs small-town
atmosphere.
(B) Permitted uses. See Table 156-A.
Ord. 2d #58, amended 10/10/2012
§ 156.021 HIGH-DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT (R-3).
(A) Purpose. It is intended that the R-3 District provide for higher-density residential district where a
variety of dwelling types are permitted, provided the overall density of the property meets the district
goal of 12 units per acre. The design and circulation of new residential areas are also intended to be
complementary with and enhance the communityÓs small-town atmosphere. All development within this
district shall be submitted for consideration through the Planned Unit Development process. A site
submitted for Planned Unit Development in this district shall be a minimum of two acres.
(B) Permitted uses and structures. See Table 156-A.1.
(C) Special Requirements.
(1) Existing uses that are not in conformance with this section may not be expanded, but may
continue as nonconforming uses. These nonconforming uses may be repaired and maintained and
are allowed minor improvements that do not expand the use.
(2) In making decisions about land use compatibility and dimensional criteria for uses and
structures, the City shall have broad discretion to protect the public health, safety and welfare;
and to protect the integrity of surrounding residential neighborhoods. Development or
redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit
Development.
(3) RESIDENTIAL CARE FOR JUVENILE SEX OFFENDERS. The City finds that this use is
appropriate for the R-3 district, but determines that in order to protect the safety of children and
other vulnerable persons, this use should be located away from places that children and other
vulnerable persons frequently are present. Such are may only be performed at a location no less
than 1500 feet from any bike path or trail, bus stop, school, day care, nursing home, residential
facility serving children or vulnerable persons, public park, recreational use facility, or other
public or private place where children or vulnerable persons would normally frequent or
congregate.
(4) No development in this district is permitted without city water and sanitary service.
348 tğŭĻ
(5) Appendix A, ÐDistrict Regulations Lot and Yard RequirementsÑ is hereby amended to include
requirements that shall apply to this district.
Ord. 2d, #45, Added 02/02/2010, Ord. 2d #37, amended 09/22/2010, Ord. 2d #58, amended 10/10/2012
§ 156.022 THROUGH 156.029 RESERVED FOR FUTURE USE.
§ 156.030 COMMERCIAL DISTRICT (B-1).
(A) Purpose. It is intended that the B-1 District provide opportunities for retail and service business uses
which require larger development sites, highway visibility or highway access.
(B) General minimum requirements. The following minimum requirements, as set forth, shall apply to all
buildings that may be erected, converted or structurally altered in the B-1 District.
(C) Off-street parking. Off-street parking shall be provided as required in this chapter.
(D) Buffer zone between commercial and residential districts. Where a commercial district abuts a
residential district, any new development shall include a buffer zone. There shall be a protective strip of
not less than ten feet in width. This protective strip shall contain no structures, shall not be used for
parking, off-street loading or storage, and shall be landscaped. The landscape treatment shall include a
compact screen wall or fence, but shall not extend within 15 feet of the street right-of-way. The planting
or fence design must be approved by the site plan review process. The site plan review process requires
review by the Planning and Zoning Committee and the City Council, as set forth in this chapter.
(E) Screening requirements. If the City Council requires any type of screening as a condition for a variance,
conditional use, or interim use permit, the applicant shall comply with the following conditions:
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within one year from the date
of the building permit, subject to extension by the City Council; and
(3) The screening shall be maintained after completion.
(F) Landscaping. A minimum of ten percent of any lot shall be green space. Three percent of the surface
area of the land within a parking area shall be landscaped with grass and shrubbery or other approved
ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous
basis. Green areas within abutting street rights-of-way will also be maintained by the property owner.
Other requirements are set forth in this chapter.
349 tğŭĻ
(G) Accessory Structures. Garages, accessory structures, screen walls, buildings and exposed areas of
retaining walls shall be of similar type, quality and appearance as the principal structure. The height of
an accessory structure shall not exceed the height of the principal structure.
(H) Permitted encroachments. The following shall not be considered as encroachments on setbacks subject
to other conditions within this chapter: off-street parking spaces, flues, belt course, leaders, sills, pilaster,
lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies,
steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as
hereinafter amended.
(I)Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a street intersection.
The distances shall be measured along the property line from the corner right-of-way and county
line.
(2) Access drive onto county roads shall require a review by the City Engineer. This review shall be
measured along the property line from the corner right-of-way and county line.
(J) Refuse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be
out of view from the street. In no event shall containers or their enclosures be placed or
maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(K) Permitted uses. See Table 156-A.1.
(1) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as
determined by the Planning and Zoning Commission, provided these uses are not explicitly
mentioned as permitted or conditional uses elsewhere in this Chapter.
(2) Automobile and motorized equipment sales (Indoors), excluding salvage operations, provided;
(a) Automobiles and merchandise are stored, and business transactions are conducted
exclusively indoors.
(b) No repair assembly, disassembly, or maintenance of vehicles shall occur on site except
minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles
that are inoperable or are missing body parts shall be stored inside a building.
(L)Conditional uses.
(1) Automobile and motorized equipment sales (Outdoors), excluding salvage operations, provided;
350 tğŭĻ
(a) the outside sales lot shall not be larger in square footage than one and one-half times the
square footage of the building devoted to the related business.
(b) the sales lot used to park vehicles to be sold shall be separate and distinct from the area of
the premises used to park vehicles necessary to satisfy the minimum parking required by
this Code. No repair assembly, disassembly, or maintenance of vehicles shall occur on
site except minor maintenance including tire inflation, adding oil and wiper replacement.
Vehicles that are inoperable or are missing body parts shall be stored inside a building.
(2) Automobile and motorized equipment service, excluding salvage operation, provided all repair,
assembly, disassembly, or maintenance of vehicles shall occur within a closed building except
minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles that are
inoperable or missing body parts shall be stored inside a building. or in a properly screened area,
provide however that vehicles which are inoperable, missing body parts, or are unlicensed may
not be stored outside a building longer than 90 days.
(3) Automobile and motorized equipment service, excluding salvage operation, as accessory to a gas
station, provided all repair, assembly, disassembly, or maintenance of vehicles shall occur within
a closed building except minor maintenance including tire inflation, adding oil and wiper
replacement. Vehicles that are inoperable or missing body parts shall be stored inside a building.
or in a properly screened area, provide however that vehicles which are inoperable, missing body
parts, or are unlicensed may not be stored outside a building longer than 90 days.
(4) Building supply sales and storage yards;
(a) the outside equipment and inventory storage lot shall not be larger in square footage than
one and one-half times the square footage of the building devoted to the related business.
(5) Commercial schools and cultural centers;
(6) Commercial recreation;
(7) Farm/lawn implements sales and service;
(a) the outside equipment storage lot shall not be larger in square footage than one and one-
half times the square footage of the building devoted to the related business.
(b) all repair assembly, disassembly, or maintenance of vehicles and implements shall occur
within a closed building except minor maintenance including tire inflation, adding oil,
and wiper replacement. Vehicles that are inoperable or are missing body parts shall be
stored inside a building.
(8) Funeral homes and mortuaries (excluding crematoriums);
351 tğŭĻ
(9) Outdoor retail sales and service, excluding adult-oriented businesses:
(10) Veterinary clinics;
(11) Machine and repair shops, provided all storage materials and equipment shall be completely
within an enclosed building;
(12) Mini-storage; and,
(13) Car Wash, as an accessory to Retail Fuel Sales.
(M) Commercial exterior building materials.
(1) Except as otherwise regulated herein, the exterior wall surfaces of all new or expanded
commercial buildings shall consist of face brick, finished block or other textured masonry
product approved by the Planning and Zoning Commission.
(2) Exceptions to all masonry exteriors may be considered and approved by the Planning and Zoning
Commission provided the following findings are met:
(a) The combination of exterior materials is used as an architectural complement to the
structure;
(b) The combination of exterior materials used is not inconsistent with the quality and
appearance used on similar buildings in the same zoning district or neighborhood;
(c) Site conditions limit public exposure to certain exterior surfaces where masonry products
are not proposed; and
(d) An exterior wall may be temporary and a future expansion area of a structure and be
subject to removal or redesign as an interior wall.
(3) Buildings are required to have contrasting architectural features and must be designed to be
aesthetically pleasing.
(N) Interim uses in B-1 District.
(1) Industrial uses that existed on a site in the I-1 Industrial district as a legal, fully conforming use
prior to the site being rezoned from I-1 to B-1, may continue and be expanded on that site as if
located in an I-1 District until the use is changed to a use that is permitted in this district. After it
is changed to a use permitted the B-1 district, it may not thereafter be used except as permitted in
this district. Where the proposed change from I-1 to B-1 has been initiated by the City, the
Planning and Zoning Commission shall simultaneously with making such zoning change,
determine whether such parcel is a fully conforming industrial use qualifying for interim use
status. Where a positive determination is made, the action shall be filed with the Anoka County
352 tğŭĻ
Recorder.
Ord. 2d, #37, Amended 09/22/2010, Ord. 2d, #40. Amended 12/22/2010, Ord. 2d # 46, amended 03/23/2011,
Ord. 2d # 56, amended 05/09/2012, Ord. 2d #97, amended 05/23/2019.
Cross-reference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard Requirements
Requirements and Table 156-A.1 District Allowed Uses
Signs, see Chapter 152
§ 156.031 MAIN STREET COMMERCIAL DISTRICT (B-2)
(A) Purpose. It is the intended purpose of the B-2 District to provide opportunities for attractive retail and
service business uses along CentervilleÓs Main Street appropriate for a high visibility community
commercial corridor.
(B) Minimum development requirements. The minimum requirements set forth for the B-1 District in this
Chapter in Section 156.030 (C), (D), (E), (F), (G), (H), (I), (J), and (M), shall also apply to all buildings
that may be erected, converted or structurally altered in the B-2 District.
(C) Permitted uses. See Table 156-A.1.
(1) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as
determined by the Planning and Zoning Commission, provided these uses are not explicitly
mentioned as permitted or conditional uses elsewhere in this Chapter.
(2) Automobile and motorized equipment sales (Indoors), excluding salvage operations, provided;
(a) Automobiles and merchandise are stored, and business transactions are conducted
exclusively indoors.
(b) No repair assembly, disassembly, or maintenance of vehicles shall occur on site except
minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles
that are inoperable or are missing body parts shall be stored inside a building.
(D) Conditional uses.
(1) Automobile and motorized equipment sales (Outdoors), excluding salvage operations, provided:
(a) the outside sales lot shall not be larger in square footage than one and one-half times
the square footage of the building devoted to the related business.
(b) the sales lot used to park vehicles to be sold shall be separate and distinct from the area
of the premises used to park vehicles necessary to satisfy the minimum parking
required by this Code. No repair assembly, disassembly, or maintenance of vehicles
353 tğŭĻ
shall occur on site except minor maintenance including tire inflation, adding oil and
wiper replacement. Vehicles that are inoperable or are missing body parts shall be
stored inside a building.
(2) Automobile and motorized equipment service, excluding salvage operation, as accessory to a gas
station, provided all repair, assembly, disassembly, or maintenance of vehicles shall occur within
a closed building except minor maintenance including tire inflation, adding oil and wiper
replacement. Vehicles that are inoperable or missing body parts shall be stored inside a building.
or in a properly screened area, provide however that vehicles which are inoperable, missing body
parts, or are unlicensed may not be stored outside a building longer than 90 days.
(3) Building supply sales, provided all sales and storage of materials and equipment shall be
completely within an enclosed building.
(4) Commercial schools and cultural centers;
(5) Commercial recreation;
(6) Funeral homes and mortuaries (excluding crematoriums);
(7) Hospitals;
(8) Outdoor retail sales and service, excluding adult-oriented businesses;
(9) Licensed Day Care Serving 17 or more persons;
(10) Car Wash, as an accessory to Retail Fuel Sales
Ord. 2d #97, amended 05/23/2019, Ord. 2d #108, amended 11/13/2020.
Cross-reference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard Requirements
Requirements and Table 156-A.1 District Allowed Uses
Signs, see Chapter 152
§§ 156.032 THROUGH 156.039 RESERVED FOR FUTURE USE.
§ 156.040 INDUSTRIAL DISTRICT (I-1).
(A) Purpose. It is intended that the I-1 District provide opportunities for light manufacturing and industrial
uses, trade businesses, machine shops and other more extensive land uses.
354 tğŭĻ
(B) General minimum requirements. The following minimum requirements, as set forth herein, shall apply
to all buildings that may be erected, converted or structurally altered in industrial districts.
(C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District Regulations Lot and Yard
Requirements. In addition, side yards facing streets on corner lots shall be considered the same as front
yards. Where a front yard or side yard of a corner lot faces a residential district across a street, the
setback from the street shall be not less than 60 feet.
(D) Off-street parking. Off-street parking shall be provided as required by this chapter. All open street
parking areas having more than six parking spaces shall be effectively screened by a wall, fence of
acceptable design or compact hedge along all sides which adjoin or are directly across the street from
the property in a residential zone or institutional use. The wall, fence or hedge shall be maintained in
good condition. Plans for fencing shall be approved by the City Council. The fence shall not be used for
advertising purposes.
(E) Buffer zone between industrial and residential districts. Where the side yard of any industrial district
abuts a residential district, the minimum side yard setback shall be 60 feet. Parking of vehicles will be
permitted within 40 feet of the side yard line. All side yard areas not utilized for parking shall be
landscaped with screening provided along the side lot line to within 15 feet of any public right-of-way.
(F)Screening requirements. If the City Council requires any type of screening as a condition for a variance
or, conditional use, or interim use the applicant shall comply with the following conditions:
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within one year from the date
of building permit, subject to extension by the City Council;
(3) The screening shall be maintained after completion; and
(4) A dollar amount of one and one-half times the estimated cost of planting and construction of the
screening shall be filed with the city in the form of a cash escrow or letter of credit. The cash
escrow or letter of credit amount shall be forfeited to the city if any provisions of this section are
violated.
(G) Landscaping. A minimum of ten percent of any lot shall be green space. Three percent of the surface
area of the land within a parking area shall be landscaped with grass and shrubbery or other approved
ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous
basis. Green areas within abutting street rights-of-way will also be maintained by the property owner.
Additional landscaping regulations are set forth in § 156.178.
(H) Accessory structures. Garages, accessory structures, screen walls and exposed areas of retaining walls
shall be of similar type, quality and appearance as the principal structure. Accessory structures shall
comply with other requirements of this chapter.
355 tğŭĻ
(I)Permitted encroachments. The following shall not be considered as encroachments on setbacks subject
to other conditions within this chapter: off-street parking spaces, flues, belt course, leaders, sills, pilaster,
lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies,
steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as
hereinafter amended.
(J) Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a street intersection.
This distance shall be measured along the property line from the corner right-of-way line.
(2) Access drives onto county roads shall require a review by the City Engineer.
(K) Refuse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be
out of view from the street. In no event shall containers or their enclosures be placed or
maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(L) Loading facilities. Loading facilities shall be on the side of rear yards. When adjacent to and/or visible
from any public street, the facilities must be adequately screened.
(M) Storage. For the purpose of this zoning district, car, vans and pickup trucks parked outside and
used by employees and/or visitors in the normal course of the business operation will not be construed to
be outdoor storage. Further, outside parked trucks and semi-trailers used in the normal business
commerce will not be construed to be outdoor storage:
(1) Provided that the total number of trucks and semi-trailers does not exceed the number of docks
and/or bay doors; and
(2) This use is not construed as an operation listed as a conditional use in any industrial zone.
(N) Permitted uses. See Table 156-A.1.
(1) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as
determined by the Planning and Zoning Commission, provided these uses are not explicitly
mentioned as permitted or conditional uses elsewhere in this Chapter.
(O) Conditional uses. See Table 156-A.1.
(P)Industrial exterior building materials. Industrial buildings are required to be constructed of brick,
decorative block or approved textured masonry product. Pole barn type buildings are not allowed.
356 tğŭĻ
Buildings are required to have contrasting architectural features and must be designed to be aesthetically
pleasing.
Cross-reference:
Signs, see Chapter 152
Adult business licensing, see Chapter 110
Ord. 2d, #40. Amended 12/22/2010, Ord. 2d #58 amended 10/10/2012
§§ 156.041 THROUGH 156.049 RESERVED FOR FUTURE USE.
§ 156.050 PUBLIC/INSTITUTIONAL DISTRICT (P-1).
(A) Purpose. It is intended that the P-1 District provide opportunities for government facilities, schools,
churches, hospitals, libraries and other similar public and institutional uses.
(B) Permitted uses.
(1) Government buildings, structures, facilities, utilities, rights-of-way, easements, parks, open
spaces and vacant land; and
(2) Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health
facilities.
Ord. 2d #58, amended 10/10/2012
§ 156.051 MIXED USE DISTRICT (M-1).
(A) Purpose. It is intended that the M-1 District implement the "Master Plan and Development Guidelines
for Downtown Centerville," adopted by the City Council on January 11, 2006 (the "Redevelopment
Plan"), and provide for the unique layout and character of a traditional central business district with
retail, professional office, accessory residential and other mixed uses. The M-1 District correlates to the
ÐMixed Use CorridorsÑ in the Redevelopment Plan.
(B) Permitted uses. See Table 156-A.1.
(1) Residential uses with a density between 12 and 30 units per acre.
(2) Retail uses must occupy the first floor of all buildings.
(C) Special requirements. The following special requirements are intended to implement the Redevelopment
Plan, which is incorporated herein by reference.
357 tğŭĻ
(1) Existing uses that are not in conformance with this section may not be expanded, but may
continue as nonconforming uses. Additions to a nonconforming single-family residential
structure may be allowed, provided the square footage of the main floor of the home is not
increased by more than 33% from that which existed on January 11, 2006. Also, accessory
buildings or uncovered decks and porches may be constructed in conjunction with
nonconforming single-family uses, provided they meet all of the conditions, including setbacks,
as required in the R-2 Single Family District. (Ord. 2d #36, amended 7/14/2010)
(2) In making decisions about land use compatibility and dimensional criteria for uses and
structures, the City shall have broad discretion to protect the public health, safety and welfare;
and to protect the integrity of the M-l District and surrounding residential neighborhoods.
Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit
Development.
(3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but
rather planned side streets and alleys must be used for such access.
(4) The architectural design and exterior building materials used in connection with any new or
expanded use or structure shall be consistent with any architectural design or aesthetic control
requirements established by the Redevelopment Plan. The city will engage the services of a
consultant architect to assist with the review. The cost of such services may be charged to the
applicant.
Ord. 2d, #3. amended 05/10/2006, Ord. 2d #58, amended 10/10/2012; Ord. 2d #101, amended 11/13/2019.
§ 156.052 MIXED USE NEIGHBORHOOD DISTRICT (M-2).
(A) Purpose. It is intended that the M-2 District implement the ÐMaster Plan and Development Guidelines
for Downtown Centerville,Ñ adopted by the City Council on January 11, 2006 (ÐThe Redevelopment
PlanÑ), and provide for higher density residential uses and accessory retain and office uses to
complement the adjoining M-1 District and existing neighborhoods. The M-2 District correlates to the
ÐDowntown NeighborhoodÑ designation in the Redevelopment Plan.
(B) Permitted Uses. See Table 156-A.1
(1) Residential uses with a density between 12 and 30 units per acre.
(2) Ground level retail or offices.
(C) Special Requirements. The following special requirements are intended to implement the
Redevelopment plan, which is incorporated herein by reference.
358 tğŭĻ
(1)Existing uses that are not in conformance with this section may not be expanded, but may
continue as nonconforming uses. Additions to a nonconforming single-family residential
structure may be allowed, provided the square footage of the main floor of the home is not
increased by more than 33% from that which existed on January 11, 2006. Also, accessory
buildings or uncovered decks and porches may be constructed in conjunction with
nonconforming single-family uses, provided they meet all of the conditions, including setbacks,
as required in the R-2 Single Family District.
(2) In making decisions about land use compatibility and dimensional criteria for uses and
structures, the City shall have broad discretion to protect the public health, safety and welfare;
and to protect the integrity of the M-2 District, adjacent M-1 District and surrounding residential
neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as
a Planned Unit Development.
(3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but
rather planned side streets and alleys must be used for such access.
(4) The Redevelopment Plan establishes a shared parking plan. Applicants for permits shall indicate
how they will conform to the parking plan, including potential dedication of property for shared
parking or public parking lots. The city shall have broad discretion in determining whether to
accept ownership and maintenance of shared parking facilities. Maintenance of public parking
and other public facilities may be accomplished through creation of a Downtown Service District
and may include maintenance assessments or user fees.
(5) The architectural design and exterior building materials used in connection with any new or
expanded use or structure shall be consistent with any architectural design or aesthetic control
requirements established by the Redevelopment Plan. The City will engage the services of a
consultant architect to assist with the review. The cost of such services may be charged to the
applicant.
Ord. 2d #3, adopted 05/10/2006, Ord. 2d #36 amended 07/14/2010, Ord. 2d #58 amended 10/10/201, Ord. 2d
#101, amended 11/13/2019.
§§ 156.052 THROUGH 156.099 RESERVED FOR FUTURE USE.
GENERAL REGULATIONS
§ 156.100 LOT PROVISIONS.
(A) No lot of record shall be reduced in size below the district requirements in Table One of Appendix A to
this chapter.
359 tğŭĻ
(1) Table One shall state all setbacks that are specifically set forth by a provision of this Code,
otherwise all setbacks which are not defined by this Code are governed by the Building Code.
(2) The minimum ground floor size of any residential building shall either no less than 1,650
finished square feet unless the total finished square feet of the structure is equal to or in excess of
a minimum of 1,650 finished square feet, in such a case the minimum ground floor square
footage stated in Table One may be used. The calculation of ground floor size shall be as of the
time when the building permit is issued.
(B) An existing lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are
less than those required for the district, provided as follows:
(1) Evidence must be presented that the lot in question met minimum requirements for the division
of property under ordinance regulations in effect at the time of the division of property;
(2) It fronts on a public street; and
(3) The lot is within 70 percent of the minimum lot area and lot width required.
(C) If two or more lots are in single ownership and if all or part of the lots do not meet the width and area
requirements of this chapter, the contiguous lots shall be considered to be an undivided parcel for the
purpose of this chapter.
Cross-reference:
Lot provisions for subdivisions, see § 153.19
§ 156.101 NONCONFORMING USES AND STRUCTURES.
Any structure or use existing upon the effective date of the adoption of this chapter which does not
conform to the provisions of this chapter may be continued, subject to the following conditions:
(A) The nonconforming use is not expanded or enlarged, except in conformity with the provisions of this
chapter;
(B) If a nonconforming use is discontinued or a nonconforming structure is abandoned for a period of 12
months, further use of the structure or property must conform to this chapter;
(C) If a nonconforming use is replaced by another use, the new use shall conform to this chapter;
(D) If a nonconforming use or structure is damaged by any cause to the extent that repair or replacement
costs exceed 50 percent of the market value, the use or structure may not be replaced or repaired except
in conformity with this chapter; and
360 tğŭĻ
(E) Normal maintenance of a nonconforming structure is permitted, including necessary nonstructural
repairs and incidental alterations, which do not extend or intensify the nonconforming use.
(F) A structure that consists of a one-family or two-family dwelling that is a lawful non-conforming use
located in a Business District or Industrial District may, upon being damaged to an extent exceeding 50
percent of its fair market value, be repaired to its preexisting condition, provided that the non-
conformity does not also include inconsistencies with regulations of flood-plaints or shoreland
protection. If no building permit to repair the dwelling is issued by the City within six months of the date
of the event where damage occurs, then the lawful non-conforming use status shall cease and the land
shall be used only in conformity with the allowed uses in the District.
(G) Construction of one detached accessory building, not exceeding 200 square feet will be considered an
incidental alteration, and may be permitted in conjunction with a legal, non-conforming use, provided its
purpose is solely for storage and that setback, lot coverage and other requirements of the district are
complied with.
(H) Construction of an uncovered deck or porch, not exceeding 100 square feet, construction of fences and
construction of above ground pools up to 15 feet in diameter shall be considered incidental alterations,
and may be permitted in conjunction with a legal, non-conforming use, provided lot coverage and other
requirements of the district are complied with.
Ord. 2d #6, amended 05/24/2006, Ord. 2d #11, amended 07/26/2006
§ 156.102 HOME OCCUPATIONS.
Home occupations in the city must meet the following criteria:
(A) Home occupations shall be conducted solely by persons residing in the residence with the exception of
no more than one additional nonrelated employee;
(B) All business activities and storage shall take place within the structure;
(C) There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in
any way alters the residential character of the premises;
(D) Conformance with the sign regulations as set forth in this code;
(E) The occupation shall not be visible or audible from any property line;
(F) The occupation may involve limited retail sale or rental of products on the premises, provided all stock-
in-trade is completely enclosed in the principal structure. Retail merchandise may not constitute more
than 50 percent of the principal structure square footage;
361 tğŭĻ
(G) Unless completely enclosed within an approved structure, no vehicle used in the conduct of the
occupation shall be parked, stored or otherwise present at the premises other than as is customarily used
for domestic or household purposes;
(H) Only on-site off-street parking facilities typically associated with a residence shall be used; and
(I)The conduct of an occupation or the use of substances which may be hazardous to or in any way
jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted.
(J) Auto repair as home occupation is not permitted on lots of less than 2 acres in size.
Cross-reference:
Outside storage as nuisance, see § 91
§ 156.103 SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the following minimum
standards:
(A) All dwellings shall have a minimum width of 24 feet at the narrowest point, with the exception of the M-
1, M-2 and R-M Districts;
(B) Metal siding, with exposed panels exceeding 12 inches in width, shall not be permitted;
(C) All newly constructed single-family detached dwellings shall have attached garages. Garages may not
be converted to habitable space without replacing the required garage;
(D) Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12 roof pitch
and shall be covered with an approved roofing material; and
(E) All single-family dwellings shall have roof overhangs which extend a minimum of one foot from all the
walls of the structure.
(F) Roofing materials on single family attached and detached residential structures over 120 square feet
shall be tile, shakes, shingles, copper or architectural metal roof sheeting with factory applied color
coatings (and are installed with concealed fasteners). Metal roofing must meet Class IV hail resistance
standards. Materials and installation must conform to the building codes then in effect.
Cross-reference:
See parking requirements of this chapter
Ord. 2d # 32, adopted 09/09/2009; Ord. 2d #117, adopted 10/13/2021.
362 tğŭĻ
§ 156.104 TEMPORARY DWELLINGS AND STRUCTURES.
(A) The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of
living quarters is not permitted in the city, except as approved by the City Council under special
circumstances.
(B) Applications for temporary dwellings shall be made in writing to the Administrator and it shall be the
AdministratorÓs duty to submit the application to the City Council at the next regular meeting thereof.
The City Council in its discretion shall grant or deny the permit and may require, as a condition to the
granting of the permit or any renewal permit, that the applicant appear in person before the City Council
and be examined as to his or her plans for a permanent dwelling and other matters relative thereto.
Permits shall in no event be granted for a period in excess of 90 days. At the expiration of the 90-day
period, the owner or occupant of any trailer so placed upon the premises in accord with this section shall
immediately remove the same, unless prior to the expiration of the 90-day period, the owner or occupant
shall obtain from the City Council a renewal permit. Application therefore may be made to the
Administrator as in the case of original permits, and must be submitted to the City Council prior to the
expiration of the original 90-day period. One renewal permit may be granted upon good cause shown,
but in no event shall a renewal permit be granted for a period in excess of 90 days and not more than one
renewal permit shall be granted.
(C) Temporary structures and trailers used in conjunction with construction work shall be permitted only
during the period that the construction work is in progress. Permits for temporary structures shall be
issued for a period not exceeding six months.
(D) Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of
Centerville opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates
Temporary Family Health Care Dwellings.
Ord. #25, adopted 10/13/1976; Ord #84, adopted 08/10/2916
§ 156.105 PUBLIC UTILITIES REQUIRED.
All residential, commercial, industrial, public, institutional or other uses, which include plumbing
facilities, shall be connected to the public sewer and water system when available.
§ 156.106 RELOCATED BUILDINGS OR STRUCTURES.
(A) No existing building or structure may be relocated anywhere in the city without a permit. A permit for
the relocation of any building or structure may not be issued without site plan approval by the city.
(B) The Planning and Zoning Commission shall not recommend approval of a site plan without certifying
the following:
363 tğŭĻ
(1) The building or structure is compatible in appearance, age and character with existing buildings
and structures in the area;
(2) The building or structure meets all code requirements for new buildings or structures;
(3) The building or structure is compatible with any other buildings or structures existing on the
same property; and
(4) The building or structure meets all other requirements of this chapter and any other city
ordinances.
§ 156.107 ACCESSORY STRUCTURES AND USES.
(A) Accessory Structures Î Residential Uses
(1) No more than two detached accessory buildings are permitted on any single-family, detached
dwelling parcel located in any district except R-1. Combined aggregate square footage for
detached accessory structures shall not exceed 200 square feet or 2% of the lot area, whichever is
greater, except if the lot has no attached garage, the largest detached structure may not exceed
the square footage of the main floor dwelling.
(2) In no event may any accessory building exceed the square footage of the main level of the
principal structure, except in the R-1 District.
(3) No accessory structure may be constructed on a parcel without a principal structure.
(4) No accessory structure shall be erected or located within any required yard other than the rear
yard.
(5) Detached accessory buildings must have a minimum of a 5-foot interior side setback and a 10-
foot rear setback. Where a rear or side yard abuts a street, an accessory building shall be set back
a minimum of 20 feet from the street property line. No structure may be placed in an easement
except bridges by written permit approved by the City Council.
(6) In case an accessory structure is attached to the main building, it shall be made structurally a part
of the main building and shall comply in all respects with the requirements of this chapter
applicable to the main building.
(7) An accessory building, unless attached to and made a part of the main building, shall not be
closer than 6 feet to the main building, except as otherwise provided in this section.
(8) The total area of an attached accessory building (garage) shall be no greater than 1,500 square
feet per level, but in no event may the garage space exceed the square footage of the main floor
of the dwelling.
364 tğŭĻ
(9) Detached parking garages for residential uses may be allowed to exceed the area limitations
above, but only with a finding that underground or attached parking is impractical or infeasible.
(10) Swimming pools may exceed the size requirements for accessory structures, but shall not exceed
50% of the rear yard.
(11) The side walls of an accessory building shall not exceed 10 feet in height and the overall height
of the structure shall not exceed 15 feet, except to match the roof slope of the principal structure.
This provision shall not apply to farm buildings located in a R-1 District.
(12) Arbors, trellises, balconies, breezeways, open porches, detached outdoor living rooms, and
heating equipment may be placed in a rear yard if it is at least 15 feet from the rear lot line and
five feet from a side lot line, but may not be closer to a side street property line than the principal
structure.
(13) Neither building with metal roofs and exterior walls and covering a total (exterior) area in excess
of 120 square feet, nor any other buildings with metal roofs shall be permitted in any residential
or mixed use district (except where the principal structure has a permitted architectural metal
roof, in which case a metal roof of the same permitted materials may be used). Pole-type
buildings and rigid frame structures with membrane roof or sides, are also prohibited all zoning
districts. (Ord. 2d #32, amended 09/09/2009)
(14) Building exceeding 120 square feet shall be anchored to a concrete floating slab foundation.
(15) The exterior color and design of an accessory structure shall be similar to the principal structure.
(B) Accessory structures, non-residential uses. The following standards shall regulate the construction and
maintenance of non-residential accessory structures:
(1) No more than two detached accessory buildings are permitted on any parcel. Combined
aggregate square footage for detached accessory structures shall not exceed 1000 square feet or
10% of the lot area, whichever is less.
(2) In no event may any accessory building exceed the square footage of the main level of the
principal structure.
(3) No accessory structure may be constructed on a parcel without a principal structure.
(4) No accessory structure shall be erected or located within the front yard.
(5) The side walls of an accessory structure shall not exceed 10 feet in height and the overall height
of the structure shall not exceed 15 feet, except to match the roof slope of the principal structure.
365 tğŭĻ
(6) All accessory structures shall be subject to the same exterior finish regulations as a principal
structure for the district in which it is located.
(7) Detached accessory buildings must have a minimum of a 5-foot interior side setback and a 10-
foot rear setback. Where a rear or side yard abuts a street, an accessory building shall be set back
a minimum of 20 feet from the street property line. No structure may be placed in an easement
except bridges by written permit approved by the City Council.
(C) Storage Within Principal Structure. All storage within a principal structure shall be directly related and
incidental to the principal use.
(D) Permits. All accessory structures shall require a building or zoning permit from the city.
Ord. #91, adopted 03/08/2006, Ord. 2d #5, amended 05/10/2006, Ord. 2d #35, amended 05/26/2010
§ 156.108 SITE PLAN REVIEW REQUIRED.
(A) Review scheduling. For all land use applications or permit applications for commercial or industrial
structures, or whenever a site plan review is required by this ordinance, a site plan review is required by
the Planning and Zoning Commission. Application materials must be submitted at least five business
days before the Planning and Zoning Commission meeting to be considered at the meeting. If staff
determines that the application is complete, it will be placed on the agenda.
(B) Submittal requirements.
(1) Boundary survey of parcel including identification of all monuments;
(2) Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and
curbing;
(3) Scaled identification of all setback dimensions from property lines;
(4) Scaled locations of all existing and proposed utilities and easements;
(5) Scaled depictions of floor plans for each story;
(6) Scaled depictions of each building elevation and descriptions of exterior building materials and
color schemes;
(7) Scaled site grading plans, including erosion and sedimentation control mechanisms and
procedures;
(8) Scaled delineations of any shoreland, floodplain or wetland areas on the site;
366 tğŭĻ
(9) Identification of any floodplain or wetland encroachments and detailed mitigation plans;
Detailed landscape plans, illustrating size, types and locations of all materials, a description of
site seeding or sodding, a description of the timetable for site landscaping and the identification
of any irrigation systems; and
(10)Detailed descriptions of any site fencing, including type, location and height. All plans
shall be dated and bear the preparerÓs name(s), including professional registrations or
certifications when appropriate or required.
(C) Review requirements.
(1) For actions that will require city review, applicants shall submit three sets of site plans with a
required application form and appropriate fees to the Administrator for distribution. The City
may also require that plans be submitted in an acceptable electronic format. Site plans will be
evaluated for consistency with documentation requirements. Upon acceptance of the application,
site plans will be distributed to the appropriate city entity for review and recommendation.
(2) Action to approve, modify or deny site plan applications will be based upon consistency of the
application with the cityÓs comprehensive plan, zoning chapter, other policies and official
controls and the compatibility of the proposed action with existing area land uses, existing area
investments and neighborhood character, capacity of public streets and utilities and future
planned land uses.
(D) Exceptions. The city may waive certain submittal requirements for residential variance applications,
when it is determined that submittal requirements are not applicable or are not necessary to complete a
review of the proposed action. The city may also waive certain submittal requirements for other actions,
when site plan information for the subject property has previously been submitted to the city and may be
more appropriately supplemented with new information.
Ord. 2d #107, amended 10/28/2020.
§ 156.109 FINAL GRADING AND LANDSCAPING.
Lots in all districts shall be subject to the following:
(A) No occupancy permit shall be issued until the lot upon which the structure is constructed is brought to
finished grade as specified except during inclement weather an escrow shall be deposited with the city as
approved in the fee schedule; and
(B) Prior to issuance of the occupancy permit, the lot shall be landscaped in a manner which prevents
erosion due to wind or water. Extensions may be granted at the Building OfficialÓs discretion.
§ 156.110 BUILDING NUMBERS.
367 tğŭĻ
(A) Numbers required. It shall be the duty of the owner, lessee or occupant of every house, industrial,
commercial or other building to have proper house or building numbers either by affixing to the building
numbers in metal, glass, plastic or other durable material. The numbers shall not be less than six inches
in height, in a contrasting color to the base, and so placed to be easily seen from the street.
(B) Alternative display. In those cases where the principal building is obscured from view from the street of
address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be
displayed from a permanent mounting on the property so that they are clearly visible from the street of
address.
§ 156.111 FENCES AND SPECIAL PRIVACY SCREENING.
(A) General regulations.
(1) All fences shall be located a minimum of two feet from any property line of the fence owner
unless the owner of the adjoining property agrees, in writing, that the fence may be erected on
the property line of the respective properties. This agreement shall be submitted at the time of
building permit application.
(a) Fences shall be located a minimum of two feet from a property line adjoining a street
right of way and may not be located in any drainage or utility easement except where
permission has been granted by the City through an encroachment agreement.
(b) No fence other than a decorative fence may be constructed in a front yard. As used
herein, the term DECORATIVE FENCE means a wrought iron fence, wood or vinyl
vertical post and wood horizontal rail fence with no more than three rails or a wood or
vinyl picket type fence with at least two inches of open space between each picket. All
decorative fences shall have at least 40% of the surface area of the fence open.
(2) No residential fence may exceed six feet in height and no decorative fence in the front yard may
exceed 36 inches in height.
(a) Where a corner lot abuts an adjacent propertyÓs front yard, the fence shall be set back a
minimum of 10 feet from the adjoining property line, unless the fence is a decorative
fence not exceeding three feet in height.
(b) Residential corner lots shall only have one front yard for the purpose of fences and that
shall be the side that has the front entrance to the home.
(c) In no event shall any fence be closer than fifteen feet to a curb or street pavement.
(3) All fences shall be constructed and maintained in a substantial, workmanlike manner and of
material reasonably suited for the purpose for which the fence is proposed to be used. Every
fence shall be constructed so that the side containing the framing supports and cross-pieces face
368 tğŭĻ
the interior of the fence ownerÓs lot. Any fence which does not comply with the provisions of
this section or which endangers the public safety, health or welfare shall be considered a public
nuisance.
(B) Snow-stop fencing. Snow-stop fencing may be used from November 1st to April 1st in R-1 Districts.
No permit shall be required for snow stop fencing.
(C)Electric and barbed wire fence. Electric fences, hog wire fencing, barbed-wire fencing and similar
fencing will not be allowed, except in the R-1 District and then may only be used in conjunct with
agricultural activities.
(D) Visual obstructions. No fence may be erected which creates visual obstructions at any intersection, alley,
driveway or street for safe vehicular, bicycle or pedestrian movement.
(E) Swimming pool fencing. No permanent private swimming pool with a water depth exceeding 24 inches
may be allowed, unless enclosed by a permanent wall or fence not less than four feet in height with self-
closing door and self-closing latch. A swimming pool shall be considered permanent if it has a
connected water supply, a drain connection or electrical connection where any of these require an
electrical, mechanical, plumbing or building permit under the Minnesota Building Code.
(F)Fencing in commercial/industrial zoning districts shall not exceed eight feet in height. Fences, except
decorative fences not exceeding three feet in height, shall not be placed in a front yard of an industrial or
commercial lot.
(G) Special Privacy Screening. A single family property may install in a rear yard, special privacy screening
around a pool, hot tub and/or patio, with a height of up to 7.5 feet. The total area enclosed by the special
privacy screening may not exceed an area equal to one half of the area of the first floor of the dwelling.
The total lineal footage of the special screening shall not exceed an amount equal to the distance across
the lot at the front setback of the dwelling. Special Privacy Screening may not be located closer to any
lot line than ten feet nor closer to any street property line than 35 feet. Installation is not allowed without
first securing a permit from the city.
Ord. #80, adopted 05/11/2005, Ord. 2d #XX, adopted 08/28/2013; Ord. 2d. #118, 10/13/2021.
§§ 156.112 THROUGH 156.120 RESERVED FOR FUTURE USE.
§ 156.121 HEIGHT.
(A) Structures. No structures or building may be erected to a height exceeding 35 feet without the issuance
of a conditional use permit.
(B) Excess height on a building. Upon the securing of a conditional use permit any building may be erected
to a height exceeding that specified for the respective district, provided the front, rear and side yards
369 tğŭĻ
shall be increased one foot for each one foot by which the building exceeds the height limit established
for that district.
(C) Additional yard setback shall not be required for a structure that is any of the following: television and
radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery
lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks,
conveyors, flagpoles, silos, and air conditioning and heating units; and that no tower, gable, spire or
similar structure shall be used for sleeping or eating quarters, or for any commercial purpose except one
incidental to the permitted uses of the main building.
§ 156.122 YARDS.
(A) General requirements. The minimum depths of front yard, rear yard and side yard for each district shall
be as defined in the schedule of regulations and conform to the following additional regulations:
(1) All structures, whether attached to the principal structure or not, and whether open or enclosed,
including porches, carports, balconies or platforms above normal grade level shall not project
into any minimum front, side or rear yard;
(2) Lots which abut on more than one street shall provide the required front yards along each street
for the principal structure and for any accessory building;
(3) Any principal structure situated on lands contiguous to or abutting any portion of the public lakes
in the city shall maintain yard setbacks of 75 feet from the lake. Where adjacent structures have
yard setbacks different from these requirements, the minimum setback from the lake shall be the
average setback of the adjacent structures to a minimum of 50 feet; and See also Floodplain
Chapter and additional requirements for shorelands.
(4) The minimum side or rear yard depths for the following nonresidential structures or uses which
abut any lot in any residential district shall be:
(a) Off-street parking spaces and access drives for nonresidential uses, 20 feet where
abutting a single family use or zone;
(b) Churches, schools and public or semi-public structures, 40 feet; and
(c) Recreation facilities, entertainment facilities, all business uses and all industrial uses, 60
feet.
(B) Computing front yards. For the purpose of computing front yard dimensions, measurements shall be
taken from the nearest point of the front wall of the building to the street right-of-way line subject to the
following qualifications:
(1) Cornices, canopies or eaves may extend into the required front yard a distance not exceeding two
feet, six inches;
370 tğŭĻ
(2) A covered or uncovered landing place, steps, or stoop may extend into the required front yard to
a distance not exceeding six feet, if its floor is no higher than the entrance floor of the building.
An open railing no higher than three feet may be placed around the structure. Such permitted
encroachment shall not be enclosed with walls, screens, windows, etc. but must be completely
open and if covered, the cover may be cantilevered or supported with columns and must be
constructed in similar quality and appearance as the building and may not be constructed with
metal roofs or metal columns;
(3)The above enumerated architectural features may also extend into any side or rear yard to the
same extent, except that no porch, terrace or outside stairway shall project more than three feet
into any side yard and then, in the case of an outside stairway, only if it is unroofed and
unenclosed above and below the steps. In no case shall a porch, stair landing or any other
architectural feature extend closer than four feet to the side property line; and
(4) On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to
grow in a manner as materially to impede vision between a height of 2-1/2 and ten feet above the
centerline grades of the intersecting streets in a triangle bounded by the street of the lot and a line
joining points along the street lines 50 feet from the point of the intersection.
(C) Erection of more than one principal structure on lot. In any district, more than one structure housing a
conforming principal use may be erected on a single lot if yard and other requirements of this chapter
are met for each structure as though it were on an individual lot. Required on-site parking space shall be
provided on the same lot as the principal building or use, except that combined or joint parking facilities
may be provided for two or more buildings or uses in commercial districts and in industrial districts,
provided that the total number of spaces is not less than the sum of the requirements for each building or
use. The proposed joint parking space shall be within 400 feet of the entrance of the use it will serve. A
properly drawn legal instrument, approved by the city, executed by the parties concerned, for joint use
of the off-street parking facilities shall be filed with the County RecorderÓs office.
Ord. 2d #7, amended 6/14/06
§§ 156.123 THROUGH 156.132 RESERVED FOR FUTURE USE.
§ 156.133 SPECIAL PROVISIONS RELATED TO DEVELOPMENT OR BUILDING ON LANDS
WITHIN 100 FEET OF CENTERVILLE LAKE, PELTIER LAKE OR CLEARWATER CREEK.
(A) Residential subdivisions with dwelling unit densities exceeding four-unit structures can only be allowed
if designed and approved as residential planned unit developments under this chapter. Only land above
the ordinary high water level of public waters can be used to meet lot area standards, and lot width
standards must be met at both the ordinary high water level and at the building line.
(B) All shoreland development shall meet the following standards:
371 tğŭĻ
(1) The minimum lot size shall be 15,000 square feet, not less than 100 feet in width, each building
must be set back at least 75 feet from the ordinary high water level for lands adjoining a lake;
(2) Minimum lot size shall be 15,000, 50 feet in width and set back at least 100 feet from the
ordinary high water level for Clearwater Creek;
(3) Each building must be connected to the city water and sanitary sewer systems;
(4) Watercraft docking facilities shall be placed a minimum of 10 feet from a side lot line, except
that such facilities for multi-family developments shall be centralized in one location and serve
all dwelling units in the building; and
(C) Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not
meeting the normal structure setback of this section if this water-oriented accessory structure complies
with the following provisions:
(1) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot
occupy an area greater than 200 square feet. Detached decks must not exceed eight feet above
grade at any point;
(2) The setback of the structure or facility from the ordinary high water level must be at least ten
feet;
(3) The structure or facility must be treated to reduce visibility as viewed from public waters and
adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer,
leaf-on conditions;
(4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage
area;
(5) The structure or facility must not be designed or used for human habitation and must not contain
water supply or sewage treatment facilities; and
(D) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion
into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank
slumping, and protect fish and wildlife habitat.
(1) Vegetation alterations.
(a) Vegetation alteration necessary for the construction of public utilities and the
construction of roads and parking areas regulated by this ordinance are exempt from the
vegetation alteration standards that follow.
(b) Removal or alteration of vegetation is allowed subject to the following standards:
372 tğŭĻ
1. Intensive vegetation clearing within 50 feet of the ordinary high water line is not
allowed, except where a permit has been issued for topographic alterations, the
city may allow a substitute landscape screening plan with a goal of 60 percent
screening of structures when viewed from the water, assuming mature heights of
vegetation and leaf-on conditions.
2. Limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is
allowed to provide a view to the water from the principal dwelling site and to
accommodate the placement of stairways and landings, picnic areas, access paths,
beach and watercraft access areas, and permitted water-oriented accessory
structures or facilities, provided that;
3. The screening of structures, vehicles, or other facilities as viewed from the water,
assuming summer, leaf-on conditions, is not substantially reduced;
4. Along streams, existing shading of water surfaces is preserved; and
5. These provisions are not applicable to the removal of trees, limbs, or branches
that are dead, diseased, or pose safety hazards.
(2) Topographic alterations/grading and filling.
(a) Grading and filling and excavations necessary for the construction of structures, and
driveways under validly issued construction permits for these facilities do not require the
issuance of a separate grading and filling permit. However, a grading and filling permit
will be required for the movement of more than 20 cubic yards of material within 75 feet
of a lake and within 50 feet of Clearwater Creek; and
(b) The following considerations and conditions must be adhered to during the issuance of
construction permits, grading and filling permits, conditional use permits, variances and
subdivision approvals:
1. Grading or filling in any wetland must have a permit from the Rice Creek
Watershed District.
2. Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible;
3. Mulches or similar materials must be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover must be established as soon as
possible;
4. Methods to minimize soil erosion and to trap sediments before they reach any
surface water feature must be used;
373 tğŭĻ
5. Altered areas must be stabilized to acceptable erosion control standards consistent
with the field office technical guides of the local soil and water conservation
districts and the United States Department of Agriculture, Natural Resource
Conservation Service (NRCS);
6. Fill or excavated material must not be placed in a manner that creates an unstable
slope;
7. Any alterations below the ordinary high water level of public waters must first be
authorized by the Commissioner of DNR under M.S. § 103G.245;
8. Alterations of topography must only be allowed if they are accessory to permitted
or conditional uses and do not adversely affect adjacent or nearby properties.
(E) Additional standards for commercial uses.
(1) Surface water-oriented commercial uses with needs to have access to and use of public waters
may be located on parcels or lots with frontage on public waters. Those uses with water-oriented
needs must meet the following standards:
(a) In addition to meeting impervious coverage limits, setbacks, and other zoning standards
in this ordinance, the uses must be designed to incorporate topographic and vegetative
screening of parking areas and structures;
(b) Uses that require short-term watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the minimum size
necessary to meet the need; and
(c) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey
needed information to the public, subject to the following general standards:
1. No advertising signs or supporting facilities for signs may be placed in or upon
public waters. Signs conveying information or safety messages may be placed in
or on public waters by a public authority or under a permit issued by the county
sheriff;
2. Signs may be placed, when necessary, within the shore impact zone if they are
designed and sized to be the minimum necessary to convey needed information.
They must only convey the location and name of the establishment and the
general types of goods or services available. The signs must not contain other
detailed information such as product brands and prices, must not be located higher
than ten feet above the ground, and must not exceed 32 square feet in size. If
illuminated by artificial lights, the lights must be shielded or directed to prevent
illumination out across public waters.
374 tğŭĻ
§§ 156.134 THROUGH 156.143 RESERVED FOR FUTURE USE.
§ 156.144 OTHER STANDARDS
(A) Odors and emissions. Odors and emissions from any use shall not exceed the regulations set forth by
Minnesota Pollution Control Agency Rules.
(B) Dust and particulates. Dust and particulate matter from any use shall be in compliance with and
regulated by Minnesota Pollution Control Agency Rules.
(C) Noise and vibrations. Noise and vibrations generated from any use shall be in compliance with and
regulated by Minnesota Pollution Control Agency Rules.
(D) Glare. Direct or reflected glare, as from floodlights, spotlights or high temperature processes, and as
differentiated from general illumination, shall not be visible beyond the site of origin at any property
line. Any lights used for exterior illumination shall be directed away from adjacent properties.
(E) Waste. All waste generated from any use shall be managed in compliance with and regulated by
Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be kept in
containers designed for waste collection and stored in a structure or within an approved enclosed or
screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is prohibited, except as specifically
provided in this chapter.
(F) Smoke. Smoke shall be measured at the point of emission by using the Ringelman Smoke Chart
published by the United States Bureau of Mines in Circular No. 7718. Smoke not darker or more
opaque than No. one on that chart may be emitted, except that smoke not darker or more opaque than
No. three on the chart may be emitted for a period not longer than four minutes in any 30 minutes.
These provisions applicable to visible gray smoke of a different color but with an equivalent capacity.
(G) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations that are noxious,
toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable
Concentration for 8-hour day, five days per week), Table III (Odor Thresholds), Table IV
(Concentrations of Substances Causing Pain in the Eyes) and Table V (Exposure to Substances Causing
Damage to Vegetation) in the latest revision of Chapter 5, ÐPhysiological EffectsÑ that contains such
tables, in the Air Pollution Abatement Manual published by the Manufacturing ChemistsÓ Association,
Inc., Washington, D.C., are hereby established as guides for the determination of permissible
concentration and amounts. The city may require detailed plans for the elimination of fumes or gases
before the issuance of a building permit.
(H) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be
protected by adequate fire-fighting and fire prevention equipment and by safety devices as are normally
used in the handling of these materials. These hazards shall be kept removed from adjacent activities to
a distance which is compatible with the potential danger involved.
375 tğŭĻ
(I)Air pollution. Every activity shall conform to state regulations relating to air quality standards and air
pollution control.
(J) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point or
any electrical disturbance adversely affecting the operation of any equipment at any point other than that
of the creator of the disturbance.
(K) Explosives. Any activity or operation requiring the use, storage or manufacturing of explosives shall be
located no closer than 500 feet from any residence; provided further that the location of the activity or
operation is such that damage from explosion, including flying debris, vibration or smoke, is limited to
the site on which the activity or operation is permitted.
(L) Bulk storage. The storage of all bulk liquids, fuels, chemicals and gases shall be in compliance with and
regulated by Minnesota Pollution Control Agency Rules, Minnesota State Fire Marshal Rules and the
Minnesota Building Code.
(M) Outside storage. All products, materials and equipment, except as specifically provided in this
chapter, shall be stored within permitted structures, except for the following:
(1) Residential districts.
(a) Agricultural products, equipment and appurtenances owned by the owner of the property
and used on the property on which they are kept;
(b) All licensed and operational motor vehicles shall be parked on the permitted driveway
area. Any unlicensed, nonoperational vehicles must be stored in an enclosed structure;
(c) A maximum of two of the following units may be stored outside of a structure for more
than 48 hours on any residential parcel, provided they are stored on the permitted
driveway area outside of the road right-of-way or are in a side or rear yard. A licensed
motor home or fifth-wheel trailer is allowed in a side or rear yard. None of the following
items may have an overall length from front to back in excess of 35 feet:
1. Boat;
2. Camper;
3. Motor home;
4. Snowmobiles;
5. Personal watercraft;
6. Personal utility trailer;
7. Ice house; and
8. Small construction equipment.
(d) Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments and
monuments;
376 tğŭĻ
(e) Temporary storage of materials and equipment during construction and landscaping; and
(f)Lakeshore properties can store the following items of personal property within 50 feet of
the shoreline during the months from September to May: docks, boat lifts, swim rafts,
slides and other swimming equipment.
(2) Commercial/industrial districts. As an accessory use, storage of products, materials and
equipment, excluding rubbish or junk, which is necessary to an approved business operation in a
commercial or industrial district, with the following provisions:
(a) The storage area must be completely screened from adjoining properties and rights-of-
way.
(b) The ratio of storage area to building footprint shall not exceed 2.5:1.
(c) The site plan review process is required to determine the appropriateness for storage
permitted in the section, surfacing required for the storage area and the screening
required.
Ord. 2d #107, amended 10/28/2020.
§§ 156.145 THROUGH 156.154 RESERVED FOR FUTURE USE.
§ 156.155 WOODLANDS PRESERVATION.
In residential areas, structures shall be located in a manner that the maximum number of woodlands
shall be preserved. If large numbers of trees are cut in residential areas, trees shall be replanted in a density and
manner satisfactory to the City Council. Clear cutting of woodlands for nonagricultural purposes is prohibited,
unless the action involves a utility or roadway, required by the public, and includes a reforestation plan required
by the City Council.
§§ 156.156 THROUGH 156.165 RESERVED FOR FUTURE USE.
§ 156.166 PARKING AND DRIVEWAY REQUIREMENTS.
(A) Requirements in general. The following table illustrates the minimum number of parking spaces
required for various uses permitted in the city. The city may modify minimum parking requirements in
the M-1 District, as part of the planned unit development approval process, if it is determined that the
use is consistent with the purpose of the district and that parking is determined by the City to be
sufficient to accommodate the use.
377 tğŭĻ
Uses Minimum Parking Required
Residential 2/dwelling unit
Churches 1/3 seats in largest assembly room
Schools 1/classroom plus 1/3 seats in largest assembly
Theaters
1/3 seats
Restaurants 1/3 seats
Offices
5/1,000 sq. ft. gross floor space
Retail 6/1,000 sq. ft. gross floor area
Convenience stores
7/1,000 sq. ft. gross floor area
General services
4/1,000 sq. ft. gross floor area
Trade businesses
3/1,000 sq. ft. gross floor area
Manufacturing
3/1,000 sq. ft. gross floor area
Other industrial or warehousing
2/1,000 sq. ft. gross floor area
Car washes
5/stacking per bay
Drive-up restaurants
5 stacking plus 1/3 seats
(B) Off-street parking. When a building or structure is enlarged, additional off-street parking shall be
required only with respect to the additional usable floor area.
(C) Change in the Use of a Building or Structure. An off-street parking area shall not be changed to any
other use until equal off-street parking is provided elsewhere. No parking area used or designated in
connection with a building or structure in existence on the effective date of this chapter shall be reduced
to provide fewer than the minimum number of parking spaces required under this chapter.
(D) Off-street parking and loading zones. No building or structure shall be hereafter erected, substantially
altered or its use changed unless off-street parking and loading spaces have been provided in accordance
with the provisions of this chapter. The number of off-street parking spaces provided shall be at least
the minimum number provided in the schedule contained in this section.
(E) Notwithstanding the minimum number of parking spaces as defined by this section, a conditional use
permit may be granted to provide fewer parking spaces when it is clearly demonstrated by the applicant
that the use will not require the number of spaces indicated. In the event a conditional use permit is
granted, a condition may be imposed to require that the land normally dedicated to parking shall be held
in a landscaped reserve that can be used for parking in the event the use or parking needs should change.
A landscape reserve should equal the amount of land necessary to support the number of parking spaces
required to serve any more restrictive parking use of the building or structure permitted by the applicable
zoning district and building codes.
(F) Parking spaces may be located on a lot other than that containing the principal use, subject to issuance of
a conditional use permit.
378 tğŭĻ
(G) Off-street loading. A loading space shall have minimum dimensions of not less than 12 feet in width, 50
feet in length, exclusive of driveways, aisles and other circulation areas. One off-street loading space
shall be provided and maintained on the same lot for each commercial and industrial use requiring
regular delivery of goods and having a modified gross floor area of more than 10,000 square feet. One
loading space shall be provided for each additional 25,000 square feet or fraction thereof. No off-street
loading space shall be located in any required yard adjoining any residential use. Required off-street
loading space shall not be included as off-street parking space in computing required off-street parking
space. Vehicles utilizing this loading space shall not project into the public right-of-way.
(H) Fractional space. When an application of the standards of this chapter with respect to number of off-
street parking spaces results in the need to provide a fraction of one space, any fraction of one-half or
less shall be disregarded and any other fraction shall be construed as one.
(I) Uses not mentioned. For any use not specifically mentioned in the schedule of off-street parking and
loading requirements, the number of spaces required should be that required for that use named in the
schedule which is determined by the Planning and Zoning Commission to be most similar.
(J) Spaces for five or more automobiles. Parking areas consisting of five or more off-street parking spaces
shall have individual spaces so marked by pavement striping, the perimeter of lot shall be surrounded by
curbing, and shall be so designed, maintained and regulated that no parking or maneuvering incidental
to parking shall be on any public street, walk or alley and so that any vehicle may be parked and
unparked without moving another vehicle.
(K) Improvement and maintenance. Required parking and loading spaces, together with driveways, aisles
and other circulation areas, shall be improved in a way as to provide a durable and dust-free surface
asphalt, concrete, pavers, cobblestone or similar material according to minimum city specifications,
excluding R-1 Districts. All parking and loading areas shall provide for proper drainage of surface
water to prevent the drainage of the water onto adjacent properties or walkways. The owner of any
parking or loading area shall maintain the area in good condition without holes and free of all dust, trash
and other debris. Parking and access drives shall be located a minimum of five feet from any property
line. Parking spaces shall be a minimum of nine feet wide and 18 feet deep.
(L) Driveway Access. All off-street parking areas in non-residential zoning districts and Mixed Use zoning
districts shall have access from driveways rather than directly from public streets, and shall be limited to
a maximum of 32 feet in width at the curb line, unless a wider driveway is granted by conditional use
permit. This shall not apply to on-street parking constructed and maintained by the city, county, or state,
such as parallel, diagonal, or vertical pull-in parking immediately accessible from the street.
(M) Permitted driveways for residential uses.
(1) A driveway must enter a parcel from an authorized location on a roadway and may cross a public
right of way or roadway easement to enter a parcel. Except where necessary to enter a parcel, a
driveway shall not be located within five feet from a property line, public right of way, or
roadway easement.
379 tğŭĻ
(2) A driveway shall not be located within any drainage and utility easement.
(3) The width of a driveway entrance from a roadway shall be determined as follows:
i. As measured at the edge of the roadway, the width of a driveway shall be a minimum of
8 feet wide and a maximum of 24 feet wide, except:
1. On a parcel where a garage is at least 24 feet wide, the maximum driveway width
shall be no greater than the width of the garage, to a maximum of 32 feet wide; or,
2. On a cul-de-sac parcel, the maximum driveway width shall be no more than 2/3
(two-thirds) of the distance between the lot lines extended.
ii. A driveway shall not exceed the maximum allowable width where it exists in a public
right of way or roadway easement.
(4) A driveway may only be constructed on a parcel that contains a primary structure.
(5) A driveway shall connect a roadway to a garage or other permitted structure.
i. On a lot that does not contain a garage or other permitted structure, the length of a
driveway shall be no less than 18-feet deep as measured from the edge a public right of
way or roadway easement.
(6) A driveway may include a paved parking or turnaround area not more than 8 feet by 18-feet
adjacent to a driveway connecting a roadway to a garage or front yard.
(7) A driveway shall not include more than one driveway connection from a public roadway into a
single-family residential lot, except for corner lots which are permitted one driveway per street
frontage.
(8) Driveway connections for multi-family uses will be reviewed in the site plan review process.
(N) Requirements For Mixed-Uses. If a building or structure contains a mixture of uses as defined by
paragraphs (A) and (I), the minimum number of parking spaces required for the entire building or
structure shall be calculated for the most restrictive parking use as permitted by the applicable zoning
district and building codes.
Ord. 2d #19, amended 06/27/2007, Ord. 2d #105, amended 05/27/2020, Ord. 2d #106, amended 08/26/2020.
§ 156.167 TREE PLANTING.
Required trees should be planted in the front yard out of the right of way and a minimum of 15 feet from
the curb line and shall not be planted in a manner that interferes with any current or planned utility line. Trees
may not be planted under a power line except low growing varieties approved by the City for such locations.
380 tğŭĻ
§§ 156.168 THROUGH 156.177 RESERVED FOR FUTURE USE.
§ 156.178 LANDSCAPING.
(A) Minimum quantities.
(1) All new development activities, including site modifications or use intensifications, shall be
subject to landscaping improvements.
(2) The following table illustrates guidelines within each zoning district:
4
Overstory Trees Foundation Plantings
District
1
2 trees/unit/street frontage None
R-1
2
2 trees/unit/open space exposure None
R-2, R-4 and R-5
3
8 trees plus two trees/unit None
R-2A
5
8 trees or 1/3,000 sq. ft. site area 1/10 ft. building and parking area
B-1
5
8 trees or 1/3,000 sq. ft. site area 1/10 ft. building and parking area
M-1 and M-2
5
8 trees or 1/3,000 sq. ft. site area 1/10 ft. building and parking area
I-1
5
8 trees or 1/3,000 sq. ft. site area 1/10 ft. building and parking area
P-1
NOTES:
1
Trees shall be deciduous and planted off the boulevard but in the front yard area.
2
Trees shall be deciduous. Unit exposures with street frontage shall be planted in the front yard
area consistent with section 156.181.
3
Tree spacing must include trees at near the boulevard at minimum 50-foot intervals.
4
The calculation for the number of foundation plantings is based upon one planting for each lineal
foot of building perimeter and parking lot perimeter. Plantings may be grouped rather than
dispersed at 10-foot intervals.
5
The required number of trees is based upon a minimum of eight trees or one tree per 3,000 square
feet of site area, whichever is greater. Tree spacing must include trees at the boulevard at
minimum 50-foot intervals.
(B) Minimum standards.
(1) Overstory trees:
(a) Deciduous trees. Two and one-half inch caliper planting size, balled and burlapped.
381 tğŭĻ
(b) Coniferous trees. Six feet in height planting size, balled and burlapped.
(2) Foundation plantings. Coniferous and deciduous shrubs shall be planted at a minimum of 1/3
the mature spread and height of typical growth habits.
(3) Front-yard trees. All front-yard trees shall be hardwood shade trees or flowering trees. Where
overhead utility lines exists, only low growing varieties approved for planting under utility lines
shall be allowed.
(4) Overstory mix. When multiple quantities of overstory trees are required, at least 75 percent of
the trees required shall be deciduous trees.
(5) Hardiness. All landscape materials proposed shall be consistent with Minnesota Hardiness
Zones, whether indigenous or foreign. Plant species must all be tolerant to snow storage,
exposure to salt and sun scald in parking areas.
(6) Diversification. In any development in which at least eight overstory trees or foundation
plantings are required, at least three varieties of boulevard trees are required on each side of the
block.
(7) Warranty. All required landscape materials shall be warranted for growth for a minimum of two
years after planting.
PLANNED UNIT DEVELOPMENTS
§ 156.200 OBJECTIVES.
To help encourage a more creative approach to the use of land, departures from the city zoning chapter
may be granted by the City Council in the form of Planned Unit Development (PUD) Districts, to achieve:
(A) A maximum choice of living environments by allowing a variety of housing building types and
permitting an increased density per acre and a reduction in lot dimensions, yard, building setbacks and
area requirements;
(B) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more
convenience in the location of accessory commercial uses and services;
(C) A development pattern which preserves and utilizes natural features, trees and other vegetation, and
prevents the disruption of natural drainage patterns;
(D) A more efficient use of land and a resulting substantial savings through shorter utilities and streets; and
382 tğŭĻ
(E) A development pattern in harmony with land use density, transportation facilities and community
facilities objectives of the comprehensive plan.
§§ 156.201 THROUGH 156.209 RESERVED FOR FUTURE USE.
§ 156.210 GENERAL REQUIREMENTS.
A conditional or interim use permit shall be required of all planned unit developments. The city may
approve the PUD only if it finds the development satisfies all the following standards:
(A) The development shall be planned so that it is consistent with the city comprehensive plan;
(B) The PUD is an effective and unified treatment of the development possibilities on the project site and
the development plan provides for the preservation of unique natural amenities such as streams, stream
banks, wooded cover, rough terrain and similar areas;
(C) The planned unit development proposal appears to harmonize with both existing and proposed
development in the area surrounding the project site;
(D) The tract of land shall be under unified control at the time of application and scheduled to be developed
as one unit. In addition, the development plan must include provisions for the preservation of natural
amenities;
(E) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size,
composition and arrangement that its construction, marketing and operation are feasible as a complete
unit, and that provision and construction of dwelling units and common open space are balanced and
coordinated;
(F) The PUD will not create an excessive burden on parks, schools, streets and other public facilities and
utilities which serve or are proposed to serve the district;
(G) The proposed total development is designed in a manner as to form a desirable and unified environment
within its own boundaries;
(H) The plans required under this section must be submitted in a form which will satisfy the requirements of
Chapter 153 for the preliminary and final plats;
(I)Permission to develop specific parcels of land under the provisions which follow shall be binding on all
construction. Any change in the development plan after approval by the City Council shall be
resubmitted for consideration; and
383 tğŭĻ
(J) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of
a PUD under this section.
§§ 156.211 THROUGH 156.219 RESERVED FOR FUTURE USE.
§ 156.220 USES PERMITTED.
Permitted uses may include any combination of dwelling units in single-family, 2-family, town or row
houses; any nonresidential use to the extent the nonresidential use is designed and intended to serve the
residents of the planned unit development; public or private education facilities; or other uses permitted in the
zoning district in which the planned unit development is located. When a PUD proposes a mixture of
residential uses with commercial uses, the Council may limit the development of not more than ten percent of
the tract to commercial uses.
§ 156.221 RELATIONSHIP OF PUD SITE TO ADJACENT AREAS.
The design of a PUD shall take into account the relationship of the site to the surrounding areas. The
perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent
properties, and conversely, to minimize undesirable impact of adjacent land use and development characteristics
on the PUD.
§ 156.222 MINIMUM SIZE.
A PUD may be used on any development of more than two (2) residential units. A PUD may be used
for any commercial or industrial development or on developments that include a combination of uses. The
Planning & Zoning Commission may require that any development be submitted as a PUD when in their
opinion the proposed development could be best handled as a PUD.
§ 156.223 MINIMUM LOT SIZE.
The minimum lot size requirements of other sections of this chapter do not apply to a PUD except that
the minimum lot size requirements of the underlying zone shall serve as a general guideline to determine the
maximum dwelling unit density of the total development.
§ 156.224 SETBACK AND SIDE YARD REQUIREMENTS.
Notwithstanding other provisions of this subchapter, setback and side yard requirements of lots in a
PUD shall be at least equivalent to the spacing requirements of buildings similarly developed under the terms of
this chapter on separate parcels.
384 tğŭĻ
§ 156.225 ACCESS TO PUBLIC RIGHT-OF-WAY.
The site of a PUD shall abut, and the major internal street or streets serving the PUD shall be connected
to, at least one primary arterial, or neighborhood collector street.
§ 156.226 UTILITY REQUIREMENTS.
Utilities, including telephone and electrical systems, installed within a PUD shall be placed
underground. Utility appurtenances, which can be effectively screened, may be exempted from this
requirement if the city finds that the exception will be consistent with the objectives of this subchapter and the
character of the proposed PUD.
§ 156.227 OPEN SPACE.
A minimum of 20 percent of the gross land area for private or public open air recreational use protected
by covenants running with the land or by conveyances or dedicated as the Planning and Zoning Commission
may specify shall be an integral part of the plan. These open space areas shall not include land devoted to
streets, parking and private yards. Whenever possible, common open space shall be linked to the open space
areas of adjoining developments. Common open space shall be of a size, shape, character and locations as to be
usable for its proposed purpose.
§ 156.228 PARKING.
Off-street parking and loading space shall be provided in each PUD in the same ratios for types of
buildings and uses as required in the underlying zoning district.
§ 156.229 RESERVED FOR FUTURE USE.
§ 156.230 ARRANGEMENT OF COMMERCIAL USES.
When a PUD includes commercial uses, commercial buildings shall be planned as groups having
common parking areas and common ingress and egress points. Each commercial area shall be separated from
abutting residential areas by appropriate screens or fences. The design of commercial areas shall provide for the
integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal
traffic, circulation, landscaping and other features and facilities as may be necessary to make the areas attractive
and efficient from the standpoint of adjacent noncommercial areas. Any area which is not to be immediately
improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as specified
by the city.
385 tğŭĻ
§§ 156.231 THROUGH 156.239 RESERVED FOR FUTURE USE.
§ 156.240 ARRANGEMENT OF INDUSTRIAL USES.
In any PUD including industrial uses, the industrial uses shall be provided in park-like surroundings
utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and
outdoor storage of raw materials or products. An industrial area in a PUD shall provide for the harmonious
design of buildings and a compact grouping in order to economize in the provisions of required utility services.
Streets in a planned industrial area shall be kept to a minimum in order to reduce traffic. All spaces between the
right-of-way line and the industrial building line and all intervening spaces between buildings, drives, parking
areas and improved areas shall be landscaped with trees and plantings and properly maintained.
§§ 156.241 THROUGH 156.249 RESERVED FOR FUTURE USE.
§ 156.250 PRE-APPLICATION MEETING; PROCEDURE.
Before submitting a formal application for a PUD under this chapter, the developer shall meet with the
Planning and Zoning Commission. The purpose of this meeting is to discuss early and informally the purpose
and effect of this chapter and the criteria and standards contained in this chapter, and to familiarize the
developer with the cityÓs comprehensive plan, including the land use plan, the major thoroughfare plan, and the
parks and open space plan, and with the subdivision regulations and the drainage, sewer and water systems of
the city.
§ 156.251 APPLICATION.
(A) An application for approval of a preliminary development plan for a proposed PUD shall be made to the
Planning and Zoning Commission, by at least one owner or lessee of property for which the PUD is
proposed. The application shall be accompanied by a certified check or money order to cover the costs
incurred in checking and processing the plans in an amount affixed by resolution of the City Council.
(B) The application with accompanying outline development plan shall be submitted (16 copies) and shall
include:
(1) A vicinity map at a scale of one inch equals 250 feet showing property lines, existing streets,
existing zoning, and any other items as the Planning and Zoning Commission may require to
show the relationship of the proposed PUD to the comprehensive plan of the city, to existing
schools and other community facilities and services, and to the surrounding area;
(2) A preliminary plan of the PUD in schematic form showing the following:
386 tğŭĻ
(a) The existing topographic character of the land;
(b) A composite of all natural amenities of the site including steep slopes, drainageways plus
marshes, ponds and lakes;
(c) The size of site and proposed uses of the land to be developed together with an
identification of off-site land use;
(d) The density of land use to be allocated to the several parts of the development;
(e) The approximate location of thoroughfares;
(f)The location of common open space including public schools, parks and playgrounds or
private natural preserves; and
(g) The off-street parking system.
(3) A written statement including the following:
(a) A statement of the ownership of all land involved in the PUD together with a summary of
previous work experience;
(b) An explanation of the general character of the planned development;
(c) A statement describing the ultimate ownership and maintenance of all parts of the
development including streets, structures and open spaces;
(d) A statement describing how all necessary governmental services will be provided to the
development; and
(e) The total anticipated population to occupy the PUD, with breakdowns indicating the
number of school-age children, adults and families.
(4) The proposed schedule for the development of the site; and
(5) A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the
public interest and consistent with the objectives specified for PUDs by § this chapter.
§ 156.252 ACTIONS.
(A) By the Commission. Within 60 days of the filing of the application, the Planning and Zoning
Commission shall hold a public hearing on the proposed PUD following written and published notice as
required for amendments of this chapter. Following the hearing and within 60 days of the filing of the
387 tğŭĻ
application or at a later time agreed to by the applicant, the Planning and Zoning Commission shall
recommend approval or disapproval of the preliminary proposal with any changes and conditions as it
may suggest and shall transmit its recommendations to the City Council. In its recommendations the
Commission shall determine whether the proposed PUD is consistent with the objectives for PUDs
specified in § 156.065 and with the comprehensive land use plan of the city; and whether the benefits,
combination of various land uses, if proposed, and the interrelationship with the land uses in the
surrounding area justify the deviation from standard district regulations allowed by this chapter for
PUDs.
(B) By City Council. Upon receipt of the recommendations of the Planning and Zoning Commission, the
Council shall consider the application and, after holding the public hearing as it deems desirable, shall
approve or disapprove the application with the changes or conditions, if any, as it may deem appropriate.
Refusal of any changes or conditions shall constitute denial of the plans by the City Council. Failure of
the landowner to notify the City Council of his or her acceptance or refusal of the modification to the
plan constitutes acceptance of these conditions. No building permits may be issued on land within the
PUD until final plans for the development have been approved by the City Council under the procedures
provided in the following sections.
§ 156.253 PUD AGREEMENT.
The Zoning Administrator shall instruct the City Attorney to draw up a PUD agreement which stipulates
the specific terms and conditions approved by the City Council and accepted by the applicant. This agreement
shall be signed by the Mayor of the city, Administrator and the applicant within 30 days of the City Council
approval of the PUD application and final plat. Where the PUD application and/or final plat are to be
resubmitted or denied approval, the City Council action shall be by written report setting forth the reasons for
its actions.
§ 156.254 FINAL REVIEW AND APPROVAL.
An application for review and approval of the final development plan shall be filed by the applicant with
the Planning and Zoning Commission within six months of the date on which approval of the preliminary plan
was given by the Council. If application for final approval is not made within the time required, the proposal
shall be considered abandoned unless an extension period is requested and granted by the City Council.
§ 156.255 DOCUMENTATION REQUIRED.
The final application shall be accompanied by the following supporting documentation:
(A) A final plan of the PUD in schematic form including the following:
(1) The street system, lot layout and off-street parking and loading plan;
388 tğŭĻ
(2) The use, height, bulk and approximate location of buildings and other structures;
(3) Land areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites,
public buildings and similar public and semi-public uses;
(4) A site plan for each building site and common open area, showing approximate location of
buildings, structures and improvements;
(5) Generalized elevations and perspectives of all structures;
(6) A site grading plan indicating the direction of flow of surface drainage and all easements
necessary for both ponding and runoff;
(7) Plans, profiles and specifications for the distribution of water, collection of sanitary waste and
stormwater;
(8) A landscape plan indicating the location, size and type of plant materials to be used;
(9) Plans, profiles, typical sections and specifications for proposed street improvements; and
(10) The density of land use to be allocated to the several parts of the site being developed.
(B) A written statement including:
(1) The approximate date when construction will begin by stage of development and the area of
open space to be provided at each stage;
(2) Agreements, provisions or covenants which govern the use, maintenance and continued
protection of the development and any of its common open areas; and
(3) Other conditions specifically required by the Commission and the Council for the particular
PUD.
§ 156.256 ACTION ON FINAL APPLICATION.
(A) Procedure for action by the Planning and Zoning Commission and the Council on an application for
review and approval of the final plan for a PUD shall be the same as prescribed by this subchapter for
the action on the preliminary proposal. In giving approval, the Council may specify the length of time
within which construction of the project must be begun or completed, and it may attach other conditions
as seem necessary. The final development plan shall be in general conformance with the preliminary
development plan as approved.
389 tğŭĻ
(B) (1) Criteria for approval. The findings necessary for approval of both the preliminary and
final development plans shall be based on the following and describe in what respect the plan would or
would not be in the public interest.
(a) The plan does not conflict with the city comprehensive plan;
(b) The plan is designed to form a desirable and unified development within its own
boundaries;
(c) The proposed uses will not be detrimental to present and future land use in the
surrounding area;
(d) Any exceptions to the standard requirements of the zoning and subdivision chapters are
justified by the design of the development; and
(e) The plan will not create an excessive burden on parks, schools, streets and other public
facilities and utilities which serve or are proposed to serve the PUD.
(2) Noncompliance. In the event the plan as submitted for final approval is not in substantial
compliance with the preliminary development plan, the Zoning Administrator shall notify the
applicant within 45 days of the date of application, setting forth the ways in which the plan is not
in substantial compliance.
(a) The applicant may treat the notification as denial of preliminary approval;
(b) The applicant may refile his or her plan so that it does substantially comply with the
outline development plan; or
(c) The applicant may file a written request with the Planning and Zoning Commission that it
hold a public hearing on his or her request for final approval. Any hearing shall be held
within 30 days after the request for the hearing. Within 45 days of the hearing, the
Planning and Zoning Commission shall either grant or deny preliminary approval to the
plan.
(3) Final approval. The City Council shall review and approve the final development plan if it is in
substantial compliance with preliminary development plan. Following this, the applicant shall
record the final development plan in the manner provided for recording subdivision plats. If the
final development plan is not in substantial compliance, the applicant shall be requested to repeat
the procedures outlined for the preliminary development plan. Approval may be conditioned on
the applicant executing a PUD agreement.
§ 156.257 TIME LIMIT.
390 tğŭĻ
If work on the PUD is not started within the time limits prescribed in the PUD agreement, approval shall
terminate unless an extension period is requested or granted by the City Council.
§ 156.258 AMENDMENTS-CHANGES TO THE PUD PLAN.
Amendments may be made in the approved final plan when they are shown to be required by changes in
conditions that have occurred since the final plan was approved or by changes in the development policy of the
city.
(A) Minor changes in the location, siting, and height of buildings and structures may be authorized by the
City Engineer if requested by engineering or other unforeseen circumstances.
(B) All other changes in use, rearrangement of lots, blocks and open space, must be authorized by the City
Council under procedures outlined for amendment of this chapter.
§ 156.259 COMPLETION.
(A) Completion of the PUD shall be certified by the Planning and Zoning Commission on the final
development plan. Thereafter, the use of land and the construction, modification or alteration of any
buildings shall be governed by the approved final development plan.
(B) Changes may be authorized only under the procedures provided below:
(1) Minor extensions, alterations or modifications of existing structures may be authorized by the
Planning and Zoning Commission if they are consistent with the intent and purpose of the final
plan and do not increase the cube of any building or structure by more than 10%; and
(2) Changes in the use of common open space or the replacement of any building substantially
destroyed which exceeds the intent and purposes of the final development plan may be
authorized only by amendment to the final development.
§ 156.260 SITE IMPROVEMENTS.
At any time following the execution of a PUD agreement and receiving a notice to proceed from the
City Administrator, the applicant may, pursuant to the applicable codes of the city, apply for and the Zoning
Administrator may issue grading permits for the area within the PUD for which development stage plan
approval has been given.
§ 156.261 CONSTRUCTION.
391 tğŭĻ
The construction and provisions of all the common open spaces and public and recreational facilities
which are shown on the final development plan must proceed at the same phase as the construction of dwelling
units. At least once every six months following the approval of the final development plan, the Zoning
Administrator shall review all of the building permits issued for the planned development and examine the
construction which has taken place on the site. If he or she shall find that the rate of construction of dwelling
units is greater than the rate at which common open spaces and public and recreational facilities have been
constructed and provided, he or she shall forward this information to the City Council, which may revoke the
PUD Permit.
§ 156.262 MAINTENANCE OF COMMON OPEN SPACE.
All land shown on the final development plan as common open space must be conveyed to a
homeownersÓ association or similar organization for the maintenance of the planned development. The
common open space must be conveyed to the homeownersÓ association or similar organization subject to
covenants, to be approved by the City Council, which restrict the common open space to the uses specified on
the final development plan, and which provide for the maintenance of the common open space in a manner
which assures its continuing use for its intended purpose.
£ 156.263 HOMEOWNERSÓ ASSOCIATION.
If a homeownersÓ association or cooperative is created, the applicant shall submit plans at the time of
final plan of development and documents which explain:
(A) Ownership and membership requirements;
(B) Articles of incorporation and bylaws;
(C) Time at which the developer turns the association over to the homeowners;
(D) Approximate monthly or yearly association fee for homeowners; and
(E) Specific listing of items owned in common including items as roads, recreation facilities, parking,
common open space ground and utilities.
ADMINISTRATION
§ 156.300 PERFORMANCE STANDARDS.
Every use permitted by this chapter shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this chapter to
provide the tests or investigations by an independent testing organization satisfactory to the Council as are
392 tğŭĻ
necessary to show compliance with these standards. The cost of the investigation and tests shall be shared
equally by the owner or operator and the city unless the results disclose noncompliance with these standards; in
that event, the entire cost shall be borne by the owner or operator. This provision does not preclude the city
from making any investigations and tests it finds appropriate to determine compliance with these standards.
§§ 156.301 THROUGH 156.309 RESERVED FOR FUTURE USE.
§ 156.310 VARIANCES.
(A)Standards. The Planning and Zoning Commission shall recommend a variance and the Council shall
order the issuance of the variance only if it conforms to the following standards:
(1) The variance is in harmony with the purposes and intent of the zoning chapter of this code;
(2) The variance is consistent with the comprehensive plan; and
(3) The proposal puts the property to use in a reasonable manner; and
(4) There are unique circumstances to the property not created by the landowner; and
(5) The variance, if granted, will not alter the essential character of the locality; and
(6) Any person filing a petition requesting a variance or an amendment of the zoning chapter
rezoning property or changing regulations within any use district shall pay a fee according to the
schedule established by resolution or ordinance of the City Council. The fee is payable at the
time of filing a petition and is not refundable.
(B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall act as the Board of
Appeals and Adjustments and shall have the power to hear and recommend requests for the following:
(1) Interpretation. Hearing appeals where it is alleged that there is an error in a decision or
judgment made by an administrative officer in the interpretation or enforcement of this chapter
or in the interpretation of zoning district boundaries; and
(2) Variances. Recommend variances from literal ordinance requirements in instances where strict
enforcement would cause undue hardship or practical difficulties because of circumstances
unique to the individual property under construction.
(C) Variance procedures.
(1) Applications provided by the city must be completed in writing prior to any consideration of
variance petitions. Fees required by the city shall be paid at the time of application.
393 tğŭĻ
(2) The Board of Appeals and Adjustments may require the applicant to provide copies of plans,
maps, surveys and the like, as deemed necessary, to ensure proper review and consideration of
variance petitions.
(3) After filing an application, the Administrator shall set a date for a public hearing. Notice of the
hearing shall be posted and published at least ten days prior to the date of the hearing, and notice
shall be mailed to each property owner within 350 feet of the property to which the variance
relates. Defects in the notice or failure to notify individual property owners shall not invalidate
the proceedings, provided a good faith effort was made to comply with these provisions.
(4) Upon the hearing request, the Board of Appeals and Adjustments shall either recommend
approval or denial for the variance and shall state the reasons for the action. Conditions which
are designed to mitigate the adverse impacts of the variance may be attached to any variance
granted.
(5) Upon receipt of the recommendations of the Commission, the Council shall hold whatever
hearings it deems advisable and shall make its decision upon the request to grant the variance. In
granting the variance the Council may impose conditions which it considers necessary to
mitigate the adverse impacts of the variance. Violation of any such condition is a violation of
this chapter. The Board of Appeals and City Council must find that the variance, if granted, will
conform with the ÐStandardsÑ of this section.
(6) A variance granted but not used shall become void one year after its effective date.
(7) No application for the same or essentially the same variance shall be made within six months of
the date of denial.
Ord 2d #47, amended 08/24/2011
§§ 156.311 THROUGH 156.319 RESERVED FOR FUTURE USE.
§ 156.320 CONDITIONAL USES.
Conditional uses may be permitted within the several zoning districts of the city subject to the provisions
of this section.
(A) Authority. The Council may, after review, hearing and report by the Planning Commission, grant a
Conditional Use Permit authorizing the development of a conditional use upon a showing by the
applicant that the standards, criteria and purpose of the district in which the proposed use is to be
located, will be satisfied. The standards and criteria shall include both general requirements for all
conditional uses and, insofar as practicable, requirements specific to each designated conditional use.
(B) Standards and conditions for conditional uses.
394 tğŭĻ
(1) A Conditional Use Permit may be granted for the following uses only:
(a) Any use specifically listed as a Conditional Use in the regulations applicable to the
district in which it is to be located or otherwise stated in this Chapter to be a conditional
use;
(b) Any use which is the same or similar, and consistent with, a conditional use specified in
the use district, the Planning Commission may consider and allow such conditional use.
(2) A Conditional Use Permit shall be granted only if evidence is presented to establish:
(a) That the proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
convenience and will contribute to the general welfare of the neighborhood or city;
(b) That the proposed building or use will not have a substantial or undue adverse effect
upon adjacent property, the character of the neighborhood, traffic conditions, utility
facilities and other matters affecting the public health, safety and general welfare; and
(c) That the proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations.
(3) The Council may impose such conditions upon the premises benefited by a conditional use as
may be necessary to prevent or minimize injurious effects therefrom upon other property in the
neighborhood. Violation of such conditions and safeguards shall be a violation of this Chapter.
(C) Procedure.
(1) An application for a Conditional Use Permit shall be submitted in triplicate to the Zoning
Administrator. The Planning Commission or the Council may require any additional information
they deem necessary before a hearing is held. In the Flood Plain Districts, the application shall
also follow the requirements of Chapter 155, Flood Damage Prevention.
(2) A public hearing shall be set, noticed and conducted by the Planning Commission in accordance
with this Chapter. The Commissioner of Natural Resources shall be given at least ten daysÓ
notice of hearing of all applications for conditional uses in the Flood Plain Districts.
(3) Within 30 days after the conclusion of the public hearing, the Planning Commission shall
transmit to the Council a written report containing its recommendations concerning the proposed
conditional use. Such report shall be accompanied by findings of fact specifying the reasons for
the recommendation. In considering conditional use applications in the Flood Plain Districts, the
Planning Commission shall consider all requirements of this Chapter together with Chapter 155,
Flood Damage Prevention.
395 tğŭĻ
(4) The Council shall, within 30 days of the receipt of the report of the Planning Commission, grant
or deny the conditional use or refer the matter back to the Planning Commission for further
consideration. The Council shall not grant a conditional use unless it finds that the standards of
this Section have been satisfied. Any proposed conditional use which fails to receive the
approval of the majority of the members of the Planning Commission voting upon it shall not be
approved except by a favorable vote of four-fifths of all of the elected members of the Council.
(5) A Conditional Use Permit shall be valid for a period of one year from the date of its approval by
the Council, after which the same shall be revoked in the event that any proposed construction,
alteration or operation has not been started in accordance with the terms of such permit.
(6) A Conditional Use Permit shall remain in effect only so long as all of the conditions granted by
the Council are observed. The Permit is immediately void when a condition is no longer
observed and may only be renewed after a new application for a Conditional Use Permit has
been granted as set forth in this section. The Permit shall run with the land so long as the
conditions are observed. Failure of the City to discover the violation of a condition, or failure by
the City to act upon a violation of a condition does not constitute a renewal of the Conditional
Use Permit or a waiver of the CityÓs right to take enforcement action.
§§ 156.321 THROUGH 156.329 RESERVED FOR FUTURE USE.
§ 156.330 INTERIM USE PERMITS.
(A) Purpose. It is intended that the interim use permit procedures allow flexibility in the use of land or
structures in the city, when the uses are not permanent and when the uses meet appropriate conditions
and performance standards that protect the public health, safety and welfare.
(B) Authority. The Council may, after review, hearing and report by the Planning Commission, grant an
Interim Use Permit authorizing the development of an interim use upon a showing by the applicant that
the standards, criteria and purpose of the district in which the proposed use is to be located, will be
satisfied. The standards and criteria shall include both general requirements for all conditional uses and,
insofar as practicable, requirements specific to each designated interim use.
(C) Standards and conditions for interim uses.
(1) An Interim Use Permit may be granted for the following uses only:
(a) Any use specifically listed as a Conditional Use or Interim Use in the regulations
applicable to the district in which it is to be located or otherwise stated in this Chapter as
a conditional use or interim use;
396 tğŭĻ
(b) Any use which is the same or similar, and consistent with, a conditional use specified in
the use district, the Planning Commission may consider and allow such use as an interim
use; and
(c) A use which is limited in scope or duration.
(2) An Interim Use Permit shall be granted only if evidence is presented to establish:
(a) That the proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
convenience and will contribute to the general welfare of the neighborhood or city;
(b) That the proposed building or use will not have a substantial or undue adverse effect
upon adjacent property, the character of the neighborhood, traffic conditions, utility
facilities and other matters affecting the public health, safety and general welfare;
(c) That the proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations; and
(d) That the scope or duration of the proposed use is of a limited nature which would not
otherwise run with the land;
(e) That the scope or duration of the proposed use is subject to clearly defined and stated
limitations.
(3) The city may attach conditions to approval of a permit to mitigate anticipated adverse impacts
associated with the use, to ensure compliance with the standards of approval, to protect the value
of other property, and to achieve the goals and objectives of the comprehensive plan.
(D) Procedure.
(1) An application for an Interim Use Permit shall be submitted in triplicate to the Zoning
Administrator. The Planning Commission or the Council may require any additional information
they deem necessary before a hearing is held. In the Flood Plain Districts, the application shall
also follow the requirements of Chapter 155, Flood Damage Prevention.
(2) A public hearing shall be set, noticed and conducted by the Planning Commission in accordance
with this Chapter. The Commissioner of Natural Resources shall be given at least ten daysÓ
notice of hearing of all applications for conditional uses in the Flood Plain Districts.
(3) Within 30 days after the conclusion of the public hearing, the Planning Commission shall
transmit to the Council a written report containing its recommendations concerning the proposed
interim use. Such report shall be accompanied by findings of fact specifying the reasons for the
recommendation. In considering interim use applications in the Flood Plain Districts, the
397 tğŭĻ
Planning Commission shall consider all requirements of this Chapter together with Chapter 155,
Flood Damage Prevention.
(4) The Council shall, within 30 days of the receipt of the report of the Planning Commission, grant
or deny the interim use or refer the matter back to the Planning Commission for further
consideration. The Council shall not grant an interim use unless it finds that the standards of this
Section have been satisfied. Any proposed interim use which fails to receive the approval of the
majority of the members of the Planning Commission voting upon it shall not be approved
except by a favorable vote of four-fifths of all of the elected members of the Council.
(5) An Interim Use Permit shall be valid for a period of one year from the date of its approval by the
Council, after which the same shall be revoked in the event that any proposed construction,
alteration or operation has not been started in accordance with the terms of such permit.
(6) The interim use must comply with the specific standards for the use identified in this chapter and
must comply with all conditions of approval, which shall be included in an Interim Use Permit
agreement.
(E) Termination. All Interim Use Permits shall terminate on the happening of any of the following events,
whichever first occurs:
(1) The date stated on the permit;
(2) Upon violation of the condition under which the permit was issued; or
(3) Upon change in the cityÓs zoning regulations that renders the use nonconforming.
(F) Right of Enforcement. All Interim Use Permits are immediately void when a condition is no longer
observed or a condition has expired. The Permit may only be renewed after a new application for an
Interim Use Permit has been granted as set forth in this section. The Permit shall not run with the land.
Failure of the City to discover the violation of a condition, or failure by the City to act upon a violation
of a condition does not constitute a renewal of the Interim Use Permit or a waiver of the CityÓs right to
take enforcement action.
§§ 156.351 THROUGH 156.399 RESERVED FOR FUTURE USE.
§ 156.400 ENFORCEMENT AND VIOLATIONS.
The Zoning Administrator is directed by the City Council to enforce the provisions of this chapter and
maintain all necessary records pertaining to this chapter, including but not limited to amendments, variances,
complaints and violations.
398 tğŭĻ
§§ 156.401 THROUGH 156.409 RESERVED FOR FUTURE USE.
§ 156.410 FEES AND LICENSING.
Fees and licensing provisions, affecting the administration and enforcement of this chapter, shall be
established by resolution of the City Council. The city does require payment for its legal, planning and
engineering expenses, resulting from the review of proposed actions in the city. The City Council may require
full payment of fees and out-of-pocket expenses incurred in the review of proposed actions prior to taking final
action.
§ 156.999 PENALTY.
Any person who violates or fails to comply with the provisions of this chapter shall be guilty of a
misdemeanor and upon conviction may be punished to the maximum extent allowed by law. Each day a
violation exists constitutes a separate offense.
399 tğŭĻ
APPENDIX A
TABLE 1: DISTRICT REGULATIONS LOT AND YARD REQUIREMENTS
District Regulations
Zoning District Min. Area Min. Front Rear Side Min. Min.
Width Setback Setback Setback Bldg. Garage
Size Size
Ground
Floor Sq.
Ft.
R-1 Rural Residential* 10 acres 300 ft. 35 ft. 25 ft. 10 ft. 1,050 ft. N/A
R-2A Single-Family 11,500 ft. 80 ft. 30 ft. 25 ft. 10 ft. 900 ft. 440 ft.
Residential*
R-2 Single-Family 15,000 ft. 100 ft. 35 ft. 25 ft. 10 ft. 1,050 ft. 440 ft.
Residential*
R-3 See district. 100 ft. 30 ft. 25 ft. 10 ft. 220
Multi-Family Residential Requirement
s
R-4 Single-Family 17,500 ft. 100 ft. 35 ft. 25 ft. 10 ft. 1,050 ft. 220 ft.
Manufactured Housing*
R-5 Single-Family 17,500 ft. 100 ft. 35 ft. 25 ft. 10 ft. 1,200 ft. 600 ft.
Residential Î Estate*
B-1 Commercial 20,000 ft. 150 ft. 30 ft. 30 ft. 20 ft. 1,000 ft. N/A
I-1 Industrial 1 acre 200 ft. 50 ft. 30 ft. 20 ft. 5,000 ft. N/A
P-1 Public/Semi-Public 20,000 ft. 150 ft. 35 ft. 30 ft. 20 ft. 1,000 ft. N/A
M-1& M02 Mixed Uses Specifications to be determined as a Planned Unit Development, Setback are
governed by the Building Code.
NOTES:
* The minimum size of any residential building shall either be the ground floor square footage as stated
in this Table, or a minimum of 1,650 finished square feet for the total structure, whichever is greater at the
time of building permit issuance.
400 tğŭĻ
CHAPTER157:EROSIONCONTROL
Section
General
157.01 Intent
157.02 Statutory authorization
157.03 Findings
157.04 Purpose
157.05 Scope and effect
157.06 Definitions
Stormwater Pollution Prevention Plan
157.15 Submittal procedures
157.16 Review process
157.17 Minimum construction site best management practices
157.18 Completion of work
157.19 Enforcement procedures
157.99 Penalty
GENERAL
§ 157.01 INTENT.
Intent of this chapter is to promote the health, safety and general welfare of the citizens of the city by
requiring stormwater management practices for construction activity.
Ord. #79, adopted 03/09/2005
§ 157.02 STATUTORY AUTHORIZATION.
This chapter is adopted pursuant to M.S. §§ 462.351, as amended, for cities and towns and 394.21, as
amended, for counties having a population of less than 300,000 according to the 1950 federal census (1990).
Ord. #79, adopted 03/09/2005
401 tğŭĻ
§ 157.03 FINDINGS.
The city hereby finds that uncontrolled land-disturbing activity at construction sites is subject to soil
erosion and other pollutants which enter into receiving water bodies, adversely affecting the public health,
safety and general welfare by impacting water quality.
Ord. #79, adopted 03/09/2005
§ 157.04 PURPOSE.
The purpose of this chapter is to promote, preserve and enhance the natural resources within the city and
protect them from adverse effects occasioned by poorly sited development or incompatible activities by
regulating land-disturbing activities that would have an adverse and potentially irreversible impact on water
quality and environmentally sensitive land; by minimizing conflicts and encouraging proper installation and
maintenance of best management practices (BMPs) for land-disturbing activities; and by requiring detailed
review standards and procedures for land-disturbing activities proposed for those areas, thereby achieving a
balance between development, redevelopment and protection of water quality and natural areas.
Ord. #79, adopted 03/09/2005
§ 157.05 SCOPE AND EFFECT.
(A) Applicability.
(1) Every applicant of a building permit for a new building or addition, subdivision approval, or a
permit to allow land-disturbing activities greater than or equal to one acre, must submit a
stormwater pollution prevention plan to the City Administrator. No building permit, subdivision
approval or permit to allow land-disturbing activities shall be issued until approval of the
stormwater pollution prevention plan or a waiver of the approval requirement has been obtained
in strict conformance with the provisions of this chapter.
(2) The provisions of division (B) of this section apply to all land, public or private.
(B) Exemptions. The provisions of this chapter do not apply to:
(1) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles;
(2) Emergency work to protect life, limb or property; or
(3) Tilling, planting or harvesting of agricultural, horticultural or silvicultural (forestry) crops.
Ord. #79, adopted 03/09/2005
402 tğŭĻ
§ 157.06 DEFINITIONS.
(A) When inconsistent with the context, words used in the present tense include the future tense, words in
the plural number include the singular number, and words in the singular number include the plural
number. The word ÐshallÑ is always mandatory and not merely directive.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
APPLICANT. Any person who wishes to obtain a building permit, subdivision approval, or to fill,
excavate or mine more than ten yards of granular material within the city.
BEST MANAGEMENT PRACTICE (BMP). Erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling, preventing and
minimizing the degradation of surface water, including construction-phasing, minimizing the length of
time soil areas are exposed, prohibitions and other management practices published by state or
designated area-wide planning agencies.
DETENTION FACILITY. A permanent natural or manmade structure, including wetlands, for the
temporary storage of runoff which contains a permanent pool of water.
DISCHARGE. The release, conveyance, channeling, runoff or drainage of stormwater, including
snowmelt, from a construction site.
EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees, shrubs, brush,
grasses and the like) or impervious surface has been removed, thus rendering the soil more prone to
erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction
site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is
exposed it is considered exposed soil, until it meets the definition of final stabilization.
FINAL STABILIZATION. Means that all soil-disturbing activities at the site have been completed,
and that a uniform perennial vegetative cover with a density of 75 percent of the cover for unpaved areas
and areas not covered by permanent structures has been established, or equivalent permanent
stabilization measures have been employed. Simply sowing grass is not considered FINAL
STABILIZATION.
LAND-DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including
removing vegetative cover, excavating, filling, grading and the construction of any structure.
PERSON. Any individual, firm, corporation, partnership, franchise, association or governmental entity.
PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subd. 15, as it may be amended
from time to time.
403 tğŭĻ
RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of
stormwater runoff by means of a permanent pool of water.
SEDIMENT. Solid matter carried by water, sewage or other liquids.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A joint stormwater and erosion and
sediment control plan that is a document containing the requirements of this chapter, that when
implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution.
STRUCTURE. Anything manufactured, constructed or erected which is normally attached to or
positioned on land, including portable structures, earthen structures, roads, parking lots, paved storage
areas, fences and retaining walls.
WATERS OF THE STATE. As defined in M.S. § 115.01, Subdivision 22, as may be amended from
time to time, the term means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are contained within, flow through
or border upon the state or any portion thereof.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is
usually at or near the surface or the land is covered by shallow water. For purposes of this definition,
WETLANDS must have the following three attributes:
(1) Have a predominance of hydric soils;
(2) Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil
conditions; and
(3) Under normal circumstances support a prevalence of this vegetation.
Ord. #79, adopted 03/09/2005
STORMWATER POLLUTION PREVENTION PLAN
§ 157.15 SUBMITTAL PROCEDURES.
(A) Application. An application for the proposed stormwater pollution prevention plan, shall be filed with
two sets of drawings and required information shall be submitted to the City Administrator or designee.
Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to
be performed. At a minimum, the scale shall be one inch equals 100 feet.
(B) Financial security and fees. All applications shall be accompanied by a letter of credit, or cash equal to
the required escrow amount and a separate check for administrative fees will be required upon issuance
404 tğŭĻ
of the permit. All escrow and fee amounts are determined annually by Council through the cityÓs fee
schedule.
(C) Contents. At a minimum, the stormwater pollution prevention plan shall contain the following
information:
(1) Existing site map. A map of existing site conditions showing the site and immediately adjacent
areas, including:
(a) The name and address of the applicant, the section, township and range, north point, date
and scale of drawing and number of sheets;
(b) Existing topography with a contour interval appropriate to the topography of the land but
in no case having a contour interval greater than two feet;
(c) A delineation of all streams, rivers, public waters and wetlands located on and
immediately adjacent to the site, including depth of water, a description of all vegetation
which may be found in the water, a statement of general water quality and any
classification given to the water body or wetland by the Minnesota Department of Natural
Resources, the Minnesota Pollution Control Agency, and/or the United States Army
Corps of Engineers;
(d) Location and dimensions of existing stormwater drainage systems and natural drainage
patterns on and immediately adjacent to the site delineating in which direction and at
what rate stormwater is conveyed from the site, identifying the receiving stream, river,
public water or wetland, and setting forth those areas of the unaltered site where
stormwater collects;
(e) For subdivisions a description of the soils of the site, including a map indicating soil
types of areas to be disturbed as well as a soil report containing information on the
suitability of the soils for the type of development proposed and for the type of sewage
disposal proposed, and describing any remedial steps to be taken by the applicant to
render the soils suitable;
(f) Vegetative cover and clearly delineating any vegetation proposed for removal; and
(g) One-hundred-year floodplain, flood fringes and floodways.
(2) Site construction plan. A site construction plan including;
(a) Boundary lines of all proposed land-disturbing activities;
(b) Locations and dimensions of all temporary soil or dirt stockpiles;
(c) Proposed construction site erosion control measures to meet the minimum BMP
requirements listed in § 155.17 of this chapter; and
405 tğŭĻ
(d) Anticipated starting and completion date of each land-disturbing activity including the
installation of construction site erosion control measures needed to meet the requirements
of this chapter.
(3) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site
map showing the site changes including:
(a) Finished grading contours at the same interval as provided above or as required to clearly
indicate the relationship of changes from existing topography and remaining features
with additional submission of an as-built;
(b) A drainage plan of the developed site delineating in which direction and at what rate
stormwater will be conveyed from the site and setting forth the areas of the site where
stormwater will be allowed to collect;
(c) The proposed size, alignments and intended use of any structures to be erected on the
site; and
(d) A clear delineation and tabulation of all areas which shall be paved or surfaced, including
a description of the surfacing material to be used.
(4) Copy of MPCA permit number for discharging stormwater from construction activity (MN
R100001); and
(5) Copy of Rice Creek Watershed permit and submittal information.
Ord. #79, adopted 03/09/2005
§ 157.16 REVIEW PROCESS.
(A) Process. Stormwater pollution prevention plans meeting the requirements of § 155.15 and minimum
BMP requirements of § 155.17 will be reviewed by the City Administrator or designee who may
approve, approve with conditions, or deny the stormwater pollution prevention plan. If the stormwater
pollution prevention plan is part of a large subdivision, the city may require the SWPPP be reviewed by
the City Engineer. Following Planning and Zoning Commission action, the stormwater pollution
prevention plan shall be submitted to the City Council. City Council action on the stormwater pollution
prevention plan must be accomplished within 120 days following the date the application for approval is
filed with the city.
(B) Duration. Approval of a plan submitted under the provisions of this chapter shall expire one year after
the date of approval unless construction has commenced in accordance with the plan. However, if prior
to the expiration of the approval, the applicant makes a written request to the city for an extension of
time to commence construction, setting forth the reason for the requested extension, the city may grant
406 tğŭĻ
one extension of not greater than one single year. The city shall make a decision on the extension within
30 days of receipt. Any plan may be revised in the same manner as originally approved.
(C) Conditions. A stormwater pollution prevention plan may be approved subject to compliance with
conditions reasonable and necessary to ensure that the requirements contained in this chapter are met.
The conditions may limit the size, kind or character of the proposed development, require replacement
of vegetation, establish required monitoring procedures, stage the work over time or require alteration of
the site design to ensure buffering.
(D) The adequacy, conditions and acceptability of any financial security shall be determined by the City
Council.
Ord. #79, adopted 03/09/2005
§ 157.17 MINIMUM CONSTRUCTION SITE BEST MANAGEMENT PRACTICES.
(A) Standards. No stormwater pollution prevention plan which fails to meet the standards contained in this
section shall be approved by the City Council or designated representative.
(B) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit
chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate
controls as appropriate. Water may not be discharged in a manner that causes erosion, scour, or flooding
of the site, receiving channels or a wetland.
(C) Construction site waste.
(1) Solid waste. Collected sediment, asphalt and concrete millings, floating debris, paper, plastic,
fabric, construction and demolition debris and other wastes must be disposed of properly and
must comply with MPCA disposal requirements.
(2) Hazardous materials. Oil, gasoline, paint and any hazardous substances must be properly stored,
including secondary containment, to prevent spill, leaks or other discharge. Restricted access to
storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste
must be in compliance with MPCA regulations.
(3) Liquid waste. All other nonstormwater discharges (concrete truck washout, vehicle washing,
maintenance spills and the like) conducted during the construction activity shall not be
discharged to the municipal storm sewer, wetlands, natural drainageways or waters of the state.
(D) Tracking. Vehicle tracking of sediment onto paved surfaces must be removed by street sweeping
weekly or as required by the city to prevent discharge of sediment-laden water from entering the city
storm sewer system.
(E) Drain inlet protection. All storm drain inlets shall be protected during construction until final
establishment has been accomplished or until approval from the city.
407 tğŭĻ
(F)Site erosion control. The following criteria (F)(1) through (4) apply only to construction activities that
result in stormwater leaving the site.
(1) Channelized runoff from adjacent areas passing through the site shall be diverted around
disturbed areas, if practical. Otherwise, the channel shall be protected as described below.
Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be
diverted around disturbed areas, unless shown to have resulted runoff rates of less than 0.5
feet/second across the disturbed area for the 1-year storage. Diverted runoff shall be conveyed in
a manner that will not cause erosion, scour or flooding of the conveyance at receiving channels.
(2) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil
exposed at any one time.
(3) Runoff from the entire disturbed area on the site shall be controlled by meeting either divisions
(a) and (b) or (a) and (c).
(a) All exposed soil areas with a continuous positive slope within 200 lineal feet of a surface
water must have temporary erosion protection or permanent cover for the exposed soil
areas year-round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days
10:1 to 3:1 14 days
Flatter than 10:1 21 days
(b) For sites with more than ten acres disturbed at one time, or if a channel originates in the
disturbed area, one or more temporary or permanent sedimentation basins shall be
constructed. Each sedimentation basin shall have a surface area of at least one percent of
the area draining to the basin and at least three feet of depth and constructed in
accordance with accepted design specifications. Sediment shall be removed to maintain a
depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause
erosion, scour or flooding along the discharge channel or the receiving water.
(c) For sites with less than ten acres disturbed at one time, silt fences or equivalent control
measures shall be placed along all side slopes and downslope sides of the site. If a
channel or area of concentrated runoff passes through the site, silt fences shall be placed
along the channel edges to reduce sediment reaching the channel. The use of silt fences
or equivalent control measures must include a maintenance and inspection schedule.
(4) Any soil or dirt storage piles containing more than ten cubic yards of material should not be
located with a downslide drainage length of less than 25 feet from the toe of the pile to a
roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by
mulching vegetative cover, tarps or other means. Erosion from piles which will be in existence
for less than seven days shall be controlled by placing straw bales or silt fence barriers around
408 tğŭĻ
the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet
of a roadway or drainage channel must be covered with tarps or suitable alternative control; if
exposed for more than seven days, the storm drain inlets must be protected with an appropriate
filtering barrier.
(G) Inspection and maintenance. All stormwater management BMPs shall be inspected weekly or after
every 1/2-inch rain event by the applicant. If sediment has reached 1/3 the capacity of the sediment
control practice, appropriate maintenance or replacement of the BMP must be completed to ensure
maximum effectiveness.
Ord. #79, adopted 03/09/2005
§ 157.18 COMPLETION OF WORK.
Work will be considered complete when all exposed soil areas have undergone final stabilization, as
defined in § 155.06; is constructed to finish grade, and is in conformance with all permit conditions of approval
to the satisfaction of the city. The applicant or representative shall notify the city when the land-disturbing
operations are ready for final inspection. Final approval shall not be given until all work, including installation
of all drainage facilities and their protective devices, and all erosion control measures, have been completed and
final stabilization has occurred in accordance with this chapter.
Ord. #79, adopted 03/09/2005
§ 157.19 ENFORCEMENT PROCEDURES.
(A) Right of entry. The applicant shall promptly allow the city and its authorized representatives, upon
presentation of credentials, to:
(1) Enter upon the permitted site for the purpose of obtaining information, examination of records,
conducting investigations, inspections or surveys;
(2) Bring any equipment upon the permitted site as is necessary to conduct the surveys and
investigations;
(3) Examine and copy any books, papers, records or memoranda pertaining to activities or records
required to be kept under the terms and conditions of this permitted site;
(4) Inspect the stormwater pollution control measures;
(5) Sample and monitor any items or activities pertaining to stormwater pollution control measures;
and
(6) Any temporary or permanent obstruction to the safe and easy access of an inspection shall be
promptly removed upon the inspectorÓs request. The cost of providing this access shall be borne
by the applicant.
409 tğŭĻ
(B) Warning letter. If, upon inspection by the city, the applicant fails to implement the erosion and sediment
control practices outlined in the approved stormwater pollution prevention plan, the city will notify the
applicant of noncompliance and a timeline for completion of any work to bring the site into compliance.
(C) Action against the financial security. If appropriate actions by the applicant have not been completed
within seven days after notification by the city, the city may act against the financial security if any of
the conditions listed below exist. The city shall use funds from this security to finance any corrective or
remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city
for all direct cost incurred in the process of remedial work, including but not limited to staff time and
attorneyÓs fees:
(1) The applicant ceases land-disturbing activities and/or filling and abandons the work site prior to
completion of the city-approved grading plan;
(2) The applicant fails to conform to any city-approved grading plan and/or the stormwater pollution
control plan as approved by the city, or related supplementary instructions;
(3) The techniques utilized under the stormwater pollution control plan fail within one year of
installation;
(4) The applicant fails to reimburse the city for corrective action taken under § 155.16; or
(5) Emergency action under either part (D).
(D) Emergency action. If circumstances exist such that noncompliance with this chapter poses an immediate
danger to the public health, safety and welfare, as determined by the city, the city may take emergency
preventative action. The city shall also take every reasonable action possible to contact and direct the
applicant to take any necessary action. Any cost to the city may be recovered from the applicantÓs
financial security.
Penalty, see § 155.99
Ord. #79, adopted 03/09/2005
§ 157.99 PENALTY.
Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor
and a separate offense shall be deemed committed on each day during or on which a violation occurs or
continues.
Ord. #79, adopted 03/09/2005
410 tğŭĻ
157.01. Findings . It is hereby determined that:
(A) Land development projects and associated increases in impervious cover alter the
hydrologic response of local watersheds and increase stormwater runoff rates and
volumes, flooding, stream channel erosion, and sediment transport and deposition;
and,
(B) This stormwater runoff contributes to increased quantities of water-borne
pollutants; and,
(C) Stormwater runoff, soil erosion and non-point source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites. Therefore, the City establishes this set of
water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the
regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is
determined that the regulation of stormwater runoff discharges from land development projects and other
construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil
erosion, stream channel erosion, and non-point source pollution associated with stormwater runoff is in the
public interest and will prevent threats to public health and safety.
157.02. Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Bench is a relatively level step excavated into earth material on which fill is to be
placed.
Best Management Practices (BMP) are erosion control, sediment control and water quality management
practices that are most effective and practicable for means of controlling, preventing and reducing the
degradation of surface water as published by state or designated area-wide planning agencies.
Buffer means land that is used to protect adjacent lands and waters from\\development and more intensive land
uses. The land is kept in a natural state of trees, shrubs, and low ground cover and understory of plants and
functions to filter runoff, control sediment and nutrient movement, and protect fish and wildlife habitat. In areas
of agricultural use, the land may be used for less intensive agricultural purposes provided its function as a buffer
remains intact.
Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or
periodically flowing water.
Common Plan of Development or Sale is a contiguous area where multiple separate and distinct land disturbing
activities may be taking place at different times, or on different schedules, but under one proposed plan. This
item is broadly defined to include design, permit application, advertisement or physical demarcation indicating
that land-disturbing activities may occur.
Detention facility is a temporary or permanent natural or man-made structure that provides for the temporary
storage of stormwater runoff.
Discharge is the release, conveyance, channeling, runoff or drainage of stormwater, including snowmelt, from a
construction or development site.
Filter strip is a vegetated section of land designed to treat runoff as overland sheet flow. It may be designed in
any natural vegetated form from a grassy meadow to a small forest. The dense vegetated cover facilitates
pollutant removal, reduces erosion and promotes infiltration.
Floodplain the channel or beds proper and the areas adjoining a wetland, lake or
411 tğŭĻ
watercourse that have been or hereafter may be covered by the regional flood.
High water level is the expected elevation the water in a stormwater pond will rise to a 100 year rain event as
calculated by the pond design.
Hydric soils are soils that are saturated, flooded, or ponded long enough during the growing season to develop
anaerobic conditions in the upper soil horizon.
Hydrologic Soil Group (HSG) means a Natural Resource Conservation Service classification system in which
soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability
and little runoff production, to D soils, which have low permeability rates and produce much more runoff.
Impaired Waters are water bodies that do not meet water quality standards and designated uses because of
pollutant(s), pollution, or unknown causes of impairment.
Impervious surface is a constructed hard surface that either prevents or retards the entry of water into the soil
and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to
development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and
concrete, asphalt, or gravel roads. Class 5 gravel surfaces are considered to be impervious surfaces.
Land disturbance activity is any land change that may result in soil erosion from water or wind and the
movement of sediments into or upon waters or lands within this governmentÓs jurisdiction, including but not
limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Within the
context of this ordinance, land disturbance activity does not mean:
(A) minor land disturbance activities including, but not limited to, underground utility repairs, home
gardens, home landscaping, minor repairs and maintenance work which do not disturb more than two thousand
(2,000) square feet of land or exceed one hundred (100) cubic yards of earthwork provided work does not
obstruct or modify a watercourse or storm sewer system and is not located in a floodplain;
(B) installation and maintenance of fences, signs, posts, poles, electric, telephone, cable television, utility
lines or individual service connections to these utilities; or
(C) general farming practices, or
(D) emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing
activity would have otherwise required an approved erosion and sediment control plan, except for the
emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized
in accordance with the cityÓs requirements as soon as possible.
Native vegetation is the pre-settlement (already existing in Minnesota at the time of statehood in 1858) group of
plant species native to the local region, that were not introduced as a result of European settlement or
subsequent human introduction.
Normal water level refers to the permanent pool of water retained in a stormwater
pond. By design, this is the water level below the invert elevation of the pond outlet with a depth not to exceed
eight (8) feet.
Ordinary high water level "Ordinary high water level" means the boundary of water basins, watercourses,
public waters, and public waters wetlands, and:
(A) the ordinary high water level is an elevation delineating the highest water level that has been
maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the
natural vegetation changes from predominantly aquatic to predominantly terrestrial;
(B) for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel;
and
(C) for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal
summer pool.
Outfall is the point of discharge to any watercourse from a public or private stormwater drainage system.
412 tğŭĻ
Permanent cover means Ðfinal stabilizationÑ. Examples include grass, gravel, asphalt and concrete. See also the
definition of Ðfinal stabilizationÑ.
Pretreatment means directing stormwater runoff through a BMP or series of BMPs for the purpose of removing
sediment and/or other pollutants prior to discharge into a receiving basin.
Project is a planned undertaking resulting in changes to the condition of a property.
Public Waters are waters of the state as defined in Minnesota Statutes, Section 103G.005, Subdivision 15.
Retention facility is a temporary or permanent natural or manmade structure that provides for the storage of
storm water runoff by means of a permanent pool of water.
Runoff is rainfall, snowmelt, dewatering discharge, irrigation or any man-made sources of water flowing over
the ground surface.
Sediment is the product of an erosion process; solid material both mineral and organic, which is in suspension,
is being transported, or has been moved by water, wind, or ice and has come to rest on the earth's surface either
above or below water level.
Slope is the incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
Special Water means a s urface water or receiving water that is of a high quality or is deemed worthy to receive
extra protection.
Stormwater. Under Minnesota Rule 7077.0105, Subpart 41b), storm water, Ðmeans precipitation runoff,
stormwater runoff, snow melt runoff and any other surface runoff and drainageÑ. According to the Code of
Federal Regulations (CFR), under 40 CFR 122.26 \[b\]\[13\], ÐStormwater means storm water runoff, snow melt
runoff and surface and drainageÑ. Stormwater does not include construction site dewatering.
Storm sewer system, includes but is not limited to, the combination of roadway gutters, roadway section
ditches, culverts, storm sewer piping, overflow channels, infiltration trenches, detention and retention water
quality treatment basins and other methods or devices used for capturing, conveying, controlling and treating
stormwater and snow melt runoff.
Stormwater Pollution Prevention Plan is joint stormwater, erosion prevention and sediment control plan that is
a document containing the requirements of Section I. When implemented, the plan will define the methods to be
used to reduce soil erosion on a parcel of land and off-site non-point pollution. The plan involves both
temporary and permanent controls.
Stormwater pond (also referred to as wet sedimentation basin, wet retention basin, or simply wet pond) is a
man-made or modified natural basin constructed to capture and retain stormwater runoff for the purpose of
removing pollutants and mitigating downstream water quantity impacts.
Surface Waters means all streams, ponds, lakes, marshes, wetlands, reservoirs, springs, rivers, drainage
systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private.
Vegetated (Grassy) swale is a vegetated earthen channel that conveys storm water while treating the stormwater
by biofiltration. Such swales aid in the removal of pollutants by both filtration and infiltration.
Waters of the State as defined in Minnesota Statutes Section 115.01, Subdivision
22, the term, Ð . . . waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private, which are contained within, flow through,
or border upon the state or any portion thereofÑ. Commentary: According to Minnesota Rules 7050.0130,
Subpart A, disposal systems or treatment works operated under either a Minnesota Pollution Control Agency
(MPCA) permit or an agency certificate of compliance are not considered Ðwaters of the state.Ñ Under
Minnesota Rules 7050.0130, Subpart F, constructed wetlands designed for wastewater treatment are not
Ðwaters of the state.Ñ Also see the definition of ÐWetlandsÑ.
Watercourse is a ditch, stream, creek, or other defined channel intended for the conveyance of water, runoff,
groundwater discharge or similar hydraulic or hydrologic purpose.
413 tğŭĻ
Wetlands. "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is
usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands
must have the following three attributes:
(A) have a predominance of hydric soils;
(B) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support
a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(C) under normal circumstances support a prevalence of such vegetation. (MN Statutes 103.G.005)
157.02. Purpose
The City has a strong interest in protecting and managing its valuable water and natural
resources, recognizing the relationships between resource protection, land use management, development,
redevelopment and fiscal responsibility. Federal and State regulations have placed restrictions and requirements
on the management and discharge of stormwater with which the City must comply. The CityÓs Local Surface
Water Management Plan (LSWMP) established goals and policies to meet those regulations. The City provides
requirements for stormwater management on development and redevelopment projects to ensure the CityÓs
goals and policies are met and that there is compliance with federal, state, and local rules. The City recognizes
in its Surface Water Management Plan that Rice Creek Watershed District (RCWD has primary responsibility
for stormwater management permits within the City, and staff is authorized to defer to RCWD in permit review
and enforcement.
157.02-157.03 Reserved
157.04 Stormwater Management Plan
(A) General Criteria. A stormwater management plan shall be required of all new development,
redevelopment and land disturbance projects greater than one (1) acre in parcel size or part of a greater plan of
development. This plan shall be designed to reduce and/or minimize the impervious area of the site, control the
peak flow rate, and minimize the volume of stormwater runoff from the same as required in the LSWMP and
this Code.Plans must be submitted to the City for review and approval prior to the start of construction. Each
project will construct, implement and maintain all best management practices (BMP) that are deemed necessary
to achieve the goals of this Chapter, including post-construction stormwater management BMPs. Prior to the
start of construction, all projects shall be in possession of any and all permits required for the project including,
but not limited to:
1. Rice Creek Watershed District,
2. City of Centerville,
3. U.S. Army Corps of Engineers,
4. National Pollutant Discharge Elimination System (NPDES), and
5. Wetland restoration or mitigation plan approval.
Projects smaller than one (1) acre in size are encouraged to implement BMPs that will
promote infiltration and contribute to improved water quality. The City reserves the right to require erosion
prevention measures to land-disturbing activities of less than one acre, when in the judgment of the CityÓs
Public Works Director, the land disturbing activities are likely to result in discharge of sediment or other
pollution into the CityÓs stormwater system, or into Waters of the State.
157.05. Design Standards.
Minimal Impact Design Standards (MIDS) shall be followed to achieve the best stormwater management. The
BMPs used should seek to mimic the natural hydrology, utilize pervious areas for stormwater treatment and to
414 tğŭĻ
infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the
maximum extent practical to provide treatment for both water quality and quantity. The Minnesota Stormwater
Manual (MN Pollution Control Agency), the Minnesota Urban Small Sites BMP Manual (Metropolitan
Council), Local Road Research Board BMP Maintenance Guide, and Protecting Water Quality in Urban Areas
(MPCA) are resources that provide guidance in achieving these goals.
(A) Implementation. Low Impact Development, Better Site Design, or Green Infrastructure design
techniques are the preferred methods of achieving stormwater management. Mimicking the natural topography
and land cover as they exist in the pre-developed condition to meet the standards and requirements of the City
and other regulatory agencies shall be the first consideration.
(B) Recommended Practices. Practices and methods used to achieve the intent of the above paragraph
shall include, but not be limited to, the following:
(1) rain gardens
(2) green roofs
(3) bio-retention practices
(4) pervious pavements or pavers
(5) plots of native vegetation and/or buffers in place of sod
(6) reforestation and revegetation
(7) trees and tree box filters
(8) reduction of impervious area
(9) rain water harvesting
(C) Other Practices. Other traditional stormwater BMPs may be approved on a site
by site basis to achieve the goals of water quality and quantity, and rate control. These practices shall conform
to the standards outlined in the resources referenced above.
(D) All stormwater runoff shall be pre-treated prior to discharge to any surface water.
(E) Maintenance Plan. A plan shall be established to maintain all temporary and permanent BMPs in a
working and efficient condition. This may include removal of invasive species, sediment, debris, or any other
foreign or obstructive object or condition that prevents the BMPs from performing as designed.
(F) Exemption. The mill and overlay or rehabilitation of a public roadway that does not create additional
impervious surfaces; and sidewalk or trail projects are exempt from these stormwater requirements. These
projects may be subject to other regulations.
157.06. Drainage.
Site alteration, grading, placement and installation of BMPs and other related activities shall be implemented in
such a way that drainage from the site shall not exceed the pre-developed rates and will not adversely affect
neighboring properties.
157.08. Calculations.
Hydrologic and hydraulic design calculations must be submitted for the pre-development and post-development
conditions for the 2, 10, and 100 year events as well as the 10 day snow melt event. Such calculations shall
include: (i) description of the design storm frequency, intensity and duration, (ii) time of concentration, (iii) Soil
Curve Numbers or runoff coefficients, (iv) peak runoff rates and total runoff volumes for each watershed area,
(v) infiltration rates, where applicable, (vi) culvert capacities, (vii) flow velocities, (viii) data on the increase in
rate and volume of runoff for the design storms used, and (ix) documentation of sources for all computation
methods and field test results.
157.07. Volume Control and Pollutant Management
415 tğŭĻ
Stormwater volume management practices shall be the equivalent of infiltrating or retaining the first one and
one-tenth (1.1) inches of precipitation over the impervious surface of the site. These practices should seek to
utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots and landscaped areas to the maximum extent practical to provide treatment for both water
quantity and quality.
A) New Development projects shall achieve no net increase from pre-project conditions (on an annual
average basis) of stormwater discharge volume; discharges of total suspended solids (TSS); and
discharge of total phosphorus (TP).
B)Redevelopment projects shall achieve a net reduction from pre-project conditions (on an annual average
basis) of stormwater discharge volume; discharges of total suspended solids (TSS); and discharge of
total phosphorus (TP).
The requirements of this section may be altered and alternative treatment BMPs approved under the following
limitations:
1) Infiltration techniques shall be prohibited when the infiltration structural BMP will receive discharges
from or be constructed in areas:
(a) where industrial facilities are not authorized to infiltrate industrial stormwater under an
NPDES/SDS Permit,
(b) where vehicle fueling and maintenance occur
(c) with less than 3 feet of separation from the bottom of the infiltration system to the elevation
of the seasonally saturated soils or top of bedrock
(d) where high levels of contaminants in soil or groundwater will be mobilized by the infiltration
of stormwater.
2) Infiltration techniques will be restricted when the infiltration device will be constructed in areas:
(a) with predominately Hydrologic Soil Group D soils
(b) within 1,000 feet up-gradient or 100 feet down-gradient of active karst features
(c) within a Drinking Water Source Management Area (DWSMA) as defined in the cities
Wellhead Protection Plan
(d) where soil infiltration rates are more than 8.3 inches per hour
C) If volume and pollutant management controls cannot be constructed on-site, off-site locations where the
controls can be met must be identified. Guidance for best management practices and standards for these
mitigation processes should follow the Minimal Impact Design Standards (MIDS) Design Sequence
Flowchart for flexible treatment options contained in the MN Stormwater Manual.
157.08. Impaired Waters and Total Maximum Daily Loads.
If a site drains to a surface water that has been listed as impaired pursuant to section 303(d) of the federal Clean
Water Act more stringent water quality measures will be required. If a Total Maximum Daily Load (TMDL) has
been written for the impaired water then all best management practices deemed necessary to comply with the
requirements of the TMDL must be implemented.
416 tğŭĻ
157.09. Industrial Sites.
Certain industrial sites are required to prepare and implement a stormwater pollution prevention plan, and shall
file a notice of intent (NOI) under the provisions of the National Pollutant Discharge Elimination System
(NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and
new industrial sites.
157.10. Wetlands.
Runoff shall not be routed directly to wetlands without first passing through an appropriate settling or approved
pre-treatment basin. Said basins must meet engineering standards for volume and flow directed to the basin.
(A) A protective buffer strip of natural vegetation at least 15 feet (25 feet is preferred)
in width shall surround all wetlands.
(B) Wetlands must not be drained, filled, or altered, wholly or partially, unless in
compliance with and permitted under the most current rules adopted by the
Minnesota Board of Water and Soil Resources in the Wetland Conservation Act
(WCA). Wetland replacement must be guided by the following principles in
descending order:
(1) Avoidance
(2) Minimization
(3) Mitigation
(C) Permits to work in wetlands must be obtained from the local water management
organizations, acting as local governmental units (LGU), with respective jurisdiction within the City to
administer the WCA.
(D) Permanent boundary markers, in the form of signage approved by the City, should be installed prior to
final approval of the required clearing and grading plan.
157.11. Maintenance of Stormwater BMPÓs.
(A) The design and planning of all stormwater management facilities shall include detailed maintenance
and repair procedures to ensure their continued function. These plans will identify the parts or components of a
stormwater management facility that need to be maintained and the equipment and skills or training necessary.
Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need
for revisions or additional maintenance procedures shall be included in the plan.
(B) All private stormwater BMPs shall be maintained by the owner(s) such that the BMP performs the
intended treatment function. Public stormwater BMPs shall be the responsibility of the City in that the City will
ensure that the capacity of retention/detention ponds is adequate and will repair or replace storm sewer system
components as needed.
(C) The applicant must ensure access to all stormwater treatment practices at the site for the purpose of
inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements
will be recorded with the plan and will remain in effect even with transfer of title to the property.
(D) The applicant must execute an easement and an inspection and maintenance agreement binding on all
subsequent owners of land served by any on-site stormwater management measure in accordance with the
specifications of this ordinance.
157.12-157.14 Reserved
157.15. Alterations to and Use of Public and Private Stormwater Ponds.
417 tğŭĻ
(A) No alterations to shorelines or vegetation around stormwater ponds shall be allowed unless authorized
by the City.
(B) Fountains or other circulating devices will not be allowed in stormwater ponds unless authorized by
the City.
(C) Chemical treatment of stormwater ponds will not be allowed unless authorized by the City.
(D) Structures will not be allowed within the stormwater pond or protective buffer zone. These will
include but not be limited to retaining walls, docks, piers, diving platforms, etc.
(E) Recreational activities, including but not limited to boating, swimming, fishing and
skating are prohibited on stormwater ponds located on city owned property. These activities are discouraged on
all other ponds.
(F) Dumping of yard waste materials in, on or around any stormwater pond is prohibited.
(G) Cattails growing in and around stormwater ponds may be cut with the permission and direction of the
City.
157.16. Appropriations from stormwater ponds
Appropriation of water from stormwater ponds for the purpose of private irrigation may be allowed based upon
criteria established by the City. City approval must be granted before use begins.
157.17- Reserved
157.18. Rain Gardens. Rain Gardens in Road Right of Way
(A) Rain gardens proposed for construction in the right of way must have plans approved by the City
Public Works Department. These plans will include illustration of area draining to the rain garden; design
details to prove proper sizing/capacity to handle the area of drainage; illustrate property boundaries, location of
street features, driveway, house and other structures in relation to the rain garden; and include proof of
infiltration potential and ability to drawdown
within a 48 hour period.
(B) Rain gardens capturing street runoff would require a curb cut to direct flow into the rain garden. Curb
cuts for rain gardens approved in the right of way will be constructed and paid for by the City. All other
construction and maintenance associated with the rain garden is the sole responsibility of the homeowner except
where constructed as a required BMP for a street reconstruction, in which case the construction costs may be
paid for by the City.
(C) City staff or designee has right of entry to all rain gardens in the right of way to
ensure proper function of the feature.
(D) Rain gardens in the right of way will be mapped as part of the City stormwater management system.
These features will be counted toward meeting compliance of the CityÓs MS4 permit with the State of
Minnesota or other regulatory requirements imposed on the City through state, federal or other government
agencies.
(E) The City shall have no liability for a privately constructed rain garden or its associated features.
157.19-157.49 Reserved
Note: Illicit Discharge Detection and Elimination (See Chapter 51)
418 tğŭĻ