Loading...
The purpose of this Division E is to protect the public health, safety and the general welfare of the residents of and visitors to the city by accepting a delegation of authority from the State’s Department of Health pursuant to M.S. § 145A.07, subd. 1, as it may be amended from time to time, for the inspection and regulation of
,
and
within the city. The general objectives include:
(a) To prevent and correct living conditions that adversely affect, or are likely to adversely affect, the life, safety, general welfare and health of
occupying
,
and
and their adjoining neighbors;
(b) To require
,
and
and their facilities and equipment within the city to be maintained in a clean, orderly and sanitary condition;
(c) To safeguard life and property within the city from the hazards of fire and its spread by requiring
,
and
to maintain, at a minimum: adequate unobstructed fire lanes; properly installed and maintained utility service lines and connections, separation between
, tents,
, their accessory buildings and
; visible street and unit identification; and emergency shelters;
(d) To enforce those standards for cooking, heating and sanitary equipment necessary to the health and safety of the
,
and
occupants and their adjoining neighbors;
(e) To enforce those standards of light and ventilation necessary to health and safety;
(f) To enforce those standards for the maintenance of
,
and
,
and
necessary to prevent blight; and
(g) To preserve the value of land and buildings throughout the city.
(Ord. 2010-13, passed 5-17-2010; Ord. 2017-9, passed 5-1-2017)
It is the intent of this Division E to establish a permanent mode of protecting and regulating the living conditions of city residents who occupy
and live in
, or temporarily reside in
or
. Towards that end, this Division E sets forth the general requirements for design, inspection and associated procedures involved with administering and enforcing minimum standards for health and safety and transfers responsibility for administration and enforcement of regulations relating to
,
and
from the State Department of Health to the city’s Community Health Board.
(Ord. 2010-13, passed 5-17-2010; Ord. 2016-27, passed 11-7-2016)
For the purpose of prescribing regulations governing
and the parks in which they are situated,
and
, the city adopts the following statutes and rules as they may be amended from time to time, including further revisions adopted by the Commissioner of Health or Commissioner of Administration, to the extent that such are consistent with the provisions of this city code:
(a) Minnesota Rules Parts 4630.0200 through 4630.1700 and 4630.2210 through 4630.4700 (Department of Health, Camps and Manufactured Home Parks);
(b) M.S. §§ 327.14, 327.20 and 327.205 through 327.28 (Manufactured Home Parks and Recreational Camping Areas), as they may be amended from time to time;
(c) M.S. §§ 144.71, and 144.73 through 144.74 (Youth Camps), as they may be amended from time to time; and
(d) Minnesota Rules part 4717.7000 subpart 1(E) and (F) (Variances).
Where the conditions imposed by this Division E are either more restrictive or less restrictive than comparable provisions imposed by any other provision of this city code or other applicable law, rule or regulation as amended from time to time, the provision that establishes the more restrictive standards for the promotion of the public’s health, safety and welfare shall prevail.
(Ord. 2010-13, passed 5-17-2010)
The following words and terms, when used in this Division E, shall have the following meanings unless the context clearly indicates otherwise.
ATTACHMENT. Decks, porches, additions or other structures attached to or related to a particular manufactured home unit.
CARETAKER. The
or
appointed by the licensee to act as the licensee’s representative and assigned by the licensee the responsibility of managing the licensed premises on a permanent, day-to-day basis, including the duties of maintaining the real property, its facilities and equipment in a clean, orderly and sanitary condition, managing the behavior of all residents and guests on the licensed premises in a peaceful, orderly manner in compliance with all applicable laws and enforcing lease conditions relating to unit and
maintenance.
CHILDREN’S CAMPS. Synonymous with YOUTH CAMPS.
CLOSURE STATEMENT. A statement prepared by the
clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a 25-mile radius of the park that is closing and the probable relocation costs of the
located in the park.
DISPLACED RESIDENT. A resