The City of Wyoming City Code 2017

Transcription

1 The City of Wyoming City Code 2017 Table of Contents Chapter 1 GENERAL PROVISIONS...1 Sec Designation and citation of Code....1 Sec Definitions and rules of construction....1 Sec Catchlines of sections....2 Sec References to chapters or sections....2 Sec History notes....2 Sec References and editor's notes....2 Sec Code does not affect prior offenses, penalties and rights....2 Sec Effect of repeals....2 Sec Certain ordinances not affected by Code....3 Sec Amendments to Code....3 Sec Supplementation of Code....3 Sec Severability of parts of Code....4 Sec General penalty....4 Chapter 2 ADMINISTRATION*...5 ARTICLE I. IN GENERAL...6 Sec Form of government....6 ARTICLE II. COUNCIL*...7 Sec Terms of office....7 Sec Salaries....7 Sec Council sessions....7 Sec Special meetings....7 Sec Public meetings....7 Sec Presiding officer....7 Sec Quorum....7 Sec Order of business....7 ARTICLE III. OFFICERS AND EMPLOYEES*...8 Sec Compensation....8 Sec Officers appointed....8 ARTICLE IV. BOARDS, COMMISSIONS AND COMMITTEES...9 ARTICLE V: ORDINANCE OFFENSES Sec Purpose Sec Ordinance offense defined Sec Notice Sec Payment Sec Hearing Sec Hearing officer Sec Failure to pay Sec Disposition of penalties Sec Offenses and penalties Sec Subsequent offenses Sec Ordinance offenses and fee schedule ARTICLE 6: ADMINISTRATIVE OFFENSES Sec Purpose Sec Administrative traffic offense defined Sec Notice Sec Payment Sec Hearing Sec Hearing officer Sec Failure to pay Sec Disposition of penalties Sec Offenses and penalties Sec Administrative offenses and fee schedule Chapter 3 RESERVED Chapter 4 ALCOHOLIC BEVERAGES* ARTICLE I. IN GENERAL ARTICLE II. LICENSES Sec Definitions i

2 Sec Required Sec Applications for license Sec License fees Sec Granting of licenses Sec Persons ineligible for license Sec Places ineligible for license Sec Conditions of license Sec Hours of operation Sec Sales in full public view Sec Clubs Sec Restrictions on purchase or consumption Sec Revocation Sec Special Sunday on-sale license Sec Hours Sec Entertainment in establishments and restaurants selling or permitting to be displayed or consumed intoxicating liquor or 3.2 malt liquor Sec Temporary 3.2 malt liquor licenses Chapter 5 RESERVED Chapter 6 AMUSEMENTS AND ENTERTAINMENTS* ARTICLE I. IN GENERAL Sec Entertainments Sec Bowling alleys and pool halls Sec Public dances ARTICLE II. GAME MACHINES DIVISION 1. GENERALLY Sec Definitions Sec Conduct of recreational facility DIVISION 2. LICENSE Sec Required Sec Fee ARTICLE III. BINGO* DIVISION 1. GENERALLY Sec General regulations DIVISION 2. LICENSE Sec Authorization to issue Sec Required Sec Application Sec License fee Sec Suspension or revocation Sec License fees Sec Not transferable Sec Revocation Sec Appeal ARTICLE IV. GAMBLING* Sec Adoption of state statute; local control Sec Notice; approval and disapproval Sec Allowed organizations Sec Authorized forms of gambling Sec Authorized locations of gambling Sec Conditions of gambling Sec Filing of records; inspection; access to records Sec Lawful gambling at on-sale establishments Sec Use of profits from lawful gambling Sec Penalty Chapter 7 RESERVED Chapter 8 ANIMALS* ARTICLE I. IN GENERAL Sec Definitions Sec Running at large prohibited Sec Seizure of an animal running at large Sec Muzzling proclamation Sec Specific Prohibitions Sec Premises entry right Sec Number of animals permitted ARTICLE II. POUND Sec Authorized Sec Impoundment of animals ii

3 Sec Redemption Sec Selling of impounded animals Sec Disposition of proceeds of sale Sec Breaking pound ARTICLE III. URBAN FOWL Sec Authorized Sec Facilities Chapter 9 RESERVED Chapter 10 BUILDINGS AND BUILDING REGULATIONS* ARTICLE I. IN GENERAL ARTICLE II. BUILDING CODE DIVISION 1. MINNESOTA STATE BUILDING CODE ADOPTED Sec Codes Adopted by Reference Sec Application, Administration and Enforcement Sec Permits and Fees Sec Violations Penalties Sec Building Code Optional Chapters Sec Effective Date Sec Severability DIVISION 2. GAS INSTALLERS LICENSE Sec Prohibited Acts Sec Application Sec Insurance Sec Duration of License Sec Suspension or Revocation Sec Effective Date Sec Severability ARTICLE III HIGH RISK USES - BUILDING REGULATIONS Sec Purpose Sec Findings of the City Council Sec Definitions Sec Public health regulations Sec Exceptions Sec Health enforcement powers Sec Criminal penalties Sec Severability Sec Effective date Chapter 11 RESERVED Chapter 12 BUSINESSES* ARTICLE I. IN GENERAL ARTICLE II. SAUNAS AND MASSAGE DIVISION 1. GENERALLY Sec Policy Sec Definitions DIVISION 2. LICENSE AND CERTIFICATE Sec Required Sec Application Sec Certificate required Sec Certificate application Sec License investigation fee, license fee and license year Sec Certificate fee, certificate investigation fee and certificate year Sec Granting or denial of licenses and certificates Sec Conditions governing issuance of license Sec Conditions governing issuance of certificate Sec Restrictions and regulations Sec Construction and maintenance requirements Sec Health and disease control Sec Revocation, suspension or nonrenewal of license Sec Appeal Sec Prohibited acts Sec Liability for crimes of another ARTICLE III. CIGARETTES/TOBACCO PRODUCTS DIVISION 1. GENERALLY Sec Purpose of article Sec Definitions and interpretations Sec Prohibited sales and transactions Sec Vending machines iii

4 Sec Tobacco display and storage Sec Licensee responsibility for actions of employees Sec Compliance checks and inspections Sec Illegal acts Sec Administrative fines Sec Administrative revocation hearing Sec Penalty for violation of article Sec Exceptions and defenses to violations of this article DIVISION 2. LICENSE Sec Required Sec Application Sec Approval or denial Sec Term Sec Revocation or suspension Sec Moveable place of business Sec Display Sec Renewals Sec Restrictions Sec Fees Sec Basis for denial ARTICLE IV. CONDUCTING SALES OF MERCHANDISE OR FOOD PRODUCTS OR ENGAGING IN SIMILAR TRANSIENT COMMERCE FROM A MOVEABLE PLACE OF BUSINESS Sec Purpose Sec Definitions Sec Required Sec Application Sec Approval or Denial Sec Term Sec License fee and license investigation fee ARTICLE V SEXUALLY ORIENTED BUSINESSES Sec Purpose Sec Findings of the city council Sec Conclusions of the city council Sec Definitions Sec License required Sec License application Sec License application execution Sec License application verification Sec License application consideration Sec License fees Sec Issuance of a license Sec License restrictions Sec Restrictions regarding license transfer Sec Restrictions regarding hours of operation Sec Restrictions regarding minors Sec Restrictions regarding sanitation and health Sec Renewal application Sec Sanctions for license violations Sec Penalty Sec Severability Sec Effective date ARTICLE VI. PAWN SHOPS, SECONDHAND GOODS DEALERS, AND JUNK DEALERS Sec Statement of policy Sec Definitions Sec License Required Sec Application, Investigation and Eligibility Sec License and Investigation Fee Sec Bond Sec Pawnbroker, Secondhand Dealer, and Junk Dealer s Records Sec Register Open to Inspection Sec Buying Prohibited from Certain Persons Sec Holding of Property Sec Pawnshop, Secondhand Dealer, or Junk Dealer Location Sec Hours of Operation Sec Suspension or Revocation of License Sec Penalty Sec Other Laws Sec Separability Sec Effective Date iv

5 Chapter 13 RESERVED Chapter 14 ELECTIONS* Sec Election date Sec Registration Sec Law adopted by reference Article II. Special Elections Sec Purpose Sec Circumstances Sec Public Notice for Filing Sec Filing Period Sec Special Election Date Sec Poll hours Chapter 15 RESERVED Chapter 16 ENVIRONMENT* ARTICLE I. IN GENERAL ARTICLE II. NUISANCES DIVISION 1. GENERALLY Sec Definitions Sec Illustrative enumeration Sec Property kept clean Sec Human waste Sec Stagnant water Sec Debris from construction Sec Posting advertising; etc DIVISION 2. WEEDS, HEDGES, TALL GRASS AND OTHER VEGETATION Sec Definitions Sec Lawn Maintenance Sec Prohibited Sec Trimming plants at intersections Sec Destruction of trees or bushes Sec Trimming plants extending over streets Sec Removal of unsafe trees by owner DIVISION 3. LITTERING Sec Definitions Sec Litter in public places Sec Polluting waters Sec Scattering litter Sec Placement of litter in receptacles so as to prevent scattering Sec Sweeping litter into gutters prohibited Sec Merchants' duty to keep sidewalks free of litter Sec Litter thrown by persons in vehicles Sec Truck loads causing litter Sec Litter in parks, lakes, and fountains Sec Litter on occupied and vacant private property; property owner, tenant, or occupant duty DIVISION 4. NOISE Sec Unreasonable loud noise prohibited Sec Noises expressly prohibited Sec Quiet zone DIVISION 5. JUNKED AND ABANDONED VEHICLES Sec Definitions Sec Prohibited storage Sec Permitted storage Sec Investigation of premises DIVISION 6. SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec Findings and intent Sec Definitions Sec Sexual offender and Sexual Predator Residence Prohibition; Penalties; Exceptions Sec Property Owners Prohibited from Renting Real Property to Certain Sexual Offenders and Sexual Predators; Penalties Sexual Offender Residence Prohibition Map DIVISION 7 ENFORCEMENT Sec Duties of City Officers Sec Abatement Procedure Sec Recovery of Cost Sec Penalty Sec Severability Chapter 17 RESERVED v

