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TITLE XV: LAND USAGE

Chapter

150. BUILDING CODE

151. ZONING-obsolete(see new code)

152. FLOOD PLAIN ZONING

153. AIRPORT ZONING

154. SHORELAND MANAGEMENT

155. RENTAL PROPERTY LICENSING

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CHAPTER 150: BUILDING CODE

Section

150.01 Adoption of state building code as amended

150.02 Permits

150.03 Additional construction standards

150.04 Enforcement

150.05 License Required

150.99 Penalty

§ 150.01 ADOPTION OF STATE BUILDING CODE AS AMENDED

AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS

ORDINANCE: PROVIDES FOR THE APPLICAION, ADMINISTRATION, AND

ENFORCEMENT OF THE MINNESOTA STTE BUILDING CODE BY REGULATING

THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,

MOVING, REMOVAL, DMOLITION, CONVESION, OCCUPANCY, EQUIPMENT, USE,

HEIGHT, AREA, AND MAINTENANC OF ALL BUILDINGS AND/OR STRUCTURES IN

THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND

COLLECION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION

THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT

CONFLICT THEREWITH. THIS ORDINACE SHALL PERPETUALLY INCLUDE THE

MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH

THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL

APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED.

Section 1 Codes adopted by reference. The Minnesota State Building Code, as adopted by the

Commissioner of Administration pursuant to Minnesota Statutes chapter 16B.59 to 16B.75,

including all of the amendments, rules and regulations established, adopted and published from time

to time y 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 ordinance. The Minnesota State Building Code is hereby

incorporated in this ordinance as if fully set out herein.

Section 2 Application, Administration and Enforcement. The application, administration, and

enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall

be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision

1, when so established by this ordinance.

The code enforcement agency of this municipality is called the City of Appleton Building and

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Zoning Department.

This code shall be enforced by the Minnesota Certified Building Official designated by this

municipality to administer the code (Minnesota statute 16B.65) subdivision 1.

Section 3. Permits and Fees. The issuance of permits and the collection of fees shall be as

authorized in Minnesota Statutes, 16B.62, subdivision 1.

Permit fees shall be assessed for work governed by this code in accordance with the fee schedule

adopted by the municipality. In addition, a surcharge fee shall be collected on all permits issued for

work governed by this code in accordance with Minnesota statute 16B.70.

Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota statutes

16B.69.

Section 5. Building Code Optional Chapters. The Minnesota State Building Code, established

pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the municipality to adopt by reference and

enforce certain optional chapters of the most current edition of the Minnesota State Building Code.

The following optional provision identified in the most current edition of the State Building Code

are hereby adopted and incorporated as part of the building code for this municipality.

1.

2.

3.

§ 150.02 PERMITS

(A) Building Permits Required. It is unlawful for any person to erect, construct, enlarge,

alter, repair, move, improve, remove, convert, or demolish any building or structure or any part or

portion thereof, including, but not limited to the plumbing, electrical, ventilating, heating or air

conditioning systems therein, or cause the same to be done, without first obtaining a separate

building or mechanical permit for each building, structure or mechanical components from the City.

The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes

16B.62, Subd. 1, and as provided by separate Resolution of the City and Minnesota Rules, parts

1305.0106 and 1305.0107.

(B) Permit Fees. Permit Fees shall be assessed for work governed by this Code in accordance

with the City Policies and Fee Schedules as adopted by the City Council by Resolution. In addition,

a State surcharge fee shall be collected on all permits issued for work governed by this Code in

accordance with Minnesota Statutes 16B.70. A copy of the Resolution adopted by the Council

setting fees shall be in the City Administrative Office, available for inspection by the public and

shall be uniformly enforced.

(C) Exterior Work. All exterior work assigned to a building permit, must be completed

within one year from the date the permit was issued.

Penalty, see § 150.99

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§ 150.03 ADDITIONAL CONSTRUCTION STANDARDS

Any structure designed to be used as a dwelling shall have, in addition to all other requirement,

the following:

(A) Shall be supported on a minimum average width and permanent continuance perimeter

foundation of not less than twenty (20) feet.

(B) A minimum of 800 square feet for a single-family unit.

(C) Conventional siding, lapping the foundation by a minimum of one inch.

(D) Anchorage in accordance with Minnesota Statutes.

(E) A pitched roof with a minimum slope of three (3) inches of rise per each twelve (12)

inches of horizontal run, the same covered with shingles, tile, or approved metal roofing or other

approved material with a minimum of ten (10) inch eaves.

§150.04 ENFORCEMENT

There is hereby created the Department of Building Inspection. The Council shall appoint a

City Building Inspector who shall be in charge of said Department. Enforcement of said UNIFORM

HOUSING and PLUMBING CODE shall be made and had through the City Building Inspector who

is hereby designated as the Chief Housing Inspector and by such assistant housing inspector as may

be from time to time appointed by such Building Inspector with the approval of the City Council.

The Chief Housing Inspector may from time to time adopt rules and regulations in conformity

with said ordinances deigned for the proper enforcement thereof, said rules to be approved by the

City Council.

§ 150.05 LICENSE REQUIRED

No person, firm or corporation shall do any work covered by this Ordinance unless such

person, firm or corporation has in effect all proper State or Federal licenses required for the doing

of such work.

§ 150.99 PENALTY

Any person violating any provision of said ordinance or any regulation thereunder, shall be

guilty of a misdemeanor. Each day of any continued violation of any part of said ordinance or any

regulation thereunder, shall be interpreted a separate violation.

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CHAPTER 151: ZONING(see new code)

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CHAPTER 152: FLOOD PLAIN ZONING

Section

152.01 Statutory authorization, findings of fact and purpose

152.02 General provisions

152.03 Establishment of zoning districts

152.04 Floodway district (FW)

152.05 Flood fringe district (FF)

152.06 Reserved for future use

152.07 Subdivisions

152.08 Utilities, railroads, roads and bridges

152.09 Manufactured homes/travel trailers and travel vehicles

152.10 Administration

152.11 Nonconforming uses

152.12 Penalties for violation

152.13 Amendments

§ 152.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE.

(A) Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota

Statutes Chapter 104 and M.S. 462.357 delegated the responsibility to local government units to

adopt regulations designed to minimize flood losses. Therefore, the City Council of Appleton,

Minnesota does ordain as follows:

(B) Findings of Fact.

(1) The flood hazard areas of Appleton, Minnesota, 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.

(2) Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable

method of analyzing flood hazards which is consistent with the standards established by the

Minnesota Department of Natural Resources.

(C) Statement of Purpose. It is the purpose of this Ordinance to promote the public health,

safety and general welfare and to minimize those losses described in Section 152.01 (B) (1) by

provisions contained herein.

§ 152.02 GENERAL PROVISIONS

(A) Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the

jurisdiction of the Appleton shown on the Official Zoning Map and/or the attachments thereto as

being located within the boundaries of the Floodway or Flood Fringe Districts.

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(B) Establishment of Official Zoning Map. The Official Zoning Map together with all

materials attached thereto is hereby adopted by reference and declared to be a part of this Ordinance.

The attached material shall include the Flood Insurance Study for the City of Appleton prepared by

the Federal Insurance Administration dated October 1, 1981, and the Flood Boundary and Floodway

Map dated September 1972 and the Flood Insurance Rate Map dated April 1, 1982 therein. The

Official Zoning Map shall be on file in the Office of the Appleton City Clerk and the City of

Appleton.

(C) Regulatory Flood Protection Elevation. 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 flood plain that result from designation of a

floodway.

(D) Interpretation:

(1) In their interpretation and application, the provisions of this Ordinance shall be held to

be minimum requirements and shall be liberally construed in favor of the Governing Body and shall

not be deemed a limitation or repeal of any other powers granted by State Statutes.

(2) 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 and to submit technical evidence.

(E) Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal,

abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this

Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other

ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency

only.

(F) Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the

flood plain districts or land uses permitted within such districts will be free from flooding or flood

damages. This Ordinance shall not create liability on the part of the City of Appleton or any officer

or employee thereof for any flood damages that result from reliance on this Ordinance or any

administrative decision lawfully made thereunder.

(G) Severability. If any section, clause, provision, or portion of this Ordinance is adjudged

unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance

shall not be affected thereby.

(H) Definitions. Unless specifically defined below, words or phrases used in this Ordinance

shall be interpreted so as to give them the same meaning as they have in common usage and so as to

give this Ordinance its most reasonable application.

(1) Accessory Use or Structure. A use or structure on the same lot with, and of a nature

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customarily incidental and subordinate to, the principal use or structure.

(2) Basement. Means any area of a structure, including crawl spaces, having its floor or

base subgrade (below ground level) on all four sides, regardless of the depth of excavation below

ground level.

(3) Conditional Use. Means 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: (a) certain conditions as detailed in the zoning ordinance exist, and (b) the structure

and/or land use conform to the comprehensive land use plan if one exists and are compatible with

the existing neighborhood.

(4) Equal Degree of Encroachment. A method of determining the location of floodway

boundaries so that flood plain lands on both sides of a stream are capable of conveying a

proportionate share of flood flows.

(5) 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.

(6) Flood Frequency. The frequency for which it is expected that a specific flood stage or

discharge may be equaled or exceeded.

(7) Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is

synonymous with the term “floodway fringe” used in the Flood Insurance Study for the City of

Appleton.

(8) Flood Plain. The beds proper and the areas adjoining a wetland, lake or watercourse

which have been or hereafter may be covered by the regional flood.

(9) 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.

(10) Floodway. The bed of a wetland or lake and the channel of a watercourse and those

portions of the adjoining flood plain which are reasonably required to carry or store the regional

flood discharge.

(11) 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 flood

plain which may impede, retard, or change the direction of the flow of water, either in itself or by

catching or collecting debris carried by such water.

(12) Principal Use or Structure. Means all uses or structures that are not accessory uses or

structures.

(13) Reach. A hydraulic engineering term to describe a longitudinal segment of a stream

or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream

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or river between two consecutive bridge crossings would most typically constitute a reach.

(14) Regional Flood. A flood which is representative of large floods known to have

occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on

an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is

synonymous with the term “base flood” used in the Flood Insurance Study.

(15) Regulatory Flood Protection Elevation. 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 flood plain that result from designation

of a floodway.

(16) 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/vehicles not meeting the exemption criteria specified in Section

152.09 (C) (1) of the ordinance and other similar items.

(17) Variance. Means a modification of a specific permitted development standard

required in an official control including this ordinance 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 community’s respective planning and zoning enabling legislation.

§ 152.03 ESTABLISHMENT OF ZONING DISTRICTS

(A) Districts:

(1) Floodway District. The Floodway District shall include those areas designated as

floodway on the Flood Boundary and Floodway Map adopted in Section 152.09 (B).

(2) Flood Fringe District. The Flood Fringe District shall include those areas designated

as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 152.09 (B).

(B) Compliance. 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

Ordinance and other applicable regulations that apply to uses within the jurisdiction of this

Ordinance. Within the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or

conditional uses in Sections 152.04, 152.05 and 152.06 that follow, respectively, shall be prohibited.

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 Ordinance and specifically

Section 152.09;

(2) Modifications, additions, structural alternations or repair after damage to existing

nonconforming structures and nonconforming uses of structures or land are regulated by the general

provisions of this Ordinance and specifically Section 152.11; and

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(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 Ordinance and

specifically as stated in Section 152.10 of this Ordinance.

§ 152.04 FLOODWAY DISTRICT

(A) Permitted Uses:

(1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,

forestry, sod farming, and wild crop harvesting.

(2) Industrial-commercial loading areas, parking areas, and airport landing strips.

(3) Private and pubic 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.

(4) Residential lawns, gardens, parking areas, and play areas.

(B) Standards for Floodway Permitted Uses:

(1) The use shall have low flood damage potential.

(2) The use shall be permissible in the underlying zoning district if one exists.

(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 Section 152.04 (A) above and the uses listed

in Sections 152.04 (C) (2) – (C) (8) below.

(2) Extraction and storage of sand, gravel, and other materials.

(3) Marinas, boat rentals, docks, piers, wharves, and water control structures.

(4) Railroads, streets, bridges, utility transmission lines, and pipelines.

(5) Storage yards for equipment, machinery, or materials.

(6) Placement of fill.

(7) 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 exemptions and

provisions of Section 152.09 (C) of the Ordinance.

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(8) 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) 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

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

contained in Section 152.10 (D) of this ordinance.

(3) The conditional use shall be permissible in the underlying zoning district if one exists.

(4) Fill:

(a) Fill, dredge spoil and all other similar materials deposited or stored in the flood

plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable

method.

(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the

floodway unless a long-term development plan is submitted which includes an

erosion/sedimentation prevention element to the plan.

(c) As an alternative, and consistent with Subsection (b) immediately above, dredge

spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other

materials which would have caused an increase to the stage of the 100-year or regional flood but

only after the Governing Body has received an appropriate plan which assures the removal of the

materials from the floodway based upon the flood warning time available. The Conditional Use

Permit must be title registered with the property in the Office of the County Recorder.

(5) Accessory Structures

(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 flood waters.

1. Whenever possible, structures shall be constructed with the longitudinal axis

parallel to the direction of flood flow, and,

2. 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

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accordance with the FP-1 or PF-2 flood proofing classifications in the State Building Code. As an

alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing

classification in the State 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 proofed accessory

structures must meet the following additional standards, as appropriate:

1. The structure must be adequately anchored to prevent flotation, 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.

(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 Governing Body.

(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 Minnesota Statute,

Chapter 105. Community-wide structural works for flood control intended to remove areas from the

regulatory flood plain 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.

§ 152.05 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 district(s). If no pre-existing, underlying zoning use

districts exist, then any residential or non-residential structure or use of a structure or land shall be a

Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All

Permitted Uses shall comply with the standards for Flood Fringe “Permitted Uses” listed in Section

152.05 (B) and the standards for all Flood Fringe “Permitted and Conditional Uses” listed in Section

152.05 (E).

(B) Standards for Flood Fringe 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 (1) foot below the Regulatory Flood

Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the

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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 Section 152.04 (D) (5).

(3) The cumulative placement of fill where at any one time in excess of one-thousand

(1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional Use,

unless said fill is specifically intended to elevate a structure in accordance with Section 152.05 (B)

(1) of this Ordinance.

(4) The storage of any materials or equipment shall be elevated on fill to the Regulatory

Flood Protection Elevation.

(5) The provisions of Section 152.05 (E) of this Ordinance shall apply.

(C) Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance

with Section 152.05 (B) (1-2) or any use of land that does not comply with the standards in Section

152.05 (B) (3-4) 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 in Sections 152.05

(D) – (E) and 152.10 (D) of this Ordinance.

(D) Standards for Flood Fringe Conditional Uses.

(1) Alternative elevation methods other than the use of fill may be utilized to elevate a

structure’s lowest floor above the Regulatory Flood Protection Elevation. These alternative

methods may include the use of stilts, pilings, parallel walls, etc., 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 structure’s basement or lowest floor if: a) the enclosed area grade

is above-grade on at least one side of the structure; b) is designed to internally flood and is

constructed with flood resistant materials; and c) 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 structure’s 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 State 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 flood water 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 internally flood 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 structure’s walls to provide for

entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than on

foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or

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devices provided that they permit the automatic entry and exit of flood waters.

2. That the enclosed area will be designed of flood resistant materials in

accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely

for building access, parking of vehicles or storage.

(2) Basements, as defined by Section 152.02 (H) (2) of this Ordinance, shall be subject to

the following:

(a) Residential basement construction shall not be allowed below the Regulatory

Flood Protection Elevation.

(b) Non-residential basements may be allowed below the Regulatory Flood

Protection Elevation provided the basement is structurally dry flood proofed in accordance with

Section 152.05 (D) (3) of this Ordinance.

(3) All areas of non-residential 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 State Building Code. Structurally dry flood proofing must meet

the FP-1 and FP-2 flood proofing classification in the State 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 resisting hydrostatic and hydrodynamic loads

and the effects 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 such activities as on-site storage, landscaping, sand and gravel operations,

landfills, roads, dredge spoil disposal or construction of flood control works, an

erosion/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 Governing Body.

The plan must incorporate alternative procedures for removal of the material from the flood plain 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.

(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 Governing Body.

(6) The provisions of Section 152.05 (E) of this shall also apply.

(E) Standards for All Flood Fringe Uses:

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(1) All new principal structures must have vehicular access at or above an elevation not

more than two (2) 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) 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 such facilities to be used by the employees or the general public shall not be granted in the

absence of a flood warning system that provides adequate time for evacuation if the area would be

inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per

second upon occurrence of the regional flood.

(3) 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 Section 152.05 (E) (2) above. In considering permit applications, due

consideration shall be given to needs of an industry whose business requires that it be located in

flood plain areas.

(4) Fill shall be properly compacted and the slopes shall be properly protected by the use

of riprap, 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 — FEMA’s

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) Flood plain developments shall not adversely affect the hydraulic capacity of the

channel and adjoining flood plain 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 Section 152.09

(7) All manufactured homes must be securely anchored to an adequately anchored

foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may

include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This

requirement is in addition to applicable state or local anchoring requirements for resisting wind

forces.

§ 152.06 RESERVED FOR FUTURE USE

§152.07 SUBDIVISIONS

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(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 flood

plain 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 Ordinance and have road access both to the subdivision and to the individual building sites no

lower than two feet below the Regulator 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.

FEMA’s requirements incorporate specific fill compaction and side slop 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.

§ 152.08 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 flood plain shall be flood proofed in accordance with the State

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 flood plain shall comply with Sections 152.04 and 152.05 of this Ordinance. 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 such facilities

are essential to the orderly 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: 1) on–site water supply systems must be designed to minimize or eliminate infiltration of

flood waters into the systems, and 2) new or replacement on-site sewage treatment systems must be

designed to minimize or eliminate infiltration of flood waters into the systems and discharges from

the systems into flood waters and they shall not be subject to impairment or contamination during

times of flooding. Any sewage treatment system designed in accordance with the State’s current

statewide standards for on-site sewage treatment systems shall be determined to be in compliance

with this Section.

§ 152.09 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND

PLACEMENT OF 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 subdivision s by Section 152.07 of this Ordinance.

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(B) The placement of new or replacement manufactured homes in existing manufactured home

parks or on individual lots of record that are located in flood plain districts will be treated as a new

structure and may be placed only if elevated in compliance with Section 152.05 of this Ordinance.

If vehicular road access for pre-existing manufactured home parks is not provided in accordance

with Section 152.05 (E) (1), then replacement manufactured homes will not be allowed until the

property owner(s) develops a flood warning emergency plan acceptable to the Governing Body.

(1) All manufactured homes must be securely anchored to an adequately anchored

foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may

include, but are not to be limited to, use of over-the-top 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

Section 152.09 (C) (1) below shall be subject to the provisions of this Ordinance and as specifically

spelled out in Sections 152.09 (C) (3-4) below.

(1) Exemption. Travel trailers and travel vehicles are exempt from the provisions of this

Ordinance if they are placed in any of the areas listed in Section 152.09 (C) (2) below and further

they meet the following criteria:

(a) Have current licenses required for highway use.

(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.

(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.

(c) Existing condominium type associations.

(3) Travel trailers and travel vehicles exempted in Section 152.09 (C) (1) lose this

exemption when development occurs on the parcel exceeding 500 dollars 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 specified in Sections 152.04 and 152.05 of this Ordinance.

(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 (5) 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

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Floodway or Flood Fringe Districts provided said 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 Section 152.05 (E) (1) of this Ordinance. Any fill placed in a floodway for the

purpose of elevating a travel trailer shall be subject to the requirements of Section 152.04.

(b) All new or replacement travel trailers or travel vehicles not meeting the criteria of

(a) above may, as an alternative, be allowed as a Conditional Use if in accordance with the

following provisions and the provisions of Section 152.10 (D) of this Ordinance. The applicant

must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-

year flood. Said 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. All attendant

sewage and water facilities for new or replacement travel trailers or other recreational vehicles must

be protected or constructed so as to not be impaired or contaminated during times of flooding in

accordance with Section 152.10 (D) (6) of this Ordinance.

§ 152.10 ADMINISTRATION

(A) Zoning Administrator. A Zoning Administrator designated by the Governing Body shall

administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the

provisions of this Ordinance, the Zoning Administrator shall notify the person responsible for such

violation in accordance with the procedures stated in Section 151.16 of this Ordinance.

(B) Permit Requirements.

(1) Permit Required. A Permit issued by the Zoning Administrator in conformity with

the provisions of this Ordinance 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 flood plain.

(2) 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.

(3) 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.

(4) Certificate of Zoning Compliance for a New, Altered or Nonconforming Use. It shall

be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part

thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure

until a Certificate or Zoning Compliance shall have been issued by the Zoning Administrator that

the use of the building or land conforms to the requirements of this Ordinance.

(5) Construction and Use to be as Provided on Applications, Plans, Permits, Variances

and Certificates of Zoning Compliance. Permits, Conditional Use Permits, or Certificates of Zoning

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Compliance issued on the basis of approved plans and applications authorize only the use,

arrangement, and construction set forth in such 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 Ordinance, and punishable as Provided by Section

152.12 of this Ordinance.

(6) 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 Ordinance. Flood

proofing measures shall be certified by a registered professional engineer or registered architect.

(7) 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 alternations or

additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a

record of the elevation to which structures and alternations or additions to structures are flood

proofed.

(C) Board of Adjustment.

(1) Rules. The Board of Adjustment shall adopt rules for the conduct of business and

may exercise all of the powers conferred on such Boards by State law.

(2) Administrative Review. The Board 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 Ordinance.

(3) Variance. The Board may authorize upon appeal in specific cases such as relief or

variance from the terms of this Ordinance 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 such 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 that 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.

(4) Hearings. 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 shall fix a reasonable time for

a hearing and give due notice to the parties in interest as specified by law. The Board 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 days notice of the hearing.

(5) Decisions. The Board shall arrive at a decision on such appeal or Variance within

sixty (60) days. In passing upon an appeal, the Board may, so long as such action is in conformity

with the provisions of this Ordinance, 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 may prescribe appropriate conditions and safeguards such as those

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specified in Section 152.10 (D) (6) which are in conformity with the purposes of this Ordinance.

Violations of such conditions and safeguards, when made a part of the terms under which the

Variance is granted, shall be deemed a violation of this Ordinance punishable under Section 152.12.

A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of

Natural Resources within ten (10) days of such action.

(6) Appeals. Appeals from any decision of the Board may be made, and as specified in

this Community’s Official Controls and also Minnesota Statutes.

(7) Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify

the applicant for a variance that: a) The issuance of a variance to construct a structure below the

base flood level will result in increased premium rates for insurance coverage; and b) Such

notification shall be maintained with a record of all variance actions. A community shall maintain a

record of all variance actions, including justification for their issuance, and report such variances

issued in its annual or biennial report submitted to the Administrator of the National Flood

Insurance Program.

(D) Conditional Uses. The Appleton City Council shall hear and decide applications for

Conditional Uses permissible under this Ordinance. Applications shall be submitted to the Zoning

Administrator who shall forward the application to the Appleton City Council for consideration.

(1) Hearings. Upon filing with the Appleton City Council an application for a

Conditional Use Permit, the Appleton City Council shall submit by mail to the Commissioner of

Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so

that the Commissioner will receive at least ten days notice of the hearing.

(2) Decisions. The Appleton City Council shall arrive at a decision on a Conditional Use

within 60 days. In granting a Conditional Use Permit, the Appleton City Council shall prescribe

appropriate conditions and safeguards, in addition to those specified in Section 152.10 (D) (6),

which are in conformity with the purposes of this Ordinance. Violations of such 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 Ordinance punishable under Section 152.12. A copy of all decisions

granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural

Resources within ten (10) days of such action.

(3) Procedures to be followed by the Appleton City Council in Passing on Conditional

Use Permit Applications Within All Flood Plain Districts.

(a) Require the applicant to furnish such of the following information and additional

information as deemed necessary by the Appleton City Council for determining the suitability of the

particular site for the proposed use:

1. 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.

2. Specifications for building construction and materials, flood proofing, filling,

dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

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(b) Transmit one copy of the information described in subsection (a) 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.

(c) Based upon the technical evaluation of the designated engineer or expert, the

Appleton City Council shall determine the specific flood hazard at the site and evaluate the

suitability of the proposed use in relation to the flood hazard.

(4) Factors Upon Which the Decision of the Appleton City Council Shall Be Based. In

passing upon Conditional Use applications, the Appleton City Council shall consider all relevant

factors specified in other sections of this Ordinance, and :

(a) The danger to life and property due to increased flood heights or velocities

caused by encroachments.

(b) 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.

(c) The proposed water supply and sanitation systems and the ability of these

systems to prevent disease, contamination, and unsanitary conditions.

(d) The susceptibility of the proposed facility and its contents to flood damage and

the effect of such damage on the individual owner.

(e) The importance of the services provided by the proposed facility to the

community.

(f) The requirements of the facility for a waterfront location.

(g) The availability of alternative locations not subject to flooding for the proposed

use.

(h) The compatibility of the proposed use with existing development and

development anticipated in the foreseeable future.

(i) The relationship of the proposed use to the comprehensive plan and flood plain

management program for the area.

(j) The safety of access to the property in times of flood for ordinary and emergency

vehicles.

(k) The expected heights, velocity, duration, rate of rise, and sediment transport of

the flood waters expected at the site.

(l) Such other factors which are relevant to the purposes of this Ordinance.

5) Time for Acting on Application. The Appleton City Council shall act on an

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application in the manner described above within 60 days from receiving the application, except that

where additional information is required pursuant to Section 152.10 (D) (4) of this Ordinance. The

Appleton City Council shall render a written decision within 60 days from the receipt of such

additional information.

(6) Conditions Attached to Conditional Use Permits. Upon consideration of the factors

listed above and the purpose of this Ordinance, the Appleton City Council shall attach such

conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of

this Ordinance. Such conditions may include, but are not limited to, the following:

(a) Modification of waste treatment and water supply facilities.

(b) Limitations on period of use, occupancy, and operation.

(c) Imposition of operational controls, sureties, and deed restrictions.

(d) Requirements for construction of channel modifications, compensatory storage,

dikes, levees, and other protective measures.

(e) Flood-proofing measures, in accordance with the State Building Code and this

Ordinance. 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.

§ 152.11 NONCONFORMING USES

(A) A structure or the use of a structure or premises which was lawful before the passage or

amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance

may be continued subject to the following conditions:

(1) No such 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 on fill or flood

proofing techniques (i.e. FP-1 thru FP-4 flood-proofing classifications) allowable in the State

Building Code, except as further restricted in 152.11 (A) (3) below.

(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 alternations and additions

constructed since the adoption of the Community’s initial flood plain controls must be calculated

into today’s 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 Section 152.04 or 152.05 of this Ordinance for new structures depending upon

whether the structure is in the Floodway or Flood Fringe, respectively.

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(4) If any nonconforming use is discontinued for 12 consecutive months, any future use

of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning

Administrator in writing of instances of nonconforming uses that have been discontinued for a

period of 12 months.

(5) If any nonconforming use or structure is destroyed by any means, including floods, to

an extent of 50 percent or more if its market value at the time of destruction, it shall not be

reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions

for establishing new uses or new structures in Sections ? or ? will apply depending upon whether the

use or structure is in the Floodway or Flood Fringe District, respectively.

§ 152.12 PENALITES FOR VIOLATIONS

(A) Violation of the provisions of this Ordinance or failure to comply with any of its

requirements (including violations of conditions and safeguards established in connection with

grants or Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable as

defined by law.

(B) Nothing herein contained shall prevent the City of Appleton from taking such other lawful

action as is necessary to prevent or remedy any violation. Such actions may include but are not

limited to:

(1) In responding to a suspected ordinance violation, the Zoning Administrator and Local

Government may utilize the full array of enforcement actions available to it including but not

limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures

or a request to the National Flood Insurance Program for denial of flood insurance availability to the

guilty party. The community must act in good faith to enforce these official controls and to correct

ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood

Insurance Program.

(2) When an ordinance violation is either discovered by or brought to the attention of the

Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and

document the nature and extent of the violation of the official control. As soon as is reasonably

possible, this information will be submitted to the appropriate Department of Natural Resources and

Federal Emergency Management Agency Regional Office along with the community’s plan of

action to correct the violation to the degree possible.

(3) The Zoning Administrator shall notify the suspected party of the requirements of this

Ordinance and all other official Controls and the nature and extent of the suspected violation of

these controls. If the structure and/or use is under construction or development, the zoning

Administrator may order the construction or development immediately halted until a proper permit

or approval is granted by the Community. If the construction or development is already completed,

then the zoning Administrator may either: a) issue an order identifying the corrective actions that

must be made within a specified time period to bring the use or structure into compliance with the

official controls, or b) notify the responsible party to apply for an after-the-fact permit/development

approval within a specified period of time not to exceed 30 days.

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(4) If the responsible party does not appropriately respond to the Zoning Administrator

within the specified period of time, each additional day that lapses shall constitute an additional

violation of this Ordinance and shall be prosecuted accordingly. The zoning Administrator shall

also upon the lapse of the specified response period notify the landowner to restore the land to the

condition which existed prior to the violation of this Ordinance.

§ 152.13 AMENDMENT

The flood plain designation on the Official Zoning Map shall not be removed from flood plain

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 flood plain. Special

exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines

that, through other measures, lands are adequately protected for the intended use.

All amendments to this Ordinance, including amendments to the Official Zoning Map, must be

submitted to and approved by the Commissioner of Natural Resources prior to adoption.

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CHAPTER 153: AIRPORT ZONING

Section

153.01 Purpose and authority

153.02 Short title

153.03 Definitions

153.04 Airspace obstruction zoning

153.05 Land use safety zoning

153.06 Airport zoning map

153.07 Nonconforming uses

153.08 Permits

153.09 Variances

153.10 Hazard marking and lighting

153.11 Airport zoning administrator

153.12 Airport zoning board of adjustment

153.13 Appeals

153.14 Judicial review

153.15 Penalties

153.16 Conflicts

153.17 Severabilty

§ 153.01 PURPOSE AND AUTHORITY.

The Appleton Joint Airport Zoning Board, created and established by joint action of the

Common Council of the City of Appleton, the Board of County commissioners of Swift County and

the Town Boards of Appleton, Shible, Edison and Moyer Townships pursuant to the provisions and

authority of Minnesota Statute 360.063, hereby find and declare that:

(A) An airport hazard endangers the lives and property of users of the Appleton Airport, and

property or occupants of land in its vicinity, and also if of the obstructive type, in effect reduces the

size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to

destroy or impair the utility of the Appleton Airport and the public investment therein.

(B) The creation of establishment of an airport hazard is a public nuisance and an injury to the

region served by the Appleton Airport.

(C) For the protection of the public health, safety, order, convenience, prosperity and general

welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the

creation of establishment of airport hazards.

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(D) The prevention of these airport hazards should be accomplished, to the extent legally

possible, by the exercise of the police power without compensation.

(E) The prevention of the creation or establishment of airport hazards and the elimination,

removal, alteration, mitigation, or marking and lighting of existing airport hazards are public

purposes for which political subdivisions may raise and expend public funds.

§ 153.02 SHORT TITLE.

This ordinance shall be known as “Appleton Airport Zoning Ordinance.” Those sections of

land affected by this Ordinance are indicated in “Exhibit A” which is attached to this Ordinance.

§ 153.03 DEFINITIONS.

As used in this Ordinance, unless the context otherwise requires:

AIRPORT. The Appleton Airport located in Sections 1, 2, 11 & 12, Township 120 North,

Range 43 West, Count of Swift.

AIRPORT ELEVATION. The established elevation of the highest point on the usable landing

area which elevation is established to be 1020.20 feet above mean sea level.

AIRPORT HAZARD. Any structure or tree or use of land that obstructs the airspace required

for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport; and any

use of land that is hazardous to persons or property because of its proximity to the airport.

DWELLING. Any building or portion thereof designed or used as a residence or sleeping

place of one or more persons.

HEIGHT. For the purpose of determining the height limits in all zones set forth in this

Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless

otherwise specified.

LANDING AREA. The area of the airport used for the landing, taking off or taxiing of aircraft.

NONCONFORMING USE. Any pre-existing structure, tree, natural growth, or use of land,

which is inconsistent with the provisions of this Ordinance or an amendment hereto.

NONPRECISION INSTRUMENT RUNWAY. A runway having an existing or planned

straight-in instrument approach procedure utilizing air navigation facilities with only horizontal

guidance, and for which no precision approach facilities are planned or indicated on an approved

planning document.

PERSON. An individual, firm, partnership, corporation, company, association, joint stock

association, or body politic, and includes a trustee, receiver, assignee, administrator, executor,

guardian, or other representative.

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PLANNED. As used in this Ordinance refers only to those proposed future airport

developments that are so indicated on a planning document having the approval of the Federal

Aviation Administration the Department of Transportation, Division of Aeronautics and the City of

Appleton, Minnesota.

RUNWAY. Any existing or planned paved surface or turf covered area of the airport which is

specifically designated and used or planned to be used for the landing and/or taking off of aircraft.

SLOPE. An incline from the horizontal expressed in an arithmetic ratio or horizontal

magnitude to vertical magnitude.

slope = 3:1 = 3ft. horizontal to 1 ft. vertical

STRUCTURE. An object constructed or installed by man, including, but without limitations,

buildings, towers, smokestacks, and overhead transmission lines.

TRAVERSE WAYS. For the purpose of determining height limits as set forth in this

Ordinance shall be increased in height by 17 feet for interstate highways; 15 feet for all other public

roadways; 10 feet of the height of the highest mobile object that would normally traverse the road,

whichever is greater, for private roads; 23 feet for railroads; and for waterways and all other traverse

ways not previously mentioned, an amount equal to the height of the highest mobile object that

would normally traverse it.

FREE. Any object of natural growth.

UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller-

driven aircraft of 12,500 pounds maximum gross weight and less.

VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual

approach procedures, with no straight-in instrument approach procedure and no instrument

designation indicated on an approved planning document.

WATER SURFACES. For the purpose of this Ordinance shall have the same meaning as land

for the establishment of protected zones.

§ 153.04 AIRSPACE OBSTRUCTION ZONING.

(A) Airspace zones. In order to carry out the purpose of this Ordinance as set forth above, the

following airspace zones are hereby established: Primary Zone, Horizontal Zone, Conical Zone,

Approach Zone, Precision Instrument Approach Zone, and Transitional Zone and whose locations

and dimensions are as follows:

(1) Primary zone. All that land which lies directly under an imaginary primary surface

longitudinally centered on a runway and:

(a) Extending 200 feet beyond each end of runway 13/31.

(b) Coinciding with each end of runway 04/22. The elevation of any point on the

primary surface is the same as the elevation of the nearest point on the runway centerline. The

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width of the primary surface is:

(c) 500 feet for runway 13/31.

(d) 250 feet for runway 04/22.

(2) Horizontal zone. All that land which lies directly under an imaginary horizontal

surface 150 feet above the established airport elevation, or a height of 1170.20 feet above mean sea

level, the perimeter of which is constructed by swinging arcs of specified radii from the center of

each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to

those arcs. The radius of each arc is:

(a) 6,000 feet for runways 13/31 and 04/22.

(3) Conical zone. All that land which lies directly under an imaginary conical surface

extending upward and outward from the periphery of the horizontal surface at a slope of 20 to 1 for

a horizontal distance of 4,000 feet as measured radially outward from the periphery of the horizontal

surface.

(4) Approach zone. All that land which lies directly under an imaginary approach surface

longitudinally centered on the extended centerline at each end of a runway. The inner edge of the

approach surface is at the same width and elevation as, and coincides with, the end of the primary

surface. The approach surface inclines upward and outward at a slop of:

(a) 40:1 for runway 13/31.

(b) 20:1 for runway 04/22.

(c) The approach surface expands uniformly to a width of 3,500 feet for runway

13/31 at a distance of 10,000 feet to the periphery of the conical surface and;

(d) 2,250 feet for runway 04/22 at a distance of 10,000 feet to the periphery of the

conical surface.

(5) Transitional zone. All that land which lies directly under an imaginary surface

extending upward and outward at right angles to the runway centerline and center line extended at a

slope of 7 to 1 from the sides of the primary surfaces and from the sides of the approach surfaces

until they intersect the horizontal surface of the conical surface.

(B) Height restrictions. Except as otherwise provided in this Ordinance, and except as

necessary and incidental to airport operations, no structure or tree shall be constructed, altered,

maintained, or allowed to grow in any airspace zone created in ' 154.04 (A) so as to project above

any of the imaginary airspace surfaces described in said ' 154.04 (A) hereof. Where an area is

covered by more than one height limitation, the more restrictive limitations shall prevail.

(C) Boundary limitations. The municipality may regulate the location, size and use of

buildings and the density of population in that portion of an airport hazard area under the approach

zones for a distance not exceeding two miles from the airport boundary and may regulate height

restriction zoning for a distance not to exceed one and one-half (1½) miles beyond the perimeter of

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the airport boundary.

§ 153.05 LAND USE SAFETY ZONING.

(A) Safety zone boundaries. In order to carry out the purpose of this Ordinance, as set forth

above and also, in order to restrict those uses which may be hazardous to the operational safety of

aircraft operating to and from the Appleton Airport, and furthermore to limit population and

building density in the runway approach areas, thereby creating sufficient open space so as to protect

life and property in case of an accident, there are hereby created and established the following land

use safety zones:

(1) Safety Zone A. All land in that portion of the approach zones of a runway, as defined

in ' 154.04 (A) hereof, which extends outward from the end of primary surface a distance equal to

two-thirds of the planned length of the runway as follows:

(a) 2,333 feet for runway 13/31.

(b) 1,867 feet for runway 04/22.

(2) Safety Zone B. All land in that portion of the approach zones of a runway, as defined

in ' 154.04 (A) hereof, which extends outward from Safety Zone A a distance equal to one-third of

the planned length of the runway as follows:

(a) 1,167 feet for runway 13/31.

(b) 933 feet for runway 04/22.

(3) Safety Zone C. All that land which is enclosed within the perimeter of the horizontal

zone, as defined in ' 154.04 (A) hereof, and which is not included in Zone A or Zone B.

(4) Exceptions – Established Residential Neighborhoods. No lands designated as

Established Residential Neighborhoods in Built-Up Urban Areas are located within the Safety

Zones.

(5) Exceptions – Isolated Low Density Residential Building Lots and Low Density

Residential Structures. No exceptions as no areas are designated Established Residential

neighborhoods.

(B) Use restrictions.

(1) General. Subject at all times to the height restrictions set forth in ' 154.04 (B), no use

shall be made of any land in any of the safety zones defined in ' 154.05 (A) which creates or causes

interference with the operations of radio or electronic facilities on the airport or with radio or

electronic communications between airport and aircraft, makes it difficult for pilots to distinguish

between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs

visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or

maneuvering of aircraft.

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(2) Zone A. Subject at all times to the height restrictions set forth in ' 154.04 (B) and to

the general restrictions contained in ' 154.05 (B) (1) areas designated as Zone A shall contain no

buildings, temporary structures, exposed transmission lines, or other similar above-ground land use

structural hazards, and shall be restricted to those uses which will not create, attract, or bring

together an assembly of persons thereon. Permitted uses may include, but are not limited to, such

uses as agriculture (seasonal crops), horticulture, animal husbandry, raising of livestock, wildlife

habitat, light outdoor recreation (non-spectator), cemeteries, and auto parking.

(3) Zone B. Subject at all times to the height restrictions set forth in ' 154.04 (B), and to

the general restrictions contained in ' 154.05 (B) (1), areas designated as Zone B shall be restricted

in use as follows:

(a) Each use shall be on a site whose area shall not be less than tree acres.

(b) Each use shall not create, attract, or bring together a site population that would

exceed 15 times that of the site acreage.

(c) Each site shall have no more than one building plot upon which any number of

structures may be erected.

(d) A building plot shall be a single, uniform and non-contrived area, whose shape is

uncomplicated and whose area shall not exceed the following minimum ratios with respect to the

total site area:

Site Area But Less Ratio or Site Building Plot Max. Site

at Least Than Area to Bldg. Area Population

(Acres) (Acres) Plot Area (sq. ft.) (15 persons/acre)

3 4 12:1 10,900 45

4 6 10:1 17,400 60

6 10 8:1 32,700 90

10 20 6:1 72,600 150

20 and up 4:1 218,000 300

(e) The following uses are specifically prohibited in Zone B: Churches, hospitals,

schools, theaters, stadiums, hotels and motels, trailer courts, camp grounds, and other places of

frequent public or semi-public assembly.

(4) Zone C. Zone C is subject only to height restrictions set forth in ' 154.04 (B), and to

the general restrictions contained in ' 154.05 (B) (1).

(5) Exemptions – Established Residential Neighborhoods. Exemptions deleted as no

Established Residential Neighborhoods are involved.

(C) Boundary limitations. The municipality may regulate the location, size, and use of

buildings and the density of population in that portion of an airport hazard area under the approach

zones for a distance no to exceed two miles from the airport boundary and in other portions of an

airport hazard area not to exceed one mile from the airport boundary.

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§ 153.06 AIRPORT ZONING MAP.

The several zones herein established are shown on the Appleton Airport Zoning Map consisting

of 3 sheets, prepared by Thomas N. Rodeberg, and dated April 1, 1980, attached hereto and made a

part hereof, which map; together with such amendments thereto as may from time to time be made,

and all notations, references, elevations, data, zone boundaries, and other information thereon, shall

be and the same is hereby adopted as part of this Ordinance.

§ 153.07 NONCONFORMING USES.

Regulations not retroactive. The regulations prescribed by this Ordinance shall not be

construed to require the removal, lowering, or other changes or alteration of any structure or tree not

conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with

the continuance of any nonconforming use. Nothing herein contained shall require any change in

the construction, alteration, or intended use of any structure, the construction or alteration of which

was begun prior to the effective date of this Ordinance, and is diligently prosecuted and completed

within two years thereof.

§ 153.08 PERMITS.

(A) Future uses. Except as specifically provided in Paragraph (1) and (2) hereunder, no

material change shall be made in the use of land and no structure shall be erected, altered, or

otherwise established in any zone hereby created unless a permit therefore shall have been applied

for and granted by the zoning administrator, hereinafter, provided for. Each application for a permit

shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to

conform to the regulations herein prescribed. If such determination is in the affirmative, the permit

shall be granted.

(1) However, a permit for a tree or structure of less than 75 feet of vertical height above

the ground shall not be required in the horizontal and conical zones or in any approach and

transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except

when such tree or structure, because of terrain, land contour, or topographic features, would extend

the height of land use limit prescribed for the respective zone.

(2) Nothing contained in this foregoing exception shall be construed as permitting or

intending to permit any construction, alteration, or growth of any structure or tree in excess of any of

the height limitations established by this Ordinance as set forth in ' 154.04 and the land use

limitations set forth in ' 154.05.

(B) Existing uses. Before any existing use or structure may be replaced, substantially altered

or repaired, or rebuilt within any zone established herein, a permit must be secured authorizing such

replacement, change, or repair. No permit shall be granted that would allow the establishment or

creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater

hazard to air navigation that it was on the effective date of this Ordinance or any amendments

thereto, or than it is when the application for a permit is made. Except as indicated, all applications

for such a permit shall be granted.

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(C) Nonconforming uses abandoned or destroyed. Whenever the zoning administrator

determines that a nonconforming structure or tree has been abandoned or more than 80% torn down,

physically deteriorated, or decayed no permit shall be granted that would allow such structure or tree

to exceed the applicable height limit or otherwise deviate from the zoning regulations. Whether

application is made for a permit under this paragraph or not, the zoning administrator may order the

owner of the abandoned or partially destroyed nonconforming structure, at his own expense, to

lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions

of this Ordinance. In the event the owner of the nonconforming structure shall neglect or refuse to

comply with such order for ten days after receipt of written notice of such order, the zoning

administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed

nonconforming structure lowered, removed, reconstructed, or equipped and assess the cost and

expense thereof against the land on which the structure is or was located. Unless such an

assessment is paid within ninety days from the service of notice thereof on the owner of the land, the

sum shall bear interest at the rate of eight percent annum from the date the cost and expense is

incurred until paid, and shall be collected in the same manner as are general taxes.

§ 153.09 VARIANCES.

Any person desiring to erect or increase the height of any structure, or permit the growth of any

tree, or use his property not in accordance with the regulations prescribed in this Ordinance may

apply to the Board of Adjustment, hereinafter provided for, for a variance from such regulations. If

a person submits an application for a variance by certified mail to the members of the Board and the

Board fails to grant or deny the variance within four months after the last member receives the

application, the variance shall be deemed to be granted by the Board. When the variance is granted

by reason of the failure of the Board to act on the variance, the person receiving the variance shall

notify the board and the Commissioner of transportation by certified mail that the variance has been

granted. The applicant shall include a copy of the original application for the variance with this

notice to the Commissioner. The variance shall be effective 60 days after this notice is received by

the Commissioner subject to any action taken by the Commissioner pursuant to Section 360.063,

Subdivision 6. Such variances shall be allowed where it is duly found that a literal application or

enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief

granted would not be contrary to the public interest but do substantial justice and be in accordance

with the spirit of this Ordinance provided any variance so allowed may be subject to any reasonable

conditions that the Board of Adjustment or Commissioner may deem necessary to effectuate the

purpose of this Ordinance.

§ 153.10 HAZARD MARKING AND LIGHTNING.

(A) Nonconforming uses. The owner of any nonconforming structure or tree is hereby required

to permit the installation, operation, and maintenance thereon of such markers and lights as shall be

deemed necessary by the zoning administrator to indicate to the operators of aircraft in the vicinity

of the airport the presence of such airport hazards. Such markers and lights shall be installed,

operated, and maintained at the expense of the City of Appleton.

(B) Permits and variances. Any permit or variance granted by the zoning administrator of

Board of Adjustment as the case may be, may, if such action is deemed advisable to effectuate the

purpose of this Ordinance and be reasonable in the circumstances, so condition such permit or

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variance as to require the owner of the structure or tree in question at his own expense, to install,

operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the

presence of an airport hazard.

§ 153.11 AIRPORT ZONING ADMINISTRATOR.

It shall be the duty of the City Clerk, of the City of Appleton to administer and enforce the

regulations prescribed herein. Applications for permits and variance shall be made to the City Clerk

upon a form furnished by him. Permit applications shall be promptly considered and granted or

denied by him in accordance with the regulations prescribed herein. Variance applications shall be

forthwith transmitted by the City Clerk for action by the Board of Adjustment hereinafter provided

for.

§ 153.12 BOARD OF ADJUSTMENT.

(A) Establishment. The Board of Adjustment’s membership shall consist of one member from

each of the five following entities: The Townships of Appleton, Shible, Edison, and Moyer, and the

City of Appleton. Any new members to the Board of Adjustment shall be appointed by the Town

Board for which the vacancy exists. Of the members first appointed, one shall be appointed for a

term of one year, two for a term of two years, and two for a term of three years. Upon their

appointment the members shall select a chairman to act at the pleasure of the Board. Members shall

be removable by the Joint Airport Zoning board for cause, upon written charges, after a public

hearing.

(B) Power. The Board of Adjustment shall have and exercise the following powers.

(1) To hear and decide appeals from any order, requirement, decision, or determination

made by the Zoning Administrator in the enforcement of this Ordinance.

(2) To hear and decide special exceptions to the terms of this Ordinance upon which such

board of Adjustment under such regulations may be required to pass.

(3) To hear and decide specific variances.

(C) Procedures.

(1) The Board of Adjustment shall adopt rules for its governance and procedure in

harmony with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held

at the call of the Chairman and at such other times as the Board of Adjustment may determine. The

Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of

witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall

keep minutes of its proceedings showing the vote of each member upon each question or if absent or

failing to vote, indicating such fact, and shall keep records of its examinations and other official

actions, all of which shall immediately be filed in the office of the Zoning Administrator and shall

be a public record.

(2) The Board of Adjustment shall make written findings of fact and conclusions of law

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giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming,

or modifying any order, requirement, decision or determination which comes before it under the

provisions of this Ordinance.

(3) The concurring vote of a majority of the members of the Board of Adjustment shall be

sufficient to reverse any order, requirement, decisions or determination of the Zoning Administrator

or to decide in favor of the applicant on any matter upon which it is required to pass under this

Ordinance, or to effect any variation in this Ordinance.

§ 153.13 APPEALS.

(A) Any person aggrieved, or any taxpayer affected by any decision of the Zoning

Administrator made in his administration of this Ordinance may appeal to the Board of Adjustment.

Such appeals may also be made by any governing body of a municipality, county, or airport zoning

board, which is of the opinion that a decision of the Zoning Administrator is an improper

application of this Ordinance as it concerns such governing body or board.

(B) All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s

decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof.

The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers

constituting the record upon which the action appealed from was taken. In addition, any person

aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his

administration of this ordinance who desires to appeal such decision shall submit an application for

a variance by certified mail to the members of the Board of Adjustment in the manner set forth in

Minnesota Statute 360.067, Subdivision 2.

(C) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the

Zoning Administrator certifies to the Board of Adjustment, after notice of appeal has been filed with

it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent

peril to life or property. In such case, proceedings shall not be stayed except by order of the Board

of Adjustment on notice to the Zoning Administrator and on due cause shown.

(D) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public

notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon

the hearing any party may appear in person or by agent or by attorney.

(E) The Board of Adjustment may, in conformity with the provisions of this Ordinance,

reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination

appealed from and may make such order, requirement, decision or determination, as may be

appropriate under the circumstances, and to that end shall have all the powers of the Zoning

Administrator.

§ 153.14 JUDICIAL REVIEW.

Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, or

any governing body of a municipality, county, or airport zoning board, which is of the opinion that a

decision of the Board of Adjustment is illegal may present to the District Court of Swift County a

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verified petition setting forth that the decision or action is illegal, in whole or in part, and specifying

the grounds of the illegality. Such petition shall be presented to the court within 30 days after the

decision is filed in the office of the Board of Adjustment. The petitioner must exhaust the remedies

provided in this Ordinance before availing himself of the right to petition a court as provided by this

action.

§ 153.15 PENALTIES.

Every person who shall construct, establish, substantially change, alter or repair any existing

structure or use, or permit the growth of any tree without having complied with the provision of this

Ordinance or who, having been granted a permit or variance under the provisions of this Ordinance,

shall construct, establish, substantially change or substantially alter or repair any existing growth or

structure or permit the growth of any tree, except as permitted by such permit or variance, shall be

guilty of a misdemeanor and shall be punished by a fine of not more than $500 or imprisonment for

not more than 90 days or by both. Each day a violation continues to exist shall constitute a separate

offense. The Airport Zoning Administrator may enforce all provisions of this Ordinance through

such proceedings for injunctive relief and other relief as may be proper under the laws of Minnesota

Statute 360.073 and other applicable law.

§ 153.16 CONFLICTS.

Where there exists a conflict between any of the regulations or limitations prescribed in this

Ordinance and any other regulations applicable to the same area, whether the conflict be with

respect to the height or structures or trees, the use of land, or any other matter, the more stringent

limitation or regulation shall govern and prevail.

§ 153.17 SEVERABILITY.

(A) In any case in which the provision of this Ordinance, although generally reasonable, are

held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to

such an extent, or to be so onerous in their application to such a structure or parcel of land, as to

constitute a taking or deprivation of that property in violation of the constitution of this state or the

constitution of the United States, such holding shall not affect the application of this Ordinance as to

other structures of this Ordinance are declared to be severable.

(B) Should any section or provision of this Ordinance be declared by the courts to be

unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or

any part thereof other than the parts so declared to be unconstitutional or invalid.

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§ 153.18 COVERAGE.

The Airport Zoning Chapter affects all or a portion of the following sections of land:

NAME AND

NUMBER

OF TOWNSHIP

AIRSPACE OBSTRUCTION

ZONING: Section IV of

Ordinance; page 1 of Zoning

Map.

LAND USE SAFETY

ZONING: Section V of

Ordinance; Page 3 of Zoning

Map.

Shible Township

T N 121

R W 43

Sections: 25, 26, 34, 35, 36

Sections: 35, 36

Moyer Township

T N 121

R W 42

Sections: 30, 31, 32

Sections: 31

Appleton Township

T N 120

R W 43

Sections: 1, 2, 3, 4, 9, 10, 11,

12, 13, 14, 15

Sections: 1, 2, 3, 10, 11, 12,

13, 14

Edison Township

T N 120

R W 42

Sections: 5, 6, 7, 8, 18

Sections: 6, 7

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CHAPTER 154: SHORELAND MANAGEMENT

Section

154.01 Statutory authorization and policy

154.02 General provisions and definitions

154.03 Administration

154.04 Shoreland classifications and land use districts

154.05 Zoning and water supply/sanitary provisions

154.06 Nonconformities

154.07 Subdivision/platting provisions

154.08 Planned unit developments

154.09 Variances

154.10 Hazard marking and lighting

§ 154.01 STATUTORY AUTHORIZATION AND POLICY

(A) Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization

and policies contained in Minnesota Statues, Chapter 103F, Minnesota Regulations, Parts

6120.2500 – 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes,

Chapter 394 (for counties) or Chapter 462 (for municipalities).

(B) Policy. The uncontrolled use of shorelands of the City of Appleton, Minnesota affects the

public health, safety and general welfare not only by contributing to pollution of public waters, but

also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety

and welfare to provide for the wise subdivision, use and development of shorelands of public

waters. The Legislature of Minnesota has delegated responsibility to local governments of the state

to regulate the subdivision, use and development of the shorelands of public waters and thus

preserve and enhance the quality of surface waters, conserve the economic and natural

environmental values of shorelands, and provide for the wise use of waters and related land

resources. This responsibility is here by recognized by the City of Appleton.

§ 154.02 GENERAL PROVISIONS AND DEFINITIONS

(A) Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public

water bodies as classified in Section 154.04 of this ordinance. Pursuant to Minnesota Regulations,

Parts 6120.2500 – 6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities

or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland

39

regulations. A body of water created by a private user where there was no previous shoreland may,

at the discretion of the governing body, be exempt from this ordinance.