6 Chapter 18 FIRE PREVENTION AND PROTECTION* ARTICLE I. IN GENERAL ARTICLE II. FIRE CODE Sec Adopted Sec Enforcement Sec Definitions Sec Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited Sec Liquefied petroleum gases storage Sec Storage of explosives and blasting agents prohibited Sec Appeals Sec New materials, processes or occupancies which may require permits Sec Penalties ARTICLE III. FIREWORKS* Sec License ARTICLE IV. OPEN BURNING* Sec Purpose Sec Definitions Sec Prohibited Burning Sec Recreational Fire Requirements Sec Open Burning Prohibited Sec Exemptions from Open Burning Prohibition Sec Permit process, application, and fees Sec Permit holder responsibility Sec Revocation of permit Sec Burning ban or air quality alert Sec Penalties ARTICLE V. FIRE DEPARTMENT* Sec Established Sec Appointments Sec Duties of the fire inspector Sec Duties of the fire chief Sec Records Sec Practice drills Sec Assistant fire chief Sec Firefighters Sec Loss of membership Sec Compensation Sec Relief association Sec Interference with department Chapter 19 RESERVED Chapter 20 LAW ENFORCEMENT* Sec Purpose ARTICLE I. IN GENERAL ARTICLE II. POLICE DEPARTMENT* Sec Established Sec Duties ARTICLE III. APPLICANT CRIMINAL HISTORY BACKGROUND CHECKS DIVISION 1. APPLICANTS FOR CITY EMPLOYMENT Sec Purpose Sec Criminal history employment background investigations Sec Employment positions DIVISION 2. APPLICANTS FOR CITY LICENSES Sec Purpose Sec Criminal history license background investigations Sec City licenses Sec Date of Effect ARTICLE IV. SOCIAL HOST ORDINANCE DIVISION 1. SOCIAL HOST ORDINANCE Sec Purpose and Findings Sec Authority Sec Definitions Sec Prohibited Acts Sec Exceptions, Defenses Sec Enforcement Sec Severability Sec Penalty Sec Publication vi

7 Sec Effective Date Chapter 21 RESERVED Chapter 22 OFFENSES AND MISCELLANEOUS PROVISIONS* ARTICLE I. IN GENERAL Sec Loitering Sec Shooting and Carrying of Firearms and Weapons Regulated: Sec Definitions: Sec Permitted Use of Firearms: Sec Prohibitions: Sec Dangerous Weapons: Sec Penalty: ARTICLE II. CURFEW Sec Established Sec Defenses Sec Adult's liability Sec School nights Sec Penalty ARTICLE III PUBLIC INDECENCY Sec Purpose Sec Findings Sec Definitions Sec Public indecency prohibited Sec Severability Sec Effective Date Chapter 23 RESERVED Chapter 24 PEDDLERS AND SOLICITORS* Sec License required Sec Application for license Sec License issuance fee Sec Consumer fraud Chapter 25 RESERVED Chapter 26 SOLID WASTE MANAGEMENT* ARTICLE I. IN GENERAL Sec Flytight containers Sec Accumulation Sec Dumping Sec Can placement ARTICLE II. COLLECTION* DIVISION 1. GENERALLY Sec Definitions Sec Insurance Sec Trucks and motor vehicles Sec Disposition of garbage Sec Regulations compliance Sec Inspection of vehicles Sec Bond DIVISION 2. LICENSE* Sec Required Sec License Sec Revocation Chapter 27 RESERVED Chapter 28 SPECIAL ASSESSMENTS* Sec Legislative intent Sec General assessment policies Sec Classification of projects Sec Financing improvements Sec Distribution of assessments Sec Assessment procedures Sec Federal, state and county aid use; application Sec Water and sewer stubs; installation Sec Assessment policy manual Chapter 29 RESERVED Chapter 30 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* vii

8 ARTICLE I. IN GENERAL Sec Refuse Sec Council regulations ARTICLE II. SIDEWALK REPAIR Sec Duty of owner of abutting premises Sec Notice of disrepair Sec Failure to repair Sec Cost of repairs ARTICLE III. EXCAVATIONS AND STREET OPENINGS Sec Licenses Sec License conditions Sec Penalties ARTICLE IV. STREET NAMING AND NUMBERING* Sec Uniform naming and numbering system Sec Assignment of names and numbers Sec Administration ARTICLE V. RIGHT-OF-WAY MANAGEMENT Sec Findings, Purpose, and Intent Sec Election to Manage the Public Rights-of-Way Sec Definitions Sec Administration Sec Registration and Right-of-Way Occupancy Sec Registration Information Sec Reporting Obligations Sec Permit Requirement Sec Permit Applications Sec Issuance of Permit; Conditions Sec Permit Fees Sec Right-of-Way Patching and Restoration Sec Joint Applications Sec Supplementary Applications Sec Other Obligations Sec Denial of Permit Sec Installation Requirements Sec Inspection Sec Work Done Without a Permit Sec Supplementary Notification Sec Revocation of Permits Sec Mapping Data Sec Location and Relocation of Facilities Sec Pre-excavation Facilities Location Sec Damage to Other Facilities Sec Right-of-Way Vacation Sec Indemnification and Liability Sec Abandoned and Unusable Facilities Sec Appeal Sec Severability Sec Waiver Sec Franchise Required Chapter 31 RESERVED Chapter 32 SUBDIVISIONS* ARTICLE I. GENERAL PROVISIONS Sec Reference Sec Application Sec Purpose Sec Interpretation Sec Conflict Sec Registered Land Surveys Sec Conveyance by Metes and Bounds Sec Exceptions for Single Lot Division Sec Lot Splits Sec Amendments Sec Government Filings Sec Separability Sec Rules Sec Building Permits Sec Enforcement and Penalty ARTICLE II. DEFINITION OF TERMS Sec Definitions viii

9 ARTICLE III. PLATTING PROCEDURE DIVISION 1. THE SKETCH PLAN Sec Sketch Plan DIVISION 2. THE PRELIMINARY PLAT Sec Preparing and Submitting the Preliminary Plat Sec Preliminary Plat Review Committee Sec Preliminary Plat Review Process Sec Identification and Description Sec Existing Conditions Sec Design Features Sec Other information Sec Preparation of Environmental Assessments DIVISION 3. THE FINAL PLAT Sec Preparing and Submitting the Final Plat Sec Review of the Final Plat ARTICLE IV. PARK, TRAIL AND OPEN SPACE DEDICATION Sec Public Sites and Open Spaces Sec Park, Trail, and Open Space Dedication Sec Parkland Dedication Sec Residential Platted Subdivisions Sec Application to Planned Unit Developments (PUD's) Sec Application to Resubdivision Sec Commercial/Industrial Parkland Dedication Sec Required Improvements and Park Dedication Credit Sec Standards for Accepting Dedication of Land for Public Park Purposes Sec Agreement as to Dedication Sec Joint Park Planning Board ARTICLE V. MINIMUM STANDARDS Sec Application Sec Land Requirements Sec Soil Erosion and Drainage Plans Sec Street Plan Sec Cul-De-Sac Streets Sec Street Design Sec Restriction of Access Sec Intersection Spacing Sec Deflections Sec Grades Sec Vertical and Horizontal Curves Sec Intersections Sec Curb and Gutter on Urban Design Streets Sec Utilities Sec Drainage Sec Easements Sec Street Names Sec Block Requirements Sec Lot Requirements ARTICLE VI. IMPROVEMENTS Sec Required Improvements Sec Sewer and Water in Areas with Municipal Sewer/Water Availability Sec Sewer and Water in Rural and Urban Areas where Municipal Systems are not Currently Available Sec Street Signs Sec Miscellaneous Facilities Sec Payment for Installation of Improvements Sec Agreement Providing for the Installation of Improvements Sec Release of Financial Securities Sec Insurance Sec Construction Plans and Inspection Sec Improvements Completed Prior to Approval of the Plat Sec Alternate Installation and Incomplete Improvements Sec Acceptance of Improvements ARTICLE VII. OTHER TYPES OF DEVELOPMENTS Sec Planned Unit Developments and Cluster Developments Sec Condominium Plats ARTICLE VIII. REPEAL AND DATE OF EFFECT Sec Repeal of Previous Subdivision Ordinance Sec Date of Effect Chapter 33 RESERVED Chapter 34 TRAFFIC* ix

10 ARTICLE I. IN GENERAL Sec State act adopted by reference ARTICLE II. OPERATION Sec Unnecessary acceleration ARTICLE III. PARKING* DIVISION 1. GENERALLY Sec Definitions Sec Parking during snow removal Sec Owner responsible Sec Moving of vehicle required Sec Impounding vehicles Sec Trucks Sec Parking and Storage Prohibition Sec Penalties DIVISION 2. SNOW REMOVAL Sec Prohibition ARTICLE IV. SNOWMOBILES AND OFF-ROAD VEHICLES RULES AND REGULATIONS DIVISION 1. SNOWMOBILES Sec Definitions Sec Uses specifically prohibited Sec Crossing a public road right-of-way Sec Traffic ordinances applicable Sec Yielding right-of-way Sec Operation; persons under Sec Equipment required Sec Ignition lock Sec Emergencies, operation permitted Sec Uses prohibited; animals Sec Established Riding Area Sec Exemptions DIVISION 2. OFF ROAD VEHICLES Sec Definitions Sec Uses specifically prohibited Sec Crossing a public road right-of-way Sec Traffic ordinances applicable Sec Yielding right-of-way Sec Youthful Operators Sec Equipment required Sec Ignition lock Sec Emergencies, operation permitted Sec Uses prohibited; animals Sec Established Riding Area Sec Exemptions ARTICLE V. RECREATIONAL MOTOR SCOOTER, MOTORIZED PUSH SCOOTER AND MOTORIZED SKATEBOARD RULES AND REGULATIONS Sec Purpose and intent Sec Unlawful Operation - 50 CC Motors or Less Chapter 35 RESERVED Chapter 36 UTILITIES* ARTICLE I. IN GENERAL ARTICLE II. WATER* Sec Permit applications and fees Sec Tapping charge Sec Meters Sec Charges reserved Sec Location Sec Ownership Sec Unlawful to tamper with meter Sec Implied consent to rules, regulations and rates Sec Meter reading, billing and penalties Sec Faulty meters Sec Leak in service line Sec Connection availability Sec Installation of meters Sec City not liable Sec Billing regulations Sec Turning on water Sec Property assessments Sec Water rates x

11 Sec Discontinuance of service for violations Sec Deficiency of water and shutting off water Sec Turning on water limited Sec Supply from one service Sec Tapping of mains prohibited Sec Repair of leaks Sec Abandoned services; penalties Sec Service pipes Sec Use of fire hydrants Sec Private water supplies Sec Restricted hours for sprinkling Sec Water fee required Sec Lawn Watering Regulations ARTICLE III. SEWER* Sec Connection required Sec Use of certain buildings restricted Sec Existing wastewater disposal Sec Types of waste prohibited Sec Interceptors Sec Industrial wastes Sec Discharge of surface waters prohibited Sec Certain connections prohibited Sec Entry upon private property Sec Rates and charges Sec Payment of charges Sec Action to collect charges Sec Supervision of connections Sec Connection permits Sec Property assessments before connection Sec Sewer connections Sec Material and construction requirements to be observed Sec Materials Sec Grades Sec Alignment Sec Trenching and backfilling Sec Use of old house sewers Sec Connections at Y only Sec Tunneling Sec Independent system required Sec Exception to requirement of independent system Sec Repair of public right-of-way Sec Costs and expenses Sec Owner responsibility Sec Enforcement ARTICLE IV. SURFACE WATER MANAGEMENT UTILITY* Sec General operation Sec Definitions Sec Establishment of fees Sec Adjustment of fees Sec Exemptions Sec Mailing statement of charges Sec Fee appeal Sec Penalties for delinquent payments of fees Sec Annual certification of delinquent accounts ARTICLE V SUBSURFACE SEWAGE TREATMENT SYSTEMS DIVISION 1. TITLE Sec Title DIVISION 2. PURPOSE Sec Purpose DIVISION 3. AUTHORITY Sec Authority DIVISION 4. DEFINITIONS AND ACRONYMS Sec Definitions DIVISION 5. GENERAL PROVISIONS Sec Scope Sec Management DIVISION 6. GENERAL REQUIREMENTS Sec Effective Date Sec Minimum Soil Test Area Requirements Sec Upgrade, Repair, and Replacement Requirements xi

12 Sec SSTS in Floodplains Sec Class V Injection Wells Sec SSTS Licensing Sec Prohibitions Sec Maintenance DIVISION 7. SSTS STANDARDS Sec Standards Adopted by Reference Sec Amendments to the Adopted Standards Sec Determination of Hydraulic Loading Rate and SSTS Sizing Sec Holding Tanks DIVISION 8. SSTS CONSTRUCTION PERMITS Sec Permits Required Sec Activities Not Requiring a Permit Sec SSTS Permit Required to Obtain Building Permit Sec Permit Application Requirements Sec Application Review and Response Sec Appeal Sec Permit Expiration Sec Extensions and Renewals Sec Suspension or Revocation Sec Posting DIVISION 9. MANAGEMENT PLANS Sec SSTS Requiring Management Plans Sec Required Contents of a Management Plan DIVISION 10. OPERATING PERMIT Sec Operating Permit Required Sec SSTS Requiring an Operating Permit Sec Operating Permit Application Requirements Sec Operating Permit Expiration and Renewal Sec Transfers Sec Monitoring Sec Issuance of Certificate of Completion DIVISION 11. ABANDONMENT CERTIFICATION Sec Abandonment Requirements DIVISION 12. COMPLIANCE INSPECTIONS Sec Compliance Inspections Sec Circumstances Which Require a Compliance Inspection Sec Compliance Inspection Requirements Sec Compliance Criteria for Existing SSTS Sec Certificate of Compliance Sec Point of sale requirements: Existing Private Wells Sec Contaminated wells DIVISION 13. CONSTRUCTION INSPECTIONS Sec New Construction or Replacement General Requirements Sec Trench, Pressure Bed, and Chamber Systems Sec Holding Tank Sec At-Grade and Mound Systems Sec Reusing Tank Sec Point of Sale Inspection Requirements for Transfer of Property DIVISION 14. LAND APPLICATION OF SEPTAGE Sec Definitions Sec Scope and Jurisdiction Sec General Provisions Sec Permit Sec Requirements for Land Application Sites Sec Required Land Application Methods Sec Grease Trap Wastes Sec Record Keeping and Reporting DIVISION 15. ENFORCEMENT AND VIOLATIONS Sec Access Sec Stop Work Orders Sec Violation Sec Civil and Other Action DIVISION 16. COSTS AND REIMBURSEMENTS Sec Cost and reimbursements DIVISION 17. ADMINISTRATION Sec Fees Sec Interpretation Sec Variances and Appeals Sec Severability xii

13 Sec Abrogation and Greater Restrictions Sec Repealer Sec Date of Effect Chapter 37 RESERVED Chapter 38 VEGETATION* ARTICLE I. IN GENERAL ARTICLE II. CONTROL OF INVASIVE SPECIES TREE PESTS DIVISION 1. GENERALLY Sec Definitions Sec Nuisances declared Sec Nuisance prohibited Sec Inspections; right to enter Sec Abatement on public property Sec Abatement on private property Sec Collection of assessment Sec Interference prohibited Sec Reporting discovery of invasive species tree pests Sec Registration of tree care firms Chapter 39 RESERVED Chapter 40 ZONING* ARTICLE I. TITLE Sec Reference Sec Provisions ARTICLE II. INTENT AND PURPOSE Sec Defined ARTICLE III. APPLICATION Sec Relation to Comprehensive Plan Sec Standard Requirement Sec Minimum Requirements Sec Conformity with Provisions Sec Building Permits Sec Conditional Uses, Variances, and Amendments Sec Uses Not Provided for Within Zoning Districts Sec Separability Sec Rules ARTICLE IV. DEFINITION OF TERMS Sec Definitions ARTICLE V. ADMINISTRATION AND ENFORCEMENT DIVISION 1. ADMINISTRATION Sec Administrative Officer Sec Duties of the Zoning Administrator Sec Zoning, Building and Construction Permits Required Sec Permits, Applications, Licenses and Administrative Services Sec Certificate of Occupancy Sec Administrative Costs DIVISION 2. PLANNING COMMISSION Sec Membership and Terms Sec Function of the Planning Commission DIVISION 3. BOARD OF APPEALS Sec Creation of Board of Appeals Sec Duties of Board of Appeals DIVISION 4. SITE PLAN REVIEW Sec Site Plan Review Sec Approval required Sec Application Sec Environmental Reviews Sec Planning Commission Review Sec City Council review Sec General criteria and standards for site plan review Sec Security deposit required Sec Terms of approval Sec Amendments to an approved site plan Sec Review of minor amendments Sec Review of major amendments DIVISION 5. MIXED USE DEVELOPMENTS Sec Master Development Plan Review Sec Application xiii

14 Sec Public Hearing and Planning Commission review Sec City Council review Sec General Criteria and standards for master development plan review Sec Environmental Review DIVISION 6. CONDITIONAL USE PERMITS Sec Procedure Sec Application Sec Public Hearing and Disposition Sec Lapse of Conditional Use Permit by Non-Use Sec Amended Conditional Use Permit Sec Revocation of a Conditional Use Permit Sec Performance Bond DIVISION 7. VARIANCES Sec Procedure Sec Lapse of Variance Sec Performance Bond DIVISION 8. APPEALS Sec Appeals, Procedure Sec Lapse of Appeal DIVISION 9. ZONING AMENDMENTS Sec Initiation of Amendments Sec Procedure DIVISION 10. ENFORCEMENT Sec Penalties and Violations ARTICLE V. ZONING DISTRICT PROVISIONS DIVISION 1. ZONING DISTRICT PROVISIONS - GENERALLY Sec Establishment of Districts Sec Map Sec Alterations of City Boundaries Sec Zoning District Boundaries Sec District Regulations DIVISION 2. AGRICULTURE DISTRICT (A) Sec Purpose Sec Permitted Uses Sec Conditional Uses Sec Interim Conditional Uses Sec Accessory Uses Sec Height, Yard Area and Lot Width and Depth Regulations Sec Architectural Standards Sec Landscape Standards DIVISION 3. RURAL RESIDENTIAL I DISTRICT (R-1) Sec Purpose Sec Permitted Uses Sec Conditional Uses Sec Interim Conditional Uses Sec Accessory Uses Sec Heights, Yard, Area and Lot Width and Depth Regulation Sec Architectural Standards Sec Landscape Standards DIVISION 4. RURAL RESIDENTIAL II DISTRICT (R-2) Sec Purpose Sec Permitted Uses Sec Conditional Uses Sec Interim Conditional Uses Sec Accessory Uses Sec Heights, Yard, Area and Lot Width and Depth Regulation Sec Architectural Standards Sec Landscape Standards DIVISION 5. SINGLE-FAMILY RESIDENTIAL DISTRICT (R-3) Sec Purpose Sec Permitted uses Sec Conditional uses Sec Interim conditional uses Sec Accessory uses Sec Heights, Yard, Area and Lot Width and Depth Regulation Sec Architectural Standards Sec Landscape Standards DIVISION 6 ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT (R-4) Sec Purpose Sec Permitted uses xiv

15 Sec Conditional uses Sec Interim Conditional Uses Sec Accessory uses Sec Heights, Yard, Area and Lot Width and Depth Regulation Sec Architectural Standards Sec Landscape Standards DIVISION 7. MANUFACTURED HOME DISTRICT (R-5) Sec Purpose Sec Conditional Use Permit Required Sec Applications Sec General Provisions Sec Design Standards Sec Operating Conditions DIVISION 8. MEDIUM- AND HIGH-DENSITY HOUSING DISTRICT (R-6) Sec Purpose Sec Permitted uses Sec Conditional uses Sec Accessory uses Sec Heights, Yard, Area and Lot Width and Depth Regulation Sec Architectural Standards Sec Landscape Standards DIVISION 9. CENTRAL BUSINESS DISTRICT (CBD) Sec Purpose Sec Special requirements; enclosure of uses Sec Permitted uses Sec Conditional uses Sec Accessory uses Sec Heights, Yard, Area and Lot Width and Depth Regulation Sec Architectural Standards Sec Landscape Standards DIVISION 10. COMMERCIAL DISTRICT (C) Sec Purpose Sec Permitted uses Sec Conditional uses Sec Accessory uses Sec Dimensional Requirements for Uses with Public Sewer Service Sec Dimensional Requirements for Uses without Public Sewer Service Sec Architectural Standards Sec Landscape Standards DIVISION 11. OFFICE AND HEALTH CARE DISTRICT (OHC) Sec Purpose Sec Services Agreement Sec Permitted uses Sec Conditional uses Sec Accessory uses Sec Heights, Yard, Area and Lot Width and Depth Regulation Sec Architectural Standards Sec Landscape Standards DIVISION 12. MIXED USE DISTRICT (MXD) Sec Purpose Sec Permitted uses Sec Conditional uses Sec Interim conditional uses Sec Accessory uses Sec Design and review process Sec Design requirements Sec Dimensional requirements DIVISION 13. INDUSTRIAL DISTRICT (I) Sec Purpose Sec Permitted uses Sec Conditional uses Sec Interim conditional uses Sec Accessory Uses Sec Dimensional Requirements for Uses with Public Sewer Service Sec Dimensional Requirements for Uses without Public Sewer Service Sec Architectural Standards Sec Landscape Standards DIVISION 14. HIGHWAY 8 CORRIDOR OVERLAY DISTRICT (H0) Sec Purpose Sec District Application xv

16 Sec Access Management Sec Permitted Uses Sec Lot Size Sec Lot Width Sec Structure Setbacks DIVISION 15. CARLOS AVERY WILDLIFE DISTRICT Sec Purpose Sec District Application Sec Permitted Uses Sec Lot Size Sec Lot Width Sec Setbacks from Carlos Avery Wildlife Management Area Boundary DIVISION 16. SHORELAND DISTRICT Sec Purpose Sec District Application Sec Boundaries Sec Water Bodies Included in the Shoreland District Sec Shoreland Classification System and Land Use Districts Sec Permits Required Sec Planned Unit Developments Sec Revisions and Amendments to Land Use or District Boundaries Sec Lot Area and Width Standards Sec Structure and Sewage System Minimum Setback from the Ordinary High Water Level Sec Additional Structure Setbacks Sec Accessory Structures and Uses Sec Shoreland Alterations Sec Placement and Design of Roads Sec Agricultural Use Standards Sec Forest Management Standards Sec Extractive Use Standards Sec Standards for Commercial, Industrial, Public, and Semi-Public Uses Sec Stormwater Management Sec Mining of Metallic Minerals and Peat, as Defined by Minnesota Statues, Section to Sec Projections in Water Sec Elevation of Lowest Floor Sec Maximum Building Height Sec Notification of Variances and Conditional Uses Sec Water Supply and Sewage Treatment Sec Substandard Lots Sec Surface Zoning of Heims Lake DIVISION 17. FLOODPLAIN DISTRICT Sec Statutory authorization, findings of fact and purpose Sec General provisions Sec Establishment of zoning districts Sec Reserved for future use Sec Standards for flood fringe permitted uses Sec Reserved for future use Sec Subdivisions Sec Public utilities, railroads, roads, and bridges Sec Manufactured homes and manufactured home parks and placement of recreational vehicles Sec Administration Sec Nonconforming uses Sec Penalties for violation Sec Amendments DIVISION 18. PLANNED UNIT OVERLAY DISTRICT (PUD) Sec Purpose and Scope Sec Authorization Sec Conditional Use Permit Required Sec Allowed uses Sec Required standards; city considerations Sec Coordination with subdivision regulations; simultaneous review Sec Revisions and/or changes Sec General Regulations Sec Site Design Sec Standards for Common Open Space Sec Conveyance and Maintenance of Common Open Space Sec Required Covenants, Easements, and Provisions in Plan Sec Guarantee the Provision of Common Open Space Sec Guarantee of performance Sec Phased development xvi

17 Sec Final Approval Sec Final Action by Applicant Sec Control of Planned Unit Development Following Acceptance Sec Amendments to the Final Development Plan Sec Failure to Begin Planned Unit Development DIVISION 19. RESIDENTIAL CLUSTER DEVELOPMENT IN THE AGRICULTURE DISTRICT Sec Purpose: Sec Density and Lot Requirements: Sec Conditional Use Permit Required: Sec Height, Yard, Area, and Lot Width and Depth Regulations: Sec Subdivision Design Sec Development Planning Sec Common Open Space DIVISION 20 CLOSED LANDFILL RESTRICTED (CLR) DISTRICT Sec Purpose Sec Uses and Regulations Sec Amendments ARTICLE VII. GENERAL BUILDING AND PERFORMANCE REQUIREMENTS DIVISION 1. ACCESSORY STRUCTURES AND USES Sec Residential and Shoreland Zones Sec Setback Requirements Sec Sanitary Facilities Sec Accessory Buildings Prior to Principal Building Sec Size of Non-Agricultural Accessory Buildings Sec Building Permit Required Sec Commercial Storage Sec Building Design Standards DIVISION 2. ADULT USES Sec Purpose Sec Definitions Sec General Provisions Sec Sexually Oriented Uses, Principal Sec Sexually Oriented Uses, Accessory DIVISION 3. AGRICULTURAL OPERATIONS Sec Nonconforming Agricultural Operations Sec Irrigation System Permits DIVISION 4. ANTENNAS Sec Satellite Dish Antennas Sec Conditional Use Permit Application Requirements, Amateur Radio Antenna DIVISION 5. ARCHITECTURAL STANDARDS Sec Scope Sec Architectural standards Sec Additions and Repairs to Existing Buildings DIVISION 6. BUILDING REQUIREMENTS Sec Building Size and Architectural Requirements DIVISION 7. DEVELOPMENT IN FIRE PRONE AREAS Sec Purpose Sec Fire Prone Areas Sec Regulations for Developments in Fire Prone Areas DIVISION 8. DRIVE-IN OR DRIVE-THROUGH BUSINESSES Sec Purpose Sec Site Plan Requirements Sec Design Standards Sec General Sec Location Sec Drive-in Theater Sec Lighting DIVISION 9. ENVIRONMENTAL EFFECTS Sec Environmental Effects Sec Protection Sec Noise Sec Odor Sec Glare Sec Exterior lighting Sec Smoke, dust, fumes, or gases Sec Hazard Sec Water supply Sec Waste Sec Testing DIVISION 10. ESSENTIAL SERVICES xvii

18 Sec Permit Required Sec Conditional Use Permit Required Sec Solar Energy Systems General Provisions Sec Definitions Sec Types of Solar Energy Systems Sec Solar Energy System Overlay District Sec Solar Energy System Overlay Standards Sec Additional Standards Sec Solar Site Permit Requirements Sec Conditional Use Permit (CUP) Requirements DIVISION 11. EXTERIOR STORAGE Sec Storage or Screening Requirements Sec Conditional Use Permit May Be Required Sec Bulk Storage Liquid Sec Explosive Materials DIVISION 12. FENCES Sec Special requirements Sec Fences Located in Residential Districts Sec Fences Located in Non-Residential Districts Sec Prohibited Fences Sec Swimming pool fencing Sec Swimming pool fencing exception DIVISION 13. HOME OCCUPATIONS Sec Purpose Sec Permitted Home Occupations Sec Interim Conditional Use Permit Required Sec Performance Standards Sec Review by Planning Commission DIVISION 14. LANDSCAPING AND WOODLAND PRESERVATION Sec Landscaping On A Lot Sec Landscaping in all Districts Sec Landscaping Maintenance Sec Double Fronted Lots Sec Vegetated Buffers Sec Landscaping Regulations Sec Woodland Preservation Regulations DIVISION 15. LIGHTING Sec Purpose Sec Exemptions Sec Non-Conforming Uses Sec Intensity Sec Method of Measuring Light Intensity Sec Performance Standards Sec Outdoor Recreation Sec Submission of Plans DIVISION 16. LOTS OF RECORD Sec Lots of Record DIVISION 17. MINERAL EXTRACTION Sec Purpose Sec Definitions Sec Mineral Extraction Permit Required Sec Exceptions from Permit Requirements Sec Permit Application Requirements Sec Application Sec Security Sec Annual certification Sec Use Restrictions Sec Mineral Extraction Performance Standards Sec Land Rehabilitation Plans DIVISION 18. MOTOR VEHICLE DEALERSHIP Sec Purpose Sec Conditional Use Permit Required Sec Surface Drainage Plans and Improvements Sec Lot Requirements Sec Access Driveways Sec Screening Sec Landscaping Sec Curbing Sec Surfacing Sec Parking xviii