(B) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use,

size, type and location of structures on lots; the installation and maintenance of water supply and

waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland

vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance

and other applicable regulations.

(C) Enforcement. The (local government or designated official) is responsible for the

administration and enforcement of this ordinance. Any violation of the provisions of this ordinance

or failure to comply with any of its requirements (including violations of conditions and safeguards

established in connection with grants of variances or conditional uses) shall constitute a

misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur

regardless of whether or not a permit is required for a regulated activity pursuant to Section

154.03(A) of this ordinance.

(D) Interpretation. In their interpretation and application, the provisions of this ordinance

shall be held to be minimum requirements and shall be liberally construed in favor of the governing

body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

(E) Severability. If any section, clause, provision, or portion of this ordinance is adjudged

unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall

not be affected thereby.

(F) Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal,

abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this

ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other

ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency

only.

(G) Definitions. Unless specifically defined below, words or phrases used in this ordinance

shall be interpreted so as to give them the same meaning as they have in common usage and so as to

give this ordinance its most reasonable application. For the purpose of this ordinance, the words

“must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified,

shall be measured horizontally.

ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a

principal use that, because of the nature of its use, can reasonably be located at or greater than

normal structure setbacks.

BLUFF. A topographic feature such as a hill, cliff, or embankment having the following

characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or

more shall not be considered part of the bluff):

(1) Part or all of the feature is located in a shoreland area;

(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;

40

(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the

ordinary high water level averages 30 percent or greater; and

(4) The slope must drain toward the waterbody.

BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

BOATHOUSE. A structure designed and used solely for the storage of boats or boating

equipment.

BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required

setback beyond which a structure may not extend.

COMMERCIAL PLANNED UNIT DEVELOPMENTS. Commercial planned unit

developments are typically uses that provide transient, short-term lodging spaces, rooms, or parcels

and their operations are essentially service-oriented. For example, hotel/motel accommodations,

resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are

commercial planned unit developments.

COMMERCIAL USE. Means the principal use of land or buildings for the sale, lease, rental,

or trade of products, goods, and services.

COMMISSIONER. Means the commissioner of the Department of Natural Resources.

CONDITIONAL USE. A land use or development as defined by ordinance that would not be

appropriate generally but may be allowed with appropriate restrictions as provided by official

controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or

development conforms to the comprehensive land use plan of the community, and the use is

compatible with the existing neighborhood.

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 and at any point extending

more than three feet above ground.

DUPLEX, TRIPLEX, AND QUAD. Means a dwelling structure on a single lot, having two,

three, and four units, respectively, being attached by common walls and each unit equipped with

separate sleeping, cooking, eating, living, and sanitation facilities.

DWELLING SITE. A designated location for residential use by one or more persons using

temporary or movable shelter, including camping and recreational vehicle sites.

DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short-

or long-term living quarters for one or more persons, including rental or timeshare accommodations

such as motel, hotel, and resort rooms and cabins.

EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock,

industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes,

Section 93.44 to 93.51.

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FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land

use other than reestablishment of a subsequent forest stand.

GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and

kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

HARDSHIP. Hardship means the same as that term is defined in Minnesota Statutes, Chapter

394 (for counties) or Chapter 462 (for municipalities).

HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at

the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a

flat roof or average height of the highest gable of a pitched or hipped roof.

INDUSTRIAL USE. The use of land or buildings for the production, manufacture,

warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a

contiguous patch, strip, row, or block.

LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditors

plot, or other accepted means and separated from other parcels or portions by said description for

the purpose of sale, lease, or separation.

LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building

line.

NONCONFORMITY. Any legal use, structure or parcel of land already in existence, recorded,

or authorized before the adoption of official controls or amendments thereto that would not have

been permitted to become established under the terms of the official controls as now written, if the

official controls had been in effect prior to the date it was established, recorded or authorized.

ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall

be an elevation delineating the highest water level which has been maintained for a sufficient period

of time to leave evidence upon the landscape, commonly that point where the natural vegetation

changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary

high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages,

the ordinary high water level is the operating elevation of the normal summer pool.

PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site

design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease,

and also usually involving clustering of these units or sites to provide areas of common open space,

density increases, and a mix of structure types and land uses. These development may be organized

and operated as condominiums, time-share condominiums, cooperatives, full fee ownership,

commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units,

residential condominiums, townhouses, apartment buildings campgrounds, recreational vehicle

parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

PUBLIC WATERS. Any waters as defined in Minnesota Statutes, Section 103G.0005, Subd.

15, 15a.

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RESIDENTIAL PLANNED UNIT DEVELOPMENT. A use where the nature of residency is

nontransient and the major or primary focus of the development is not service-oriented. For

example, residential apartments, manufactured home parks, time-share condominiums, townhouses,

cooperatives, and full fee ownership residences would be considered as residential planned unit

developments. To qualify as a residential planned unit development, a development must contain at

least five swelling units or sites.

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.

SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas

unsuitable for development in their natural state due to constraints such as shallow soils over

groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding,

or occurrence of flora or fauna in need of special protection.

SETBACK. The minimum horizontal distance between a structure, sewage treatment system,

or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road,

highway, property line, or other facility.

SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other

individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this

ordinance.

SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other

construction, devices, appliances, or appurtenances used for conducting sewage or other wastes to a

point of ultimate disposal.

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.

SHORELAND. Land located within the following distances from public waters: 1,000 feet

from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream,

or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is

greater. The limits of shorelands may be reduced whenever the waters involved are bounded by

topographic divides that extend landward from the waters for lesser distances and when approved by

the commissioner.

SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other

property that meets the criteria for eligibility to the National Register of Historic Sites, or is

determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes,

Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is

determined to meet the qualifications for listing after review by the Minnesota state archaeologist or

the director of the Minnesota Historical Society. All unplatted cemeteries are automatically

considered to be significant historic sites.

STEEP SLOPE. Land where agricultural activity or development is either not recommended

or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and

described in available county soil surveys or other technical reports, unless appropriate de4sign and

43

construction techniques and farming practices are used in accordance with the provisions of this

ordinance. Where specific information is not available, steep slopes are lands having average slopes

over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs.

STRUCTURE. Any building or appurtenance, including decks, except aerial or underground

utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other

supporting facilities.

SUBDIVISION. Land that is divided for the purpose of sale, rent, or lease, including planned

unit developments.

SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial

purposes, where access to and use of a surface water feature is an integral part of the normal

conductance of business. Marinas, resorts, and restaurants with transient docking facilities are

examples of such use.

TOE OF THE BLUFF. The lower point of a 50-foot segment with an average slope

exceeding 18 percent.

TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope

exceeding 18 percent.

VARIANCE. The same as that term is defined or described in Minnesota Statutes, Chapter 394

(for counties) or Chapter 462 (for municipalities).

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 such structures and facilities include

boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

WETLAND. A surface water feature classified as a wetland in the United States Fish and

Wildlife Service Circular No. 39 (1971 edition).

§ 154.03 ADMINISTRATION

(A) Permits Required. A permit is required for the construction of buildings or building

additions (and including such related activities as construction of decks and signs), the installation

and/or alteration of sewage treatment activities as construction of decks and signs), the installation

and/or alteration of sewage treatment systems, and those grading and filling activities not exempted

by Section 5.3 of this ordinance. Application for a permit shall be made to the City Office on the

forms provided. The application shall include the necessary information so that the designated

official can determine the site’s suitability for the intended use and that a compliant sewage

treatment system will be provided.

A permit authorizing an addition to an existing structure shall stipulate that an identified

nonconforming sewage treatment system as defined by Section 5.8, shall be reconstructed or

replaced in accordance with the provisions of this ordinance.

44

(B) Certificate of Zoning Compliance. The City Office shall issue a certificate of zoning

compliance for each activity requiring a permit as specified in Section 3.1 of this ordinance. This

certificate will specify that the use of land conforms to the requirements of this ordinance. Any use,

arrangement, or construction at variance with that authorized by permit shall be deemed a violation

of this ordinance and shall be punishable as provided in Section 2.3 of this ordinance.

(C) Variances. Variances may only be granted in accordance with Minnesota Statutes,

Chapter 394 (for counties) or 462 (for municipalities), as applicable. A variance may not

circumvent the general purposes and intent of this ordinance. No variance may be granted that

would allow any use that is prohibited in the zoning district in which the subject property is located.

Conditions may be imposed in the granting of a variance to ensure compliance and to protect

adjacent properties and the public interest. In considering a variance request, the board of

adjustment must also consider whether the property owner has reasonable use of the land without

the variance, whether the property is used seasonally or year-round, whether the variance is being

requested solely on the basis of economic considerations, and the characteristics of development on

adjacent properties.

The board of adjustment shall hear and decide requests for variances in accordance with

the rules that it has adopted for the conduct of business. When a variance is approved after the

Department of Natural Resources has formally recommended denial in the hearing record, the

notification of the approved variance required in Section 3.42 below shall also include the board of

adjustment’s summary of the public record/testimony and the findings of facts and conclusions

which supported the issuance of the variance.

For existing developments, the application for variance must clearly demonstrate whether a

conforming sewage treatment system is present for the intended use of the property. The variance,

if issued, must require reconstruction of a nonconforming sewage treatment system.

(D) Notifications to the Department of Natural Resources. Copies of all notices of any public

hearings to consider variance, amendments, or conditional uses under local shoreland management

controls must be sent to the commissioner or the commissioner’s designated representative and

postmarked at least ten days before the hearings. Notices of hearings to consider proposed

subdivisions/plats must include copies of the subdivision plat.

A copy of approved amendments and subdivisions/plats, and final decisions granting

variances or conditional uses under local shoreland management controls must be sent to the

commissioner or the commissioner’s designated representative and postmarked within ten days of

final action.

§ 154.04 SHORELAND CLASSIFICATIONS AND LAND USE DISTRICTS

(A) Shoreland Classification System. The public waters of City of Appleton have been

classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and

the Protected Waters Inventory Map for Swift County, Minnesota.

The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined

in Section 2.744 and as shown on the Official Zoning Map.

45

(1) Lakes

Protected Waters

(a) Natural Environment Lakes Inventory I.D.#

(list here and designate on official zoning map)

Protected Waters

(b) Recreational Development Lakes Inventory I.D.#

Protected Waters

(c) General Development Lakes Inventory I.D.#

(list here and designate on official zoning map)

(2) Rivers and Streams

(a) Remote Rivers Legal Description

(list river names here and show boundaries of district on official zoning map)

(b) Forested Rivers Legal Description

(list river names here and show boundaries

of district on official zoning map)

(c) Transition Rivers Legal Description

(list river names here and show boundaries

of district on official zoning map)

(d) Agricultural Rivers Legal Description

(list river names here and show boundaries

of district on official zoning map)

(e) Urban Rivers Legal Description

(list river names here and show boundaries

of district on official zoning map)

(f) Tributary System *

(list river names here and show boundaries

of district on official zoning map)

*All protected watercourses in the City of Appleton shown on the Protected

Waters Inventory Map for Swift County, a copy of which is hereby adopted by reference, not

given a classification in Items A-E above shall be considered “Tributary”.

46

(B) Land Use District Descriptions

Criteria for Designation. The land use districts in Section 4.22, and the delineation of a

land use district’s boundaries on the Official Zoning Map, must be consistent with the goals,

policies, and objectives of the comprehensive land use plan (when available) and the following

criteria, considerations, and objectives:

(1) General Considerations and Criteria for All Land Uses:

(a) preservation of natural areas;

(b) present ownership and development of shoreland areas;

(c) shoreland soil types and their engineering capabilities;

(d) topographic characteristics;

(e) vegetative cover;

(f) in-water physical characteristics, values, and constraints;

(g) recreational use of the surface water;

(h) road and service center accessibility;

(i) socioeconomic development needs and plans as they involve water and related

land resources;

(j) the land requirements of industry which, by its nature, requires location in

shoreland areas; and

(k) the necessity to preserve and restore certain areas having significant historical or

ecological value.

(2) Factors and Criteria for Planned Unit Development

(a) existing recreational use of the surface waters and likely increases in use

associated with planned unit developments;

(b) physical and aesthetic impacts of increased density;

(c) suitability of lands for the planned unit development approach;

(d) level of current development in the area; and

(e) amounts and types of ownership of undeveloped lands.

(3) Land Use District Description. The land use districts provided below, and the

allowable land uses therein for the given classifications of waterbodies, shall be properly delineated

47

on the Official Zoning Map for the shorelands of this community. These land use districts are in

conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3:

(Note: Include either the following tables of land use districts by classification, modified tables

meeting state standards or a reference to an existing ordinance with land use descriptions meeting

state standards.)

A. Land Use District For Lakes

General Recreational Natural

Development Development Environment

Lakes Lakes Lakes

(1) Special Protection District — Uses

- Forest management P P P

- Sensitive resource management P P P

- Agricultural: cropland and pasture P P P

- Agricultural feedlots C C C

- Parks and historic sites C C C

- Extractive use C C C

- Single residential C C C

- Mining of metallic minerals

and peat P P P

(2) Residential District — Uses

- Single residential P P P

- Semipublic C C C

- Parks and historic sites C C C

- Extractive use C C C

- Duplex, triplex, quad residential P P P

- Forest management P P P

- Mining of metallic minerals

and peat P P P

(3) High Density Residential District — Uses

- Residential planned

unit developments C C C

- Single residential P P P

- Surface water oriented

commercial* C C C

- Semipublic C C C

- Parks and historic sites C C C

- Duplex, triplex, quad residential P P P

- Forest management P P P

48

(4) Water-Oriented Commercial District — Uses

- Surface water-oriented commercial P P P

- Commercial planned

unit development** C C C

- Public, semipublic C C C

- Parks and historic sites C C C

- Forest management P P P

*As accessory to a residential planned unit development.

**Limited expansion of a commercial planned unit development involving up to six additional

dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of

this ordinance are satisfied.

(5) General Use District — Uses

- Commercial P P C

- Commercial planned

unit development ** C C C

- Industrial C C N

- Public, semipublic P P C

- Extractive use C C C

- Parks and historic sites C C C

- Forest management P P P

- Mining of metallic minerals

and peat P P P

B. Land Use Districts for Rivers and Streams

Re- For- Trans- Agri- Urban Tribu-

mote ested ition cultural tary

(1) Special Protection District — Uses

- Forest management P P P P P P

- Sensitive resource management P P P P P P

- Agricultural; cropland

and pasture P P P P P P

- Agricultural feedlots C C C C C C

- Parks and historic sites C C C C C C

- Extractive use C C C C C C

- Single residential C C C C C C

- Mining of metallic mineral

and peat P P P P P P

(2) Residential District — Uses

- Single residential P P P P P P

- Semipublic C C C C C C

49

- Parks and historic sites C C C C C C

- Extractive use C C C C C C

- Duplex, triplex, quad

residential C C C C C C

- Forest management P P P P P P

- Mining of metallic minerals

and peat P P P P P P

*As accessory to a residential planned unit development.

**Limited expansion of a commercial planned unit development involving up to six additional

dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of

this ordinance are satisfied.

(3) High Density Residential — Uses

- Residential planned

unit developments C C C C C C

- Single residential P P P P P P

- Surface water oriented

commercial* C C C C C C

- Semipublic C C C C C C

- Parks and historic sites C C C C C C

- Duplex, triplex, quad

residential P P P P P P

- Forest management P P P P P P

(4) Water-oriented Commercial — Uses

- Surface water-oriented commercial C C C C C C

- Commercial planned

unit development* C C C C C C

- Public, semipublic C C C P P P

- Parks and historic sites C C C C C C

- Forest management P P P P P P

(5) General Use District — Uses

- Commercial C C C C P C

- Commercial planned

unit development** C C C C C C

- Industrial N C N N C C

- Public, semipublic C C C C P C

- Extractive use C C C C C C

- Parks and historic sties C C C C C C

- Forest management P P P P P P

- Mining of metallic

minerals and peat P P P P P P

*As accessory to a residential planned unit development

50

**Limited expansion of a commercial planned unit development involving up to six additional

dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of

this ordinance are satisfied.

Use and Upgrading of Inconsistent Land Use Districts.

(1) The land use districts adopted in Ordinance Number , Section , as they

apply to shoreland areas, and their delineated boundaries on the Official Zoning Map, are not

consistent with the land use district designation criteria specified in Section 4.22 herein. These

inconsistent land use district designations may continue until revisions are proposed to change either

the land use district designation within an existing land use district boundary shown on the Official

Zoning Map or to modify the boundary of an existing land use district shown on the Official Zoning

Map.

(2) When a revision is proposed to an inconsistent land use district provision, the

following additional criteria and procedures shall apply

(a) For Lakes. When a revision to a land use district designation on a lake is

considered, the land use district boundaries and use provisions therein for all the shoreland areas

within the jurisdiction of this ordinance on said lake must be revised to make them substantially

compatible with the framework in Sections 4.21 and 4.22 of this ordinance.

(b) For Rivers and Streams. When a revision to a land use district designation on a

river or stream is proposed, the land use district boundaries and the use provisions therein for all

shoreland on both sides of the river or stream within the same classification within the jurisdiction

of this ordinance must be revised to make them substantially compatible with the framework in

Sections 4.21 and 4.22 of this ordinance. If the same river classification is contiguous for more than

a five-mile segment, only the shoreland for a distance of 2.5 miles upstream and downstream or to

the class boundary if closer, need be evaluated and revised.

(3) When an interpretation question arises about whether a specific land use fits within a

given “use” category, the interpretation shall be made by the Board of Adjustment. When a

question arises as to whether a land use district’s boundaries are properly delineated on the Official

Zoning Map, this decision shall be made by the (governing body).

(4) When a revision is proposed to an inconsistent land use district provision by an

individual party or landowner, this individual party or landowner will only be responsible to provide

the supporting and/or substantiating information for the specific parcel in question. The (governing body) will direct the (designated official) to provide such additional information for this waterbody as is necessary to satisfy Items A and B.

(5) The (governing body) must make a detailed finding of fact and

conclusion when taking final action that this revision, and the upgrading of any inconsistent land use

district designations on said waterbody, are consistent with the enumerated criteria and use

provisions of Section 4.2.

51

§ 154.05 ZONING AND WATER SUPPLY/SANITARY PROVISIONS

(A) Lot Area and Width Standards.

The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and

quad residential lots created after the date of enactment of this ordinance for the lake and

river/stream classifications are the following:

(1) Unsewered Lakes

(a) Natural Environment:

Riparian Lots Nonriparian Lots

Area Width Area Width

Single 80,000 200 80,000 200

Duplex 120,000 300 160,000 400

Triplex 160,000 400 240,000 600

Quad 200,000 500 320,000 800

(b) Recreational Development

Riparian Lots Nonriparian Lots

Area Width Area Width

Single 40,000 150 40,000 150

Duplex 80,000 225 80,000 265

Triplex 120,000 300 120,000 375

Quad 160,000 375 160,000 490

(c) General Development

Riparian Lots Nonriparian Lots

Area Width Area Width

Single 20,000 100 40,000 150

Duplex 40,000 180 80,000 265

Triplex 60,000 260 120,000 375

Quad 80,000 340 160,000 490

(2) Sewered Lakes:

(a) Natural Environment:

Riparian Lots Nonriparian Lots

Area Width Area Width

Single 40,000 125 20,000 125

Duplex 70,000 225 35,000 220

Triplex 100,000 325 52,000 315

52

Quad 130,000 425 65,000 410

(b) Recreational Development:

Riparian Lots Nonriparian Lots

Area Width Area Width

Single 20,000 75 15,000 75

Duplex 35,000 135 26,000 135

Triplex 50,000 195 38,000 190

Quad 65,000 255 49,000 245

(c) General Development:

Riparian Lots Nonriparian Lots

Area Width Area Width

Single 15,000 75 10,000 75

Duplex 26,000 135 17,500 135

Triplex 38,000 195 25,000 190

Quad 49,000 255 32,500 245

(3) River/Stream Lot Width Standards. There are no minimum lot size requirements for

rivers and streams. The lot width standards for single, duplex, triplex and quad residential

developments for the six-river/stream classification are:

Re- For- Trans- Agri- Urban & Tributary

mote ested ition cultural No sewer Sewer

Single 300 200 250 150 100 75

Duplex 450 300 375 225 150 115

Triplex 600 400 500 300 200 150

Quad 750 500 625 375 250 190

(4) Additional Special Provisions.

(a) Residential subdivisions with dwelling unit densities exceeding those in the

tables in Sections 5.12 and 5.13 can only be allowed if designed and approved as residential planned

unit developments under Section 8.0 of this ordinance. 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. The sewer lot area dimensions in Section

5.12 can only be used if publicly owned sewer system service is available to the property.

(b) Subdivision of duplexes, triplexes, and quads on Natural Environment Lakes

must also meet the following standards:

53

(1) Each building must be set back at least 200 feet from the ordinary high water

level:

(2) Each building must have common sewage treatment and water systems in

one location and serve all dwelling units in the building;

(3) Watercraft docking facilities for each lot must be centralized in one location

and serve all dwelling units in the building; and

(4) No more than 25 percent of a lake’s shoreline can be in duplex, triplex, or

quad development.

(c) One guest cottage may be allowed on lots meeting or exceeding the duplex lot

area and width dimensions presented in Section 5.11-5.13, provided the following standards are

met:

(1) For lots exceeding the minimum lot dimensions of duplex lots, the guest

cottage must be located within the smallest duplex-sized lot that could be created including the

principal dwelling unit;

(2) A guest cottage must not cover more than 700 square feet of land surface

and must not exceed 15 feet in height; and

(3) A guest cottage must be located or designed to reduce its visibility as viewed

from public waters and adjacent shorelands be vegetation, topography, increased setbacks or color,

assuming summer leaf-on conditions.

(d) Lots intended as controlled accesses to public waters or as recreation areas for

use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the

following standards:

1. They must meet the width and size requirements for residential lots, and be

suitable for the intended uses of controlled access lots.

2. If docking, mooring, or over-water storage of more than six (6) watercraft is

to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must

be increased by the percent of the requirements for riparian residential lots for each watercraft

beyond six, consistent with the following table:

Controlled Access Lot Frontage Requirements

Ratio of lake size Required increase

To shore length in frontage

(acres/mile) (percent)

Less than 100 25

100-200 20

201-300 15

301-400 10

54

Greater than 400 5

3. They must be jointly owned by all purchasers of lots in the subdivision or by

all purchasers on nonriparian lots in the subdivision who are provided riparian access rights on the

access lot; and

4. Covenants or other equally effective legal instruments must be developed

that specify which lot owners have authority to use the access lot and what activities are allowed.

The activities may include watercraft launching, loading, storage, beaching, mooring, or docking.

They must also include other outdoor recreational activities that do not significantly conflict with

general public use of the public water or the enjoyment of normal property rights by adjacent

property owners. Examples of the non-significant conflict activities include swimming, sunbathing,

or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the

total number of watercraft allowed to be continuously moored, docked, or stored over water, and

must require centralization of all common facilities and activities in the most suitable locations on

the lot to minimize topographic and vegetation alterations. They must also require all parking areas,

storage buildings, and other facilities to be screened by vegetation or topography as much as

practical from view from the public water, assuming summer, leaf-on conditions.

(B) Placement, Design, and Height of Structures.

(1) Placement of Structures on Lots. When more than on setback applies to a site,

structures and facilities must be located to meet all setbacks. Where structures exist on the

adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a

variance to conform to the adjoining setbacks from the ordinary high water level, provided the

proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures

shall be located as follows.

(a) Structure and On-site Sewage System Setbacks (in feet) from Ordinary High

Water Level*.

Setbacks*

Classes of

Public Structures Sewage Treatment

Waters Unsewered Sewered System

Lakes

Natural Environment 150 150 150

Recreational Development 100 75 75

General Development 75 50 50

Rivers

Remote 200 200 150

Forested and Transition 150 150 100

Agriculture, Urban, and

Tributary 100 50 75

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*One water-oriented accessory structure designed in accordance with Section 5.22 of this ordinance

may be set back a minimum distance of ten (10) feet from the ordinary high water level.

(b) Additional Structure Setbacks. The following additional structure setbacks apply,

regardless of the classification of the waterbody:

Setback From: Setback (in feet)

(1) top of bluff: 30

(2) unplatted cemetery; 50

(3) right-of-way line of 50

federal, state, or

county highway; and

(4) right-of-way line of 20

town road, public street

or other roads or streets

not classified.

(c) Bluff Impact Zones. Structures and accessory facilities, except stairways and

landings, must not be placed within bluff impact zones.

(d) Uses Without Water-oriented Needs. Uses without water-oriented needs must be

located on lots or parcels without public waters frontage, or, if located on lots or parcels with public

waters frontage, must either be set back double the normal ordinary high water level setback or be

substantially screened from view from the water by vegetation of topography, assuming summer,

leaf-on conditions.

(2) Design Criteria For Structures.

(a) High Water Elevations. Structures must be placed in accordance with any

floodplain regulations applicable to the site. Where these controls do not exist, the elevation to

which the lowest floor, including basement, is placed or flood-proofed must be determined as

follows:

1. For lakes, by placing the lowest floor at a level at least three feet above the

highest known water level, or three feet above the ordinary high water level, whichever is higher;

2. For rivers and streams, by placing the lowest floor at least three feet above the

flood or record, if data are available. If data are not available, by placing lowest floor at least three

feet above the ordinary high water level, or by conducting a technical evaluation to determine

effects of proposed construction upon flood stages and flood flows and to establish a flood

protection elevation. Under all three approaches, technical evaluations must be done by a qualified

engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of

flood plain areas. If more than one approach is used, the highest flood protection elevation

determined must be used for placing structures and other facilities; and

3. Water-oriented accessory structures may have the lowest floor placed lower

56

than the elevation determined in this item if the structure is constructed of flood-resistant materials

to the elevation, electrical and mechanical equipment is placed above the elevation and, if long

duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves

and debris.

(b) Water-oriented Accessory Structures. Each lot may have one water-oriented

accessory structure not meeting the normal structure setback in Section 5.21 of this ordinance 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 250 square feet. Detached decks must not exceed eight

feet above grade at any point;

2. The setback of the structure of 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 be designed or used for human habitation and

must not contain water supply or sewage treatment facilities; and

6. As an alternative for general development and recreational development

waterbodies, water-oriented accessory structures used solely for watercraft storage, and including

storage of related boating and water-oriented sporting equipment, may occupy an area up to 400

square feet provided the maximum width of the structure is 20 feet as measured parallel to the

configuration of the shoreline.

(c) Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to

major topographic alterations for achieving access up and down bluffs and steep slopes to shore

areas. Stairways and lifts must meet the following design requirements:

1. Stairways and lifts must not exceed four feet in width on residential lots.

Wider stairways may be used for commercial properties, public open-space recreational properties,

and planned unit developments;

2. Landings for stairways and lifts on residential lots must not exceed 32 square

feet in area. Landings larger than 32 square feet may be used for commercial properties, public

open-space recreational properties, and planned unit developments;

3. Canopies or roofs are not allowed on stairways, lifts, or landings;

4. Stairways, lifts, and landings may be either constructed above the ground on

posts or pilings, or placed into the ground, provided they are designed and built in a manner that

ensures control of soil erosion;

57

5. Stairways, lifts, and landings must be located in the most visually

inconspicuous portions of lots, as viewed from the surface of the public water assuming summer,

leaf-on conditions, whenever practical; and

6) Facilities such as ramps, lifts, or mobility paths for physically handicapped

persons are also allowed for achieving access to shore areas, provided that the dimensional and

performance standards of subitems (1) to (5) are complied with in addition to the requirements of

Minnesota Regulations, Chapter 1340.

(c) Significant Historic Sites. No structure may be placed on a significant historic

site in a manner that affects the values of the site unless adequate information about the site has

been removed and documented in a public repository.

(d) Steep Slopes. The City Clerk (designated official) must evaluate possible soil

erosion impacts and development visibility from public waters before issuing a permit for

construction of sewage treatment systems, roads, driveways, structures, or other improvements on

steep slopes. When determined necessary, conditions must be attached to issued permits to prevent

erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as

viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(3) Height of Structures. All structures in residential districts, except churches and

nonresidential agricultural structures, must not exceed 25 feet in height.

(C) Shoreland Alterations

Alternations 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 structures and sewage

treatment systems and the construction of roads and parking areas regulated by Section 5.4 of this

ordinance are exempt from the vegetation alteration standards that follow.

(b) Removal or alteration of vegetation, except for agricultural and forest

management uses as regulated in Sections 5.62 and 5.63, respectfully, is allowed subject to the

following standards:

1. Intensive vegetation clearing within the shore and bluff impact zones and on

steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use

outside of these areas is allowable as a conditional use if erosion control and sedimentation plan is

developed and approved by the soil and water conservation district in which the property is located.

2. In shore and bluff impact zones and on steep slopes, 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, livestock watering areas, beach and watercraft access areas, and permitted

water-oriented accessory structures or facilities, provided that:

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a) the screening of structures, vehicles, or other facilities as viewed from

the water, assuming summer, leaf-on conditions, is not substantially reduced;

b) along rivers, existing shading of water surfaces is preserved; and

c) the above provisions are not applicable to the removal of trees, limbs, or

branches that are dead, diseased, or pose safety hazards.

(2) Topographic Alternations/Grading and Filling

(a) Grading and filling and excavations necessary for the construction of structures,

sewage treatment systems, and driveways under validly issued construction permits for these

facilities do not require the issuance of a separate grading and filling permit. However, the grading

and filling standards in this Section must be incorporated into the issuance of permits for

construction of structures, sewage treatment systems, and driveways.

(b) Public roads and parking areas are regulated by Section 5.4 of this ordinance.

(c) Notwithstanding Items A. and B. above, a grading and filling permit will be

required for:

1. the movement of more than ten (10) cubic yards of material on steep slopes or

within shore or bluff impact zones; and

2. the movement of more than 50 cubic years of material outside of steep slopes

and shore and bluff impact zones.

(d) 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 type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated

to determine how extensively the proposed activity would affect the following functional qualities

of the wetland*.

a) sediment and pollutant trapping and retention:

b) storage of surface runoff to prevent or reduce flood damage;

c) fish and wildlife habitat;

d) recreational use;

e) shoreline or bank stabilization; and

f) noteworthiness, including special qualities such as historic significance,

critical habitat for endangered plants and animals, or others.

*This evaluation must also include a determination of whether the wetland

alteration being proposed requires permits, reviews, or approvals by other local, state, or federal

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agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United

State Army Corps of Engineers. The applicant will be so advised. Local, state, or federal agencies

such as a watershed district, the Minnesota Department of Natural Resources, or the United States

Army Corps of Engineers. The applicant will be so advised.

2. Alternations 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;

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 Soil Conservation Service;

6. Fill or excavated material must not be placed in a manner that creates an

unstable slope;

7. Plans to place fill or excavated material on steep slopes must be reviewed by

qualified professionals for continued slope stability and must not create finished slopes of 30

percent or greater;

8. Fill or excavated material must not be placed in bluff impact zones;

9. Any alterations below the ordinary high water level of public waters must

first be authorized by the commissioner under Minnesota Statues, Section 105.42;

10. Alternations of topography must only be allowed if they are accessory to

permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

11. Placement of natural rock riprap, including associated grading of the

shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three

feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the

ordinary high water level, and the height of the riprap above the ordinary high water level does not

exceed three feet.

(e) Connections to public waters. Excavations where the intended purpose is

connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by

local shoreland controls. Permission for excavations may be given only after the commissioner has

approved the proposed connection to public waters.

(D) Placement and Design of Roads, Driveways, and Parking Areas

(1) Public and private roads and parking areas must be designed to take advantage of

natural vegetation and topography to achieve maximum screening from view from public waters.

Documentation must be provided by a qualified individual that all roads and parking areas are

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designed and constructed to minimize and control erosion to public waters consistent with the field

office technical guides of the local soil and water conservation district, or other applicable technical

materials.

(2) Roads, driveways, and parking areas must meet structure setbacks and must not be

placed within bluff and shore impact zones, when other reasonable and feasible placement

alternatives exist. If no alternatives exist, they may be placed within the areas, and must be

designed to minimize adverse impacts. (3) Public and private watercraft access

ramps, approach roads, and access-related parking areas may be placed within shore impact zones

provided the vegetative screening and erosion control conditions of this subpart are met. For private

facilities, the grading and filling provisions of Section 5.32 of this ordinance must be met.

(E) Stormwater Management

The following general and specific standards shall apply:

(1) General Standards

(a) When possible, existing natural drainageways, wetlands, and vegetated soil

surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to

public waters.

(b) Development must be planned and conducted in a manner that will minimize the

extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.

Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used

to retain sediment on the site.

(c) When development density, topographic features, and soil and vegetation

conditions are not sufficient to adequately handle stormwater runoff using natural features and

vegetation, various types of constructed facilities such as diversions, settling basins, skimming

devices, dikes, waterways, and ponds may be used. Preference must be given to designs using

surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and

facilities.

(2) Specific Standards:

(a) Impervious surface coverage of lots must not exceed 25 percent of the lot area.

(b) When constructed facilities are used for stormwater management, documentation

must be provided by a qualified individual that they are designed and installed consistent with the

field office technical guide of the local soil and water conservation districts.

(c) New constructed stormwater outfalls to public waters must provide for filtering

or settling of suspended solids and skimming of surface debris before discharge.

(F) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry

and Extractive Uses and Mining of Metallic Minerals and Peat.

(1) Standards for Commercial, Industrial, Public, and Semipublic Uses.

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(a) Surface water-oriented commercial uses and industrial, public, or semipublic uses

with similar 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:

1. 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;

2. 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

3. 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:

a) 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;

b. 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

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; and

c. Other outside lighting may be located within the shore impact zone or

over public waters if it is used primarily to illuminate potential safety hazards and is shielded or

otherwise directed to prevent direct illumination out across public waters. This does not preclude

use of navigational lights.

(b) Uses without water-oriented needs must be located on lots or parcels without

public waters frontage, or, if located on lots or parcels with public waters frontage, must either be

set back double the normal ordinary high water level setback or be substantially screened from view

from the water by vegetation or topography, assuming summer, leaf-on conditions.

(2) Agriculture Use Standards.

(a) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod

farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact

zones are maintained in permanent vegetation or operated under an approved conservation plan

(Resources Management Systems) consistent with the field office technical guides of the local soil

and water conservation districts or the United States Soil Conservation Service, as provided by a

qualified individual or agency. The shore impact zone for parcels with permitted agricultural land

uses is equal to a line parallel to and 50 feet from the ordinary high water level.

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(b) Animal feedlots must meet the following standards:

1. New feedlots must not be located in the shoreland of watercourses or in bluff

impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of

all public waters basins; and

2. Modifications or expansions to existing feedlots that are located within 300

feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further

encroach into the existing ordinary high water level setback or encroach on bluff impact zone.

(3) Forest Management Standards. The harvesting of timber and associated reforestation

must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution

Assessment-Forestry and the provisions of Water Quality in Forest Management “Best Management

Practices in Minnesota”.

(4) Extractive Use Standards.

(a) Site Development and Restoration Plan. An extractive use site development and

restoration plan must be developed, approved, and followed over the course of operation of the site.

The plan must address dust, noise, possible pollutant discharges, hours and duration of operation,

and anticipated vegetation and topographic alternations. It must also identify actions to be taken

during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly

explain how the site will be rehabilitated after extractive activities end.

(b) Setbacks for Processing Machinery. Processing machinery must be located

consistent with setback standards from ordinary high water of public waters and from bluffs.

(5) Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat, as

defined in Minnesota Statutes, Sections 93.44 to 93.51, shall be a permitted use provided that

provisions of Minnesota Statutes, Section 93.44 to 93.51, are satisfied.

(G) Conditional Uses

Conditional uses allowable within shoreland areas shall be subject to review and approval

procedures, and criteria and criteria and conditions for review of conditional uses established

community-wide. The following additional evaluation criteria and conditions apply within

shoreland areas:

(1) Evaluation criteria. A thorough evaluation of the waterbody and the topographic,

vegetation, and soils conditions on the site must be made to ensure;

(a) the prevention of soil erosion or other possible pollution of public waters, both

during and after construction;

(b) the visibility of structures and other facilities as viewed from public waters is

limited;

(c) the site is adequate for water supply and on-site sewage treatment; and

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(d) the types, uses, and numbers of watercraft that the project will generate are

compatible in relation to the suitability of public waters to safely accommodate these watercraft.

(2) Conditions attached to conditional use permits. The (designated

body), upon consideration of the criteria listed above and the purposes of this ordinance, shall attach

such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the

purposes of this ordinance. Such conditions may include, but are not limited to, the following:

(a) increased setbacks from the ordinary high water level;

(b) limitations on the natural vegetation to be removed or the requirement that

additional vegetation be planted; and

(c) special provisions for the location, design, and use of structures, sewage

treatment systems, watercraft launching and docking areas, and vehicle parking areas.

(H) Water Supply and Sewage Treatment

(1) Water Supply. Any public or private supply of water for domestic purposes must meet

or exceed standards for water quality of the Minnesota Department of Health and the Minnesota

Pollution Control Agency.

(2) Sewage Treatment. Any premises used for human occupancy must be provided with

an adequate method of sewage treatment as follows:

(a) Publicly-owned sewer systems must be used where available.

(b) All private sewage treatment systems must meet or exceed the Minnesota

Pollution Control Agency’s standards for individual sewage treatment systems contained in the

document titled, “Individual Sewage Treatment Systems Standards, Chapter 7080”, a copy of which

is hereby adopted by reference and declared to be a part of this ordinance.

(c) On-site sewage treatment systems must be set back from the ordinary high water

level in accordance with the setbacks contained in Section 5.21 of this ordinance.

(d) All proposed sites for individual sewage must be set back from the ordinary high

water level in accordance with the criteria in subitems (1)-(4). If the determination of a site’s

suitability cannot be made with publicly available, existing information, it shall then be the

responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site

field investigations.

Evaluation criteria:

1) depth to the highest known or calculated ground water table or bedrock;

2) soil conditions, properties, and permeability;

3) slope;

4) the existence of lowlands, local surface depressions, and rock outcrops;

(e) Nonconforming sewage treatment systems shall be regulated and upgraded in

accordance with Section 6.13 of this ordinance.

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§ 154.06 — NONCONFORMITIES

All legally established nonconformities as of the date of this ordinance may continue, but they

will be managed according to applicable state statutes and other regulations of this community for

the subjects of alterations and additions, repair after damage, discontinuance of use, and

intensification of use; except that the following standards will also apply in shoreland areas:

(A) Construction on nonconforming lots of record.

(1) Lots of record in the office of the county recorder on the date of enactment of local

shoreland controls that do not meet the requirements of Section 5.1 of this ordinance may be

allowed as building sites without variances from lot size requirements provided the use is permitted

in the zoning district, the lot has been in separate ownership from abutting lands at all times since it

became substandard, was created compliant with official controls in effect at the time, and sewage

treatment and setback requirements of this ordinance are met.

(2) A variance from setback requirements must be obtained before any use, sewage

treatment system, or building permit is issued for a lot. In evaluating the variance, the board of

adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot

and shall deny the variance if adequate facilities cannot be provided.

(3) If, in a group of two or more contiguous lots under the same ownership, any

individual lot does not meet the requirements of Section 5.1 of this ordinance the lot must not be

considered as a separate parcel of land for the purposes of sale or development. The lot must be

combined with the one or more contiguous lots so they equal one or more parcels of land, each

meeting the requirements of Section 5.1 of this ordinance as much as possible.

(B) Additions/expansions to nonconforming structures.

(1) All additions or expansions to the outside dimensions of an existing nonconforming

structure must meet the setback, height, and other requirements of Section 5.0 of this ordinance.

Any deviation from these requirements must be authorized by a variance pursuant to Section 3.3

(2) Deck additions may be allowed without a variance to a structure not meeting the

required setback from the ordinary high water level if all of the following criteria and standards are

met:

(a) The structure existed on the date the structure setbacks were established;

(b) A thorough evaluation of the property and structure reveals no reasonable

location for a deck meeting or exceeding the existing ordinary high water level setback of the

structure;

(c) The deck encroachment toward the ordinary high water level does not exceed 15

percent of the existing setback of the structure from the ordinary high water level or does not

encroach closer than 30 feet, whichever is more restrictive; and

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(d) The deck is constructed primarily of wood and is not roofed or screened.

(C) Nonconforming sewage treatment systems.

(1) A sewage treatment system not meeting the requirements of Section 5.8 of this

ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required

for any improvement on, or use of, the property. For the purposes of this provision, a sewage

treatment system shall not be considered nonconforming if the only deficiency is the sewage

treatment system’s improper setback from the ordinary high water level.

(2) The governing body of Appleton has by formal resolution notified the commissioner

of its program to identify nonconforming sewage treatment systems. Appleton will require

upgrading or replacement of any nonconforming system identified by this program within a

reasonable period of time that will not exceed two years. Sewage systems installed according to all

applicable local shoreland management standards adopted under Minnesota Statutes, Section

105.485, in effect at the time of installation may be considered as conforming unless they are

determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other

deep disposal methods, or systems with less soil treatment area separation above groundwater than

required by the Minnesota Pollution Control Agency’s Chapter 7080 for design of on-site sewage

treatment systems, shall be considered nonconforming.

§ 154.07 SUBDIVISION/PLATTING PROVISIONS

(A) Land suitability. Each lot created through subdivision, including planned unit

developments authorized under Section 8.0 of this ordinance, must be suitable in its natural state for

the proposed use with minimal alteration. Suitability analysis by the local unit of government shall

consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe

limitations for development, severe erosion potential, steep topography, inadequate water supply or

sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation,

important fish and wildlife habitat, presence of significant historic sites, or any other feature of the

natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed

subdivision or of the community.

(B) Consistency with other controls. Subdivisions must conform to all official controls of this

community. A subdivision will not be approved where a later variance from one or more standards

in official controls would be needed to use the lots for their intended purpose. In areas not served

by publicly owned sewer and water systems, a subdivision will not be approved unless domestic

water supply is available and a sewage treatment system consistent with Sections 5.2 and 5.8 can be

provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of

Section 5.1, including at least a minimum contiguous lawn area, that is free of limiting factors

sufficient for the construction of two standard soil treatment systems. Lots that would require use of

holding ranks must not be approved.

(C) Information requirements. Sufficient information must be submitted by the applicant for

the community to make a determination of land suitability. The information shall include at least

the following:

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(1) topographic contours at ten-foot intervals or less from United States Geological

Survey maps or more accurate sources, showing limiting site characteristics;

(2) the surface water features required in Minnesota Statutes, Section 505.02, subdivision

1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic

maps or more accurate sources.

(3) adequate soils information to determine suitability for building and on-site sewage

treatment capabilities for every lot from the most current existing sources or from field

investigations such as soil borings, percolation tests, or other methods;

(4) information regarding adequacy of domestic water supply; extent of anticipated

vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of

bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff

and erosion, both during and after construction activities;

(5) location of 100-year flood plain areas and floodway districts from existing adopted

maps or data; and

(6) a line or contour representing the ordinary high water level, the “toe” and the “top” of

bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

(D) Dedications. When a land or easement dedication is a condition of subdivision approval,

the approval must provide easements over natural drainage or ponding areas for management of

stormwater and significant wetlands.

(E) Platting. All subdivisions that create five or more lots or parcels that are 2 ½ acres or less

in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit

for construction of buildings or sewage treatment systems shall be issued for lots created after these

official controls were enacted unless the lot was approved as part of a formal subdivision.

(F) Controlled Access or Recreational Lots. Lots intended as controlled accesses to public

waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or

exceed the sizing criteria in Section 5.14 of this ordinance.

§ 154.08 PLANNED UNIT DEVELOPMENTS (PUD’s)

(A) Types of PUD’s Permissible

Planned unit developments (PUD’s) are allowed for new projects on undeveloped land,

redevelopment of previously built sites, or conversions of existing buildings and land. The land use

districts in which they are an allowable use are identified in the land use district descriptions in

Section 4.2 of this ordinance and the official zoning map.

(B) Processing of PUD’s

Planned unit developments must be processed as a conditional use, except that an

expansion to an existing commercial PUD involving six or less new dwelling units or sites since the

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date this ordinance was adopted is permissible as a permitted use provided that total project density

does not exceed the allowable densities calculated in the project density evaluation procedures in

Section 8.5. Approval cannot occur until the environmental review process (EAW/EIS) is complete.

(C) Application for a PUD

The applicant for a PUD must submit the following documents prior to final action being

taken on the application request:

(1) A site plan and/or plat for the project showing locations of property boundaries,

surface water features, existing and proposed structures and other facilities, land alterations, sewage

treatment and water supply systems (where public systems will not be provided), and topographic

contours at ten-foot intervals or less. When a PUD is a combined commercial and residential

development, the site plan and/or plat must indicate and distinguish which buildings and portions of

the project are residential, commercial, or a combination of the two.

(2) A property owners association agreement (for residential PUD’s) with mandatory

membership, and all in accordance with the requirements of Section 8.6 of this ordinance.

(3) Deed restrictions, covenants, permanent easements or other instruments that: 1)

properly address future vegetative and topographic alterations, construction of additional buildings,

beaching of watercraft, and construction of commercial buildings in residential PUD’s; and 2)

ensure the long-term preservation and maintenance of open space in accordance with the criteria and

analysis specified in Section 8.6 of this ordinance.

(4) When necessary, a master plan/drawing describing the project and the floor plan for

all commercial structures to be occupied.

(5) Those additional documents as requested by the City Council (designated

official/body) that are necessary to explain how the PUD will be designed and will function.

(D) Site “Suitable Area” Evaluation

Proposed new or expansions to existing planned unit developments must be evaluated

using the following procedures and standards to determine the suitable area for the dwelling

unit/dwelling site density evaluation in Section 8.5

(1) The project parcel must be divided into tiers by locating one or more lines

approximately parallel to a line that identifies the ordinary high water level at the following

intervals, proceeding landward:

Shoreland Tier Dimensions

Unsewered Sewered

(feet) (feet)

General development lakes – first tier 200 200

General development lakes – second and additional tiers 267 200

Recreational development lakes 267 267

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Natural environment lakes 400 320

All river classes 300 300

(2) The suitable area within each tier is next calculated by excluding from the tier area all

wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area

and the proposed project are then subjected to either the residential or commercial planned unit

development density evaluation steps to arrive at an allowable number of dwelling units or sites.

(E) Residential and Commercial PUD Density Evaluation

The procedures for determining the “base” density of a PUD and density increase

multipliers are as follows. Allowable densities may be transferred from any tier to any other tier

further from the waterbody, but must not be transferred to any other tier closer.

(1) Residential PUD “Base” Density Evaluation:

(a) The suitable area within each tier is divided by the single residential lot size

standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless

the local unit of government has specified an alternative minimum lot size for rivers which shall

then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and

numbers of dwelling units or sites for the residential planned unit developments are then compared

with the tier, density, and suitability analyses herein and the design criteria in Section 8.6

(2) Commercial PUD “Base” Density Evaluation:

(a) Determine the average inside living area size of dwelling units or sites within

each

tier, including both existing and proposed units and sites. Computation of inside living area sizes

need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are

habitable space.

(b) Select the appropriate floor area ratio from the following table:

Commercial Planned Unit Development

Floor Area Ratios*

Public Waters Classes

Sewered general Second and

development lakes; additional tiers on

first tier on unsewered unsewered general

general development development lakes;

lakes; urban, recreational development

*Average agricultural, natural lakes; environment

Unit floor tributary river transition and lakes and remote river

Area (sq. ft.) segments forested river segments segments

200 .040 .020 .010

300 .048 .024 .012

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400 .056 .028 .014

500 .065 .032 .016

600 .072 .038 .019

700 .082 .042 .021

800 .091 .046 .023

900 .099 .050 .025

1,000 .108 .054 .027

1,100 .116 .058 .029

1,200 .125 .064 .032

1,300 .133 .068 .034

1,400 .142 .072 .036

1,500 .150 .075 .038

*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet.

For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping

areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping

areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for

1,000 square feet.

(c) Multiply the suitable area within each tier by the floor area ratio to yield total

floor area for each tier allowed to be used for dwelling units or sites.

(d) Divide the total floor area by tier computed in Item C. above by the average

inside living area size determined in Item A. above. This yields a base number of dwelling units

and sites for each tier.

(e) Proposed locations and numbers of dwelling units or sites for the commercial

planned unit development are then compared with the tier, density and suitability analyses herein

and the design criteria in Section 8.6.

(3) Density Increase Multipliers:

(a) Increases to the dwelling unit or dwelling site base densities previously

determined are allowable if the dimensional standards in Section 5.0 are met or exceeded and the

design criteria in Section 8.6 are satisfied. The allowable density increases in Item B. below will

only be allowed if structure setbacks from the ordinary high water level are increased to at least 50

percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent

amount through vegetative management, topography, or additional means acceptable to the local

unit of government and the setback is at least 25 percent greater than the minimum setback.

(b) Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or

Commercial Planned Unit Developments:

Density evaluation tiers Maximum density increase

Within each tier (percent)

First 50

Second 100

Third 200

70

Fourth 200

Fifth 200

(F) Maintenance and Design Criteria

(1) Maintenance and Administration Requirements.

(a) Before final approval of a planned unit development, adequate provisions must

be developed for preservation and maintenance in perpetuity of open spaces and for the continued

existence and functioning of the development.

(b) Open space preservation. Deed restrictions, covenants, permanent easements,

public dedication and acceptance, or other equally effective and permanent means must be provided

to ensure long-term preservation and maintenance of open space. The instruments must include all

of the following protections:

1. commercial uses prohibited (for residential PUD’s);

2. vegetation and topographic alterations other than routine maintenance

prohibited;

3. construction of additional buildings or storage of vehicles and other materials

prohibited; and

4. uncontrolled beaching of watercraft prohibited.

(c) Development organization and functioning. Unless an equally effective

alternative community framework is established, when applicable, all residential planned unit

developments must use an owners association with the following features:

1. membership must be mandatory for each dwelling unit or site purchaser and

any successive purchasers;

2. each member must pay a pro rata share of the association’s expenses, and

unpaid assessments can become liens on units or sites;

3. assessments must be adjustable to accommodate changing conditions; and

4. the association must be responsible for insurance, taxes, and maintenance of

all commonly owned property and facilities.

(2) Open Space Requirements. Planned unit developments must contain open space

meeting all of the following criteria:

(a) at least 50 percent of the total project area must be preserved as open space;

(b) dwelling units or sites, road rights-of-way, or land covered by road surfaces,

parking areas, or structures, except water-oriented accessory structures or facilities, are developed

areas and shall not be included in the computation of minimum open space;

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(c) open space include areas with physical characteristics unsuitable for development

in their natural state, and areas containing significant historic sites or unplatted cemeteries;

(d) open space may include outdoor recreational facilities for use by owners of

dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general

public;

(e) open space may include subsurface sewage treatment systems if the use of the

space is restricted to avoid adverse impacts on the systems;

(f) open space must not include commercial facilities or uses, but may contain

water-oriented accessory structures or facilities;

(g) the appearance of open space areas, including topography, vegetation, and

allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public

dedication and acceptance, or other equally effective and permanent means; and

(h) the shore impact zone, based on normal structure setbacks, must be included as

open space. For residential PUD’s, at least 50 percent of the shore impact zone area of existing

developments or at least 70 percent of the shore impact zone area of new developments must be

preserved in its natural or existing state. For commercial PUD’s, at least 50 percent of the shore

impact zone must be preserved in its natural state.

(3) Erosion Control and Stormwater Management. Erosion control and stormwater

management plans must be developed and the PUD must:

(a) be designed, and the construction managed, to minimize the likelihood of serious

erosion occurring either during or after construction. This must be accomplished by limiting the

amount and length of time of bare ground exposure. Temporary ground covers, sediment

entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to

minimize erosion impacts on surface water features. Erosion control plans approved by a soil and

water conversation district may be required if project size and site physical characteristics warrant;

and

(b) be designed and constructed to effectively manage reasonably expected quantities

and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25

percent of the tier area, except that for commercial PUD’s 35 percent impervious surface coverage

may be allowed in the first tier of general development lakes with an approved stormwater

management plan and consistency with Section 5.3.

(4) Centralization and Design of Facilities. Centralization and design of facilities and

structures must be done according to the following standards:

(a) planned unit developments must be connected to publicly owned water supply

and sewer systems, if available. On-site water supply and sewage treatment systems must be

centralized and designed and installed to meet or exceed applicable standards or rules of the

Minnesota Department of Health and Sections 5.2 and 5.8 of this ordinance. On-site sewage

treatment systems must be located on the most suitable areas of the development, and sufficient

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lawn area free of limiting factors must be provided for a replacement soil treatment system for each

sewage system;

(b) dwelling units or sites must be clustered into one or more groups and located on

suitable areas of the development. They must be designed and located to meet or exceed the

following dimensional standards for the relevant shoreland classification: setback from the ordinary

high water level, elevation above the surface water features, and maximum height. Setbacks from

the ordinary high water level must increased in accordance with Section 8.53 of this ordinance for

developments with density increases;

(c) shore recreation facilities, including but not limited to swimming areas, docks,

and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable

for them. Evaluation of suitability must include consideration of land slope, water depth,

vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of

spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for

each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an

existing commercially used harbor). Launching ramp facilities, including a small dock for loading

and unloading equipment, may be provided for use by occupants of dwelling units or sites located in

other tiers;

(d) structures, parking areas, and other facilities must be treated to reduce visibility

as viewed from public waters and adjacent shorelands by vegetation, topography, increased

setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-

on conditions. Vegetative and topographic screening must be preserved, if existing, or may be

required to be provided;

(e) accessory structures and facilities, except water oriented accessory structures,

must meet the required principal structure setback and must be centralized; and

(f) water-oriented accessory structures and facilities may be allowed if they meet or

exceed design standards contained in Section 5.2 of this ordinance and are centralized.

(G) Conversions

Local governments may allow existing resorts or other land uses and facilities to be

converted to residential planned unit developments if all of the following standards are met:

(1) Proposed conversions must be initially evaluated using the same procedures for

residential planned unit developments involving all new construction. Inconsistencies between

existing features of the development and these standards must be identified.

(2) Deficiencies involving water supply and sewage treatment, structure color,

impervious coverage, open space, and shore recreation facilities must be corrected as part of the

conversion or as specified in the conditional use permit.

(3) Shore and bluff impact zone deficiencies must be evaluated and reasonable

improvements made as part of the conversion. These improvements must include, where

applicable, the following:

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(a) removal of extraneous buildings, docks, or other facilities that no longer need to

be located in shore or bluff impact zones;

(b) remedial measures to correct erosion sites and improve vegetative cover and

screening of buildings and other facilities as viewed from the water; and

(c) if existing dwelling units are located in shore or bluff impact zones, conditions

are attached to approvals of conversions that preclude exterior expansions in any dimension or

substantial alterations. The conditions must also provide for future relocation of dwelling units,

where feasible, to other locations, meeting all setback and elevation requirements when they are

rebuilt or replaced.

(4) Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5

may be allowed to continue but must not be allowed to be increased, either at the time of conversion

or in the future. Efforts must be made during the conversion to limit impacts of high densities by

requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities,

installing new sewage treatment systems, or other means.

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CHAPTER 155: RESIDENTIAL RENTAL PROPERTY LICENSING

Section

General Provisions

Subd. 1. Purpose

Subd. 2. Definitions

Subd. 3. Registration and License Requirements

Subd. 4. Fees & Penalties

Subd. 5. Manner of Registration, Licensing and Renewal

Subd. 6. Method and Manner of Certification

Subd. 7. Method of Renewal

Subd. 8. Method of Correction

Subd. 9. Transfer of Property

Subd. 10. License Suspension and Revocation

Subd. 11. Maintenance of Records

Subd. 12 Rental Appeals Board

Subd. 13. Appeal Process

Subd. 14. Authority

Subd. 15. Posting

Subd. 16. Inspection Access

Subd. 17. Applicable Laws

Subd. 18. Tenant Identification

Subd. 19. Tenant Requested Inspection

Subd. 20. Rules, Policies and Procedures

Subd. 21. Inspsection Standards

a. Definitions

b. Electrical Requirements

c. Fire Protection

d. Exterior Structure

e. Interior Structure

f. Mechanical Requirements

g. Plumbing

h. Applicances

i. Food Preparation Areas

j. Rubbish/Garbage

k. Stairs & Rails

l. General Building Requirements

m.Environmental Hazards

n. Manufactured Homes

Subd. 22. Criminal Penalties

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CHAPTER 155: RENTAL PROPERTY LICENSING Section

Subd. 1. Purpose. The City recognizes a need for an organized inspection program of residential rental units within the City in order to establish and enforce minimum standards for rental units to meet City and State safety, health, fire, and zoning codes within the City and to provide a more efficient system to ensure that rental property is properly maintained. The City recognizes that the most efficient system to provide for rental inspections is the creation of a program requiring the registration and license of all residential rental units within the City so that orderly inspections can be undertaken.

Subd. 2. Definitions.

a. The term “residential rental property” means any building, structure, room, enclosure, or mobile home including the real property upon which it is located and which surrounds it, which is rented or offered for rent as living quarters. Residential rental property does not mean on-campus housing at the hospital units, nursing home units, or hotels or motels with daily rental units, all of which shall be specifically exempt from registration and license under this Section.

b. The term “person” includes natural persons as well as business entities, whether one or more.

c. The term “enforcement officer” means any person designated by the City to perform inspections and determine compliance with the applicable rules, standards, statutes and ordinances.

Subd. 3. Registration and License Requirements. It is unlawful for any person to hereafter occupy, allow to be occupied, advertise for occupancy, solicit occupants of, or let to another person for occupancy any residential rental property within the City for which an application for license has not been properly made and filed with the City of Appleton and for which there is not an effective license. Initial application and renewal shall be made upon forms furnished by the City for such purpose and shall specifically require the following minimum information:

a. Name, address and phone number of the property owner and, if owner is not a natural person, the name, address and phone number of a designated agent for the owner.

b. The name, phone number, and address of any person authorized to make or order made repairs or services for the property, if in violation of City or State Codes, if the person is different than the owner.

c. The street address of the rental property. d. The number and types of units within the rental property (dwelling units or

sleeping rooms). A rental property owner and/or the designated agent must notify the City of Appleton in writing within 15 calendar days after any change in the above information.

Subd. 4. Fees & Penalties. There shall be a license fee for the initial license, a renewal fee every three years thereafter. The fee shall be based upon the number of units in the case of multiple unit dwellings. There shall also be a license transfer fee and a license reinstatement fee. All fees shall be established by motion of the Council. Administrative penalties for failure to comply with any portion of these rules, standards, statutes, and ordinances will be established by resolution of the Council.

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Subd. 5. Manner of Registration, Licensing and Renewal.

a. Initial application for license of property which is not licensed as residential rental property on the effective date of this Section, or for licensed residential rental property when there is a change in type of occupancy, shall be made by personally filing an application for license with the City before the property is used as residential rental property or before use as a new type of occupancy.

b. If there is a change in the type of occupancy from the type stated on the registration statement, a new registration statement and license will be required.

Subd. 6. Method and Manner of Certification. Upon receipt of an initial application, the City shall forward a copy to the enforcement officer, who shall then, within 10 (ten) working days, perform an inspection of the property to determine whether such property complies with the provisions of applicable rules, standards, statutes and ordinances. The enforcement officer shall make a report thereon. No license shall be issued if the premises and building do not fully comply with all the provisions of the applicable rules, standards, statutes and ordinances which pertain to such dwelling units.

Subd. 7. Method of Renewal.

a. Phase-in of Renewal. Properties in the following three classes, which have had inspection and been found in compliance, will not need re-inspection in order to be eligible for their first license renewal. Renewal applications for rental property licensed as of the effective date of this ordinance shall be processed in accordance with the following provisions:

i. Licenses issued for properties last inspected before June 30, 2006, shall

expire on and require a new inspection before 12/31/2009. ii. Licenses issued for properties last inspected from July 1, 2006, to June 30,

2007, shall expire on and require a new inspection before 12/31/2010.

iii. Licenses issued for properties last inspected from July 1, 2007, to the effective date of this ordinance shall expire on and require a new inspection before 12/31/2011.

b. Each new license issued pursuant to this Section, and each renewal license issued

after the phase-in period set forth at Subdivision 7 (a), above, shall expire on the 31st of December in the 3rd year following the year of issuance. The City shall mail renewal applications for license to the property owner or the designated agent on or before September 5th of the year the license expires. Failure to receive a renewal application for license from the City shall not excuse the owner from meeting the license requirements. Renewal applications for license may be returned by mail, at the property owner’s risk, to the City. Renewal of licenses will not occur unless the renewal fee has been paid and the property has been inspected and found to be in compliance by the enforcement officer within ninety-days (90) of the date of the renewal notice. It is the owner’s responsibility to ensure ample time is planned for accommodating the renewal inspection before the license expires.

Subd. 8. Method of Correction. Whenever an enforcement officer determines that any residential rental property fails to meet the requirements set forth in the applicable rules, standards, statutes or ordinances; the City shall issue a correction notice setting forth the violations and ordering the occupant, owner and/or owner’s designated agent to correct such violations. This notice and order shall:

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a. Be in written form; b. Describe the location and nature of the violation;

c. Establish a reasonable time for the correction of any violation; d. Be served upon the owner, the owner’s designated agent and/or the occupant as the

case may require. Such notice shall be deemed to be properly served if a copy thereof is:

(1) Served upon the owner, designated agent and/or occupant personally;

or (2) Sent by certified mail, return receipt requested.

Failure to correct violations within the time period stated in the correction order shall result in an administrative penalty to be set by Council resolution, as well as other sanctions provided by law or this ordinance. If the correction order relates to actions or omissions of the occupant, and the occupant fails to make the necessary correction, the licensee may be required to remedy the condition by whatever means necessary. No adverse action shall be taken against a licensee for failure to remedy a condition during the pendency of a bona fide eviction proceeding being pursued diligently by the licensee.

Subd. 9. Transfer of Property. To transfer the license from one property owner to another, the licensee shall give written notice, including the name and address of the transferee, to the City of the proposed transfer, within thirty-days (30) after such transfer. The transferee must make application with the City and pay the required fee for a transfer of the license within thirty-days (30) after the transfer of property. Failure to make application within the specified time limit shall result in automatic forfeiture of the license. Re-licensing of any property for which the license has been forfeited shall require application for a new license. Issuance of any license when there is a transfer of property shall require the property to be in compliance with all requirements of the applicable rules, codes, statutes and ordinances. The fee for license transfer shall be set by Council resolution.

Subd. 10. License Suspensions and Revocation.

a. Any license may be revoked or suspended at any time during the life of said license for grounds including, but not limited to the following:

(1) False or misleading information given or provided in connection with the

license application or renewal; (2) Failure to pay any fee herein provided for; (3) Failure to comply with Subdivision 16, below; (4) Failure to correct violations in the time period prescribed; (5) Violations committed or permitted by the licensed owner and/or the

owner’s designated agent, of any rules, codes, statutes and ordinances relating to, pertaining to, or governing the license and the premises;

b. A suspended license shall be reinstated when the circumstances leading to the

suspension have been remedied and a reinstatement fee as set by Council resolution has been paid.

Subd. 11. Maintenance of Records. All records, files, and documents pertaining to the Rental License Program shall be maintained for five years after the license expiration, in the office of the City and made available to the public as allowed or required by the applicable laws, rules, codes, statutes or ordinances.

Subd. 12. Rental Appeals Board. The Rental Appeals Board (consisting of the membership of the appointed members of the Planning Commission) is hereby designated to act as an advisory body.

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The Board shall consist of five (5) members appointed by the Council. The Board shall hear appeals arising from a correction order and make recommendations to the Council to affirm, modify or reverse, in whole or in part, such order. This Board shall also review and approve administrative policies and procedures pursuant to this ordinance, and regularly review and make such recommendations, as the Board deems reasonable and necessary to the Council as to the schedules of fees and penalties required under this Section.

Subd. 13. Appeal Process. When it is alleged by any person to whom a correction order is directed that such order is based upon erroneous interpretation of the applicable rules, standards, statutes or ordinance or mistake in fact, such person may appeal the correction order to the Rental Appeals Board. Such appeal must be in writing, must specify the grounds for the appeal, must be accompanied by any filing fee set by the Council and must be filed within five (5) business days after service of the correction order. Upon receipt of the written appeal, the City shall set a date for a hearing and give the appellant at least five (5) days prior written notice of the date, time and place of the hearing. By mutual agreement between the appellant and the City Clerk, the five (5) day notice may be waived. The appellant shall have the right to appear and be represented by counsel. The Rental Appeals Board shall hear and consider the matter within thirty-days (30) of the filing of an appeal. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless the enforcement officer certifies that such a stay would cause imminent peril to life, health, or property. The Rental Appeals Board shall issue its recommendation to the Council and the appellant in writing within thirty-days (30) after the hearing. The Council shall thereafter affirm, modify or reverse the correction order upon such terms as the Council deems necessary to accomplish the purposes of this ordinance. A copy of the decision shall be mailed to the appellant.

Subd. 14. Authority. Nothing in this Section shall prevent the City from taking action under any applicable rule, standard, statute or ordinance for violations thereof to seek either injunctive relief or criminal prosecution for such violations as therein provided. Nothing contained in this Section shall prevent the City from seeking injunctive relief against a property owner or designated agent who fails to comply with the terms and conditions of this Section on registration and licensing including an order prohibiting the occupancy of such rental units until violations of this Section have been remedied by the property owner or designated agent.

Subd. 15. Posting. Every licensee of residential rental property shall conspicuously post a receipted copy of the current license (in a frame with transparent cover) in a public corridor, hallway, or lobby of the rental property for which it is issued. For other than multiple dwellings, the licensee must post the license certificate in a frame with a transparent cover in such a manner so as to be easily viewed and readable at or near the front entrance of the building for which it was issued.

Subd. 16. Inspection Access. Property owners and their agents shall permit the enforcement officer to inspect all premises governed by this ordinance to determine if the building is operated as a rental property and/or to determine compliance with the provisions of this section, and shall fully cooperate with such inspections. The property owners or their agents shall make reasonable efforts to notify tenants of planned inspections of their rental units to the extent required by state law. If an owner, occupant, or other person in charge of a dwelling, dwelling unit or a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this section, the enforcement officer may, upon a showing that probable cause (as the term is defined in Camara v. Municipal Court, 387 U.S. 523 (1967)) exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of

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this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or a search warrant from a court of competent jurisdiction. Except as specifically authorized to the contrary by the court in exigent circumstances, search warrants under this section shall be executed at reasonable times and after reasonable efforts to give the owner (or other person in charge) and the occupant at least five (5) days written notice of the date and time of the inspection authorized by the warrant. Property owners shall cooperate in the execution of all administrative search warrants and court orders, including providing access and entry to rented premises where directed to do so. An authorized representative of the property owner shall be present on the premises during inspections; however, failure of a property owner to comply with this requirement shall not deprive the City of the authority to inspect. Failure of a property owner to obey any of the requirements of this subdivision shall subject the property owner to suspension or revocation of license, in addition to other remedies and/or penalties provided by law. Any such suspension or revocation shall continue until the inspection sought has been completed, any violations satisfactorily remedied and any outstanding fees or penalties have been paid.

Subd. 17. Applicable Laws. Licensees shall be subject to all applicable rules, standards, statutes and ordinances; and this Section shall not be construed or interpreted to supersede any other such applicable rules, standards, statutes or ordinances.

Subd. 18. Tenant Identification. Licensees are required to provide names of tenants occupying rental property when the City, or a Police Officer submits a written request.

Subd. 19. Tenant Requested Inspection. A tenant may at any time request an inspection of the rental property in which they currently reside. A fee for such inspection shall be imposed on the tenant only if the Council finds, by a preponderance of the evidence that the request was made in bad faith.

Subd. 20. Rules, Policies and Procedures. The City Council may adopt from time to time, by resolution, rules, policies and procedures for the implementation of this section. Violation of any such rule, policy or procedure by a property owner shall be considered a violation of this ordinance.

Subd. 21. Inspection Standards. All rental property will be required to meet the standards set forth herein in order to obtain and/or maintain a license pursuant to this ordinance.

a. DEFINITIONS

Basement. That portion of a building which is partly or completely below grade.

Crack. An opening severe enough to allow wind, rain, snow, rodents, insects, into a building or where inside a building, the opening allows debris to enter and the above activities to occur.

Dwelling Unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Environmental Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

Equipment. Parts or sole portions of a system used and installed for a particular purpose.

Exhaust. Combustion products produced by an appliance or system.

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Fuel-burning appliance. Those using natural gas, propane gas, fuel oil, coal, wood or any other flammable liquid or combustible material.

GFI’s. An outlet that has a ground fault interrupter or an outlet supported by a ground fault interrupter breaker within a circuit breaker panel.

Guardrail. A system of building components located near the open sides of elevated walking surfaces for the purpose of minimizing the possibility of an accidental fall from the walking surface to the lower level.

Habitable Space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

Handrail. Railing provided for grasping with the hand for support.

Imminent Danger. A condition which could cause serious or life-threatening injury or death at any time.

Infestation. Large numbers of insects or rodents, or numbers capable of causing contamination or other health hazards.

Openable Area. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Safe Manner. Free from danger; not likely to cause injury or do harm.

Security Doors. Any door which opens to the outside or public area of the building.

System. A collection of parts, equipment, apparatus or components used to provide various outcomes depending on their design. For example – electrical systems for fire protection purposes.

b. ELECTRICAL REQUIREMENTS

Section 1.01 – General – All electrical equipment, wiring and appliances shall be properly installed, maintained in a safe manner and shall meet the minimum standards of Minnesota Rules, Chapter 1311.413.

Section 1.02 - Electrical Systems – Whenever there is insufficient evidence of compliance with the provisions of this these standards, or evidence that a material or installation does not conform to this ordinance or it’s intended use; the building official may require tests as evidence of compliance to be made at no expense to the City.

Equipment regulated by this ordinance, which is unsafe or which constitutes a fire or health hazard or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment, is an unsafe use. Unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal.

Section 2.01 – Outlets / Receptacles – Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every basement, laundry area, bathroom, furnace room, utility room shall contain at least one ground fault interceptor receptacle and

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shall be separate from the fixture.

Section 2.02 – Ground Fault Interrupters (GFI’s) – Receptacles in bathrooms, kitchens, and laundry rooms must be GFI’s where receptacles are within 6 feet of a water supply.

Section 2.03 – Where present, exterior receptacles must have GFI protection with appropriate waterproof protective covers.

Section 2.04 – All electrical boxes on the exterior of a dwelling must have an appropriate listed and approved cover for that location and purpose.

Section 3.01- Lighting – Every public or private hall, interior stairway, toilet room, kitchen, dining room, basement, bathroom, laundry room, boiler room, furnace room, outdoor entries and similar areas shall contain at least one working electrical lighting fixture. Living or sleeping rooms may be provided with switched outlets for the use of lamps.

Section 4.01 – Extension Cords – Must not be used to supply current to microwave ovens, stoves, refrigerators, air conditioners, furnaces, water heaters, water softeners, clothes washers or dryers. Power strips are allowed for computers, TV’s, radios, stereos, VCR’s, cd players and other such electronic equipment.

Section 5.01 – Electrical Panels – Access to the electrical panels must not be blocked and must have appropriate covers.

Section 6.01 – Electrical Hazards – Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the enforcement officer shall require the defects to be corrected to eliminate the hazard.

c. FIRE PROTECTION

Section 1.01 – General – All equipment, systems and individual parts shall be properly installed and maintained in a safe manner.

Section 2.01 - Smoke Detectors/Alarms - Any room used for sleeping purposes shall be provided with smoke detectors. Detectors shall be installed in accordance with the approved manufacturer’s instructions. When a dwelling unit has more than one story and in dwellings with basements, a detector shall also be installed on each story including the basement. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. All smoke detectors shall be maintained operational at all times.

Section 3.01 – Multi-story buildings - In multi-story apartment buildings where an approved fire alarm system has been installed and provides equivalent protection to smoke detectors, the smoke alarm system, if not otherwise required, may be waived.

Section 4.01 – Egress – A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way.

Section 5.01 - Egress Windows – Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. All basement bedrooms shall meet egress window requirements; escape or rescue windows shall have a minimum net clear openable area of 5.7 sq. ft. The minimum net clear openable height dimensions shall be 24”, the width 20”. When windows are provided as a means of escape or rescue, there shall be a maximum of 44” from the floor to the window opening.

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Exceptions are granted to windows meeting HUD standards of 5.0 sq. ft. of clear openings.

Section 6.01 – Window Wells – Window wells with a vertical depth of more than 44” shall be equipped with an approved permanent affixed ladder or stairs that are accessible with the window in the fully open position. The ladder or stairs shall not encroach into the required dimensions of the window well by more than 6”.

Section 6.02 – Window Coverings – Egress window wells must be covered and free of any obstruction. Window well covers are required for each egress window. Covers shall be of rigid and transparent or translucent material with framework of decay resistant material or manufactured covers designed to fit a window well.

d. EXTERIOR STRUCTURE

Section 1.01 – General – The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

Section 2.01 – Protective Treatment – All exterior surfaces, including but not limited to, doors, door thresholds, door and window frames, cornices, gutters, porches, trim, roofs, balconies, decks, and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.

Section 2.02 – All structural members shall be maintained in sound condition and capable of supporting the imposed loads.

Section 3.01 – Glass – All broken and/or unstable cracked glass must be replaced.

Section 4.01 - Doors – In general, doors must be weather tight, rodent proof, afford privacy and operate correctly. In addition, any door which opens into a common hallway or public area must be equipped with a door view-port (peep-hole).

Section 4.02 – Security doors must have fully operational locks which are capable of being locked from the exterior. Security doors with deadbolt locks must be interior operated without a key.

Section 4.03 – Screen doors must be provided unless steel doors and thresholds are present. Swinging storm/screen doors must be self-closing and in good working condition.

Section 4.04 – Locks on bathroom doors shall be of the type that can be opened from the outside of the room.

Section 5.01 – Windows – Those windows on the first story or below, other than those which are fixed, shall be easily operable and capable of being locked in the closed position for the purpose of providing security. Screens, combinations and storms are not considered sufficient for security. The lock must be on the interior window sash.

Section 5.02 – Screens – Every basement or cellar opening used or intended to be used for ventilation which might provide entry for rodents shall be supplied with a screen or

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storm/screen combination.

Section 5.03 - During the period from April 1 – September 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, or any areas where products to be utilized in food for human consumption is stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging storm/screen door shall have a self-closing device in good working condition. Screens shall be maintained in good repair and free of holes other than those of design size.

e. INTERIOR STRUCTURE

Section 1.01 – General Conditions – The interior of a structure shall be maintained in good repair and sanitary condition.

Section 1.02 – Structural members shall be maintained in sound condition and capable of supporting the imposed loads.

Section 2.01 – Glass – Broken and/or unstable cracked glass must be replaced. Glass in hazardous locations must be safety glass.

Section 3.01 – Doors – Doors must be operating correctly. Doors to bathrooms and bedrooms must be affording privacy.

Section 3.02 – Bathroom Doors – Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passage to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. The locking device on bathroom doors must also be of the style which can be opened from the outside.

Section 4.01 – Floors – Damaged, rotten, or loose floor sheathing shall be secured or replaced.

Section 4.02 – Floor coverings – Coverings which are loose, torn, broken or in such a condition to cause tripping and or injury shall be secured or replaced.

Section 5.01 – Walls – Damaged, rotten or loose wall coverings or sheathing shall be repaired, replaced or secured in place.

Section 5.02 - Bathroom walls and finishes around tubs and showers shall be in sound condition and nonabsorbent wall finishes shall be in place with no cracks, holes or other defects which would allow moisture entry into the wall. Wall assemblies that support tile, surrounds or other forms of waterproofing shall be structurally sound. All penetrations thru and around the tile or surround must be caulked and/or sealed.

Section 6.01 – Ceilings – Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

f. MECHANICAL REQUIREMENTS

Section 1.01 – General Conditions – All mechanical equipment, chimneys, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition. Decorative fireplaces not intended for use shall be allowed to exist provided that

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the owner notifies the occupant in writing that the fireplace unit is not usable, both the owner and occupant shall sign such document. Space heaters and auxiliary heating units must comply with manufacturer’s recommendations and conform to the intended use.

Section 1.02 – Mechanical Systems – Whenever there is insufficient evidence of compliance with the provisions of these standards, or evidence that a material or installation does not conform to this ordinance or it’s intended use; the enforcement officer may require tests as evidence of compliance to be made at no expense to this jurisdiction. Equipment regulated hereunder, which is unsafe or which constitutes a fire or health hazard, or is otherwise dangerous to human life, is, for the purpose of this section, unsafe. Use of equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment, is an unsafe use. Unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal.

Section 1.03 – Appliances which burn gas, propane gas or fuel oil shall be provided with an approved independent shut-off valve in an accessible location, within the same room, within 3 feet of the appliance. Shut-off valves must be attached to rigid pipe, have handles permanently affixed and fastened to the valve.

Section 2.01 – Heating Facilities – Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65 degrees F. in all habitable rooms, bathrooms, toilet rooms, hallways and utility room; by means of diffuser, separate heating unit or transfer grill.

Section 2.02 – The required room temperatures shall be measured 3 feet above the floor near the center of the room and 2 feet inward from the center of each exterior wall.

Section 2.03 – All mechanical equipment used to supply heat shall not be installed unless labels for such purpose and the installation is specifically approved as evidenced by the listing and label of an approving agency. (ie. A UL listing)

Section 2.04 – Appliances designed primarily for cooking or water heating for domestic use shall not be considered as heating facilities within the meaning of this section.

Section 2.05 – Boilers must be inspected annually when equipped with an RPZ (relief pressure zone) valve unless they are a closed system.

Section 3.01 – Exhaust Systems – Exhaust systems shall be designed and constructed so as to develop a positive flow adequate to convey all combustion products to the outside atmosphere.

Section 3.02 – Unused openings in an exhaust venting system shall be closed or capped in a safe and approved manner according to recognized standards.

Section 3.03 – The exhaust system must be properly supported to maintain proper clearance, to prevent physical damage and to prevent separation of the joints.

Section 3.04 – The exhaust system shall be connected to the appliance in a safe manner and/or in accordance with the listing and manufacturer’s installation instructions and applicable standards. Power or fan-assisted appliances must have separate venting systems. Electric stoves/ranges do not require an exhaust venting system.

Section 3.05 – Fuel-burning appliances shall be exhausted directly outside with approved fasteners designed for the system. Exhaust vent terminations at the building exterior must

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be connected to an approved hood specifically designed for that application and in accordance with the manufacturer’s instructions. The point of discharge shall not be within 3 feet of any opening which allows air into an occupied portion of the building.

Section 3.06 – Any exhaust mechanism must slope less than 90 degrees from the appliance to the chimney.

Section 3.07 – Proper clearances shall be maintained between exhaust system vents and combustibles. Prohibited exhaust spaces shall include but are not limited to: attics, crawl spaces, fireplaces, basements, or attached accessory use space such as garages, workshops, floor, ceiling and wall spaces.

Section 3.08 – Gas piping must be AGA approved (copper, black galvanized, stainless flex or other approved materials that meet International Fuel Gas Codes) and sized according to the proper use.

Section 4.01 – Environmental Ventilation – Habitable rooms within a dwelling shall be provided with natural ventilation by means of openable exterior openings or a mechanical ventilation system.

Section 4.02 – Bathrooms, water closets, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one twentieth of the floor area of such rooms with a minimum of 1 ½ square feet.

In lieu of required exterior openings for natural ventilation in bathrooms containing a bathtub or shower or combination thereof, laundry rooms, and similar rooms, a mechanical ventilation system connected directly to the outside capable of providing five air changes per hour shall be provided. The point of discharge of exhaust air shall be at least 3 feet from any opening into the building. Bathrooms which contain only a water closet and lavatory, and similar rooms, may be ventilated with an approved mechanical system and shall not be recirculated.

Section 4.03 - The ventilation system shall be installed and maintained in a safe manner and in accordance with the listing and manufacturer’s installation instructions and applicable standards.

Section 4.04 – The ventilation systems must discharge directly outside and the terminations must be connected to an appropriate hood or cap specifically designed for the application. Prohibited termination spaces shall include but are not limited to: attics, crawl spaces, fireplaces, basements, or attached accessory use space such as garages, workshops, floor, ceiling and wall spaces.

g. PLUMBING

Section 1.01 – General – The plumbing system must be maintained in a safe and sanitary condition. These standards are founded upon certain basic principles of environmental sanitation and safety through properly designed, acceptably installed and adequately maintained plumbing systems. Some of the details of plumbing construction may vary but the basic sanitary and safety principles desirable and necessary to protect the health of the people are the same everywhere. As interpretations may be required, and as unforeseen situations arise which are not specifically covered in these standards, the twenty-three principles which follow shall be used to define the intent.

i. All premises intended for human habitation, occupancy, or use shall be

provided with a potable water supply which meets the requirements of the

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commissioner of health. Such water supply shall not be connected with unsafe water sources nor shall it be subject to the hazards of backflow or back-siphonage.

ii. Proper protection shall be provided to prevent contamination of food, water, sterile goods, and similar materials by backflow of sewage. When necessary, the fixtures, device, or appliance shall be connected indirectly with the building drainage system.

iii. Each family dwelling unit shall have at least one water closet, one lavatory, one kitchen type sink, and one bathtub or shower to meet the basic requirements of sanitation and personal hygiene. All other structures for habitation shall be equipped with sufficient sanitary facilities.

iv. Every building with installed plumbing fixtures and intended for human habitation, occupancy, or use when located on premises where a public sewer is available within a reasonable distance shall be connected to the sewer.

v. The building drainage system shall be designed to provide adequate circulation of air in all pipes with no danger of siphonage, aspiration, or forcing of trap seals under conditions of ordinary use.

vi. The drainage system shall be designed, constructed, and maintained to conduct the waste water with velocities which will prevent fouling, deposition of solids, and clogging.

vii. The drainage system shall be provided with an adequate number of cleanouts so arranged that in case of stoppage the pipes may be readily cleaned.

viii. Where a building drainage system may be subjected to back flow of sewage, suitable provision shall be made to prevent its overflow in the building.

ix. Each vent terminal shall extend to the outer air and be so installed a minimum of 12” above the roof lineas to minimize the possibilities of clogging and the return of foul ir to the building.

x. No substance which will clog or accentuate clogging of pipes, produce explosive mixtures, destroy pipes or other joints, or interfere unduly with the sewage disposal process shall be allowed to enter the drainage system.

xi. The piping of the plumbing system shall be of durable material free from defective construction and so designed and constructed as to give satisfactory service for its reasonable expected life.

xii. The plumbing system shall be subjected to adequate tests and to inspections in a manner that will disclose all leaks and defects in the work or the material.

xiii. Plumbing systems shall be maintained in a safe and serviceable condition from the standpoint of both mechanics and health.

xiv. Plumbing shall be installed with due regard to preservation of the strength of structural members and prevention of damage to the walls and other surfaces through fixture usage.

xv. Plumbing fixtures shall be made of durable, smooth, nonabsorbent, and corrosion-resistant material and shall be free from concealed fouling surfaces.

xvi. Plumbing fixtures, devices, and appurtenances shall be supplied with water in sufficient volume and at pressures adequate to enable them to function properly and without undue noise under normal conditions of use.

xvii. Plumbing fixtures shall be designed and adjusted to use the minimum quantity of water consistent with proper performance and cleaning. Hot water shall be supplied to all plumbing fixtures which normally need or require hot water for their proper use and function.

xviii. All plumbing fixtures shall be so installed to conform to International Residential Code R307.2 with regard to spacing as to be accessible for their intended use and cleansing.

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xix. Each fixture shall be provided with a separate, accessible self-scouring, reliable water-seal trap placed as near to the fixture as possible.

xx. No water closet or similar fixture shall be located in a room or compartment which is not properly lighted and ventilated.

xxi. If water closets or other plumbing fixtures are installed in a building where there is no sewer within a reasonable distance, suitable provision must be made for treatment of the building sewage by methods which meet the design criteria of the Minnesota Pollution Control Agency.

xxii. Devices for heating water and storing it shall have special use valves installed with a minimum of ¾ “ drop length extending to within 18 inches of the floor.

xxiii. Sewage or other waste shall not be discharged into surface or subsurface water unless it first has been subjected to an acceptable form of treatment.

Section 1.02 – Where a health or safety hazard exists by reason of an existing plumbing installation or lack thereof, the owner or the owner’s agent shall be responsible for installing additional plumbing or making such corrections as may be necessary to abate such nuisance and bring the plumbing installation within the provisions of these standards.

Section 2.01 – Required Facilities – Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

Section 3.01 – All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water where necessary for its normal operation.

Section 3.02 – All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material.

Section 4.01 – At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

Section 4.02 – Toilet rooms shall be finished in smooth, hard, nonabsorbent surface material.

Section 5.01 – Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower, and laundry facility at a temperature of not less than 120 degrees F.

Section 5.02 - A gas or oil burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided as prescribed by the manufacturer.

Section 5.03 - An approved combination temperature and pressure-relief valve and relief discharge pipe shall be properly installed and maintained on water heaters and boilers. There shall be a solid closeable door between the toilet room and any food preparation area.

Section 6.01 – When connecting plastic to other types of pipe use only approved types of fittings and adaptors designed for the specific transition. This also holds true when connecting differing plastic type pipes.

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Section 7.01 – Rental properties without individual curb stops, the landlord or owner shall be responsible for city utility billings.

h. APPLIANCES

Section 1.01 – All dwelling units must be equipped with a stove or alternative cooking appliance, and a refrigerator capable by design and function of keeping food items cold and safe for use.

i. FOOD PREPARATION AREAS

Section 1.01 – All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

j. RUBBISH / GARBAGE

Section 1.01 – All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish, garbage or recyclable materials.

Section 1.02 – Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in appropriate containers.

Section 1.03 - The owner of a rental unit with more than 4 (four) units shall provide adequate, leak proof containers for the storage of such materials until removal from the premises for disposal according to current City Code.

k. STAIRS & RAILS

Section 1.01 – All stairs, landings and railings shall be maintained in sound condition and good repair, be firmly fastened, and capable of supporting normally imposed loads.

Section 2.01 – Handrails – All stairs consisting of 4 (four) or more risers must have a handrail mounted immediately adjacent to the stairs.

Section 2.02 – The hand-grip portion of the rail shall not be less than 1 ¼ " not more than 2 5/8" in cross sectional dimension or the shape shall provide an equivalent gripping surface. The hand grip portion shall have a smooth surface with no sharp corners. Those projecting from a wall shall have a space of not less than 1 ½" between the wall and rail.

Section 2.03 – The top of handrails and handrail extensions shall not be placed less than 34" not greater than 38" above landings and nosing of treads. The handrail shall be continuous the full length of the stairs.

Section 3.01 – Guardrails – In 1 (one) or 2 (two) family dwellings, guardrails shall be a minimum of 36” in height above finished floors. In all other applications and occupancies, guardrails shall be a minimum of 42” above the floor. Section 3.02 – Existing guardrails are acceptable according to Minnesota Rules, Chapter 1311, Section 403. Section 3.03 – Where there are no guardrails or where the existing guardrails must be replaced in accordance with Minnesota Rules, Chapter 1311, Section 403.5, the guardrails

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shall be designated and installed in accordance with the Building Code.

Section 3.04 – Open guardrails shall have intermediate rails or an ornamental pattern such that a sphere 4” in diameter cannot pass thru. The triangular openings formed by the riser tread and bottom element of the guardrail at the open side of the stairway may be of such size that a sphere 6” in diameter cannot pass thru.

Section 3.05 – Unenclosed floors and roof openings, side of stairways, aisles, l Landings, ramps, balconies, porches, and roofs used for other than service of buildings which are more than 30” above grade or the floor below shall be protected by a guardrail as specified in this chapter.

Section 4.01 – Landings at doors – Regardless of occupant load served, landings shall have a width not less than the width of the door or the width of the stairway served, whichever is greater.

Section 4.02 – There shall be a floor or a landing at the top and bottom of each stairway or stair run.

Section 4.03 – Landings shall be level except that exterior landings may have a slope not to exceed ¼ unit vertical in 12 units horizontal.

l. GENERAL BUILDING REQUIREMENTS

Section 1.01 – Privacy – Each dwelling unit must be capable of being entered without having to go thru another unit.

Section 2.01 – Every foundation, floor, wall, ceiling, roof, window, exterior door, basement and cellar hatchway shall be reasonably weather tight; rodent proof; capable of affording privacy; and kept in good repair.

Section 3.01 – Premise ID – Approved #’s or addresses shall be provided in such a position as to be plainly visible and legible from the street or road fronting the property.

Section 4.01 – Elevators – Any building with an elevator must have a current inspection on file. Section 5.01 – Exit Signs – In buildings with more than 4 units, the path of egress travel to and within the exits shall be identified by exit signs.

Section 5.02 – Exit signs shall be readily visible from any direction of approach, located as necessary to clearly indicate the direction of egress travel.

Section 5.03 – No point shall be more than 100 ft. from the nearest visible exit sign.

Section 5.04 – Exits signs shall be either externally or internally illuminated and remain illuminated at all times.

Section 5.05 – Exit signs shall contain the word “exit” on the sign in block capital letters not less than 6” high with a stroke of not less than ¾”. The color and design of the letters, arrow, and other symbols on the signs shall be in high contrast with their backgrounds.

Section 6.01 – Infestations – The property must be free of rodent and insect infestations.

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m. ENVIRONMENTAL HAZARDS

Section 1.02 – General – Any suspected environmental hazards will be pursued with the appropriate agency.

n. MANUFACTURED HOMES

Manufactured Homes will be regulated by Title 24, Section 3280 of the Code of Federal Regulations.

Subd. 22. Criminal Penalties. Violation of any provision of this section by an owner, owner’s designated agent, and/or occupant shall constitute a misdemeanor.

Subd. 23. Severability. If any provision of this section or amendment thereto, or the application thereof to any person, entity or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, the remainder of this section shall remain in full force and effect and the application thereof to other persons, entities or circumstances shall not be affected thereby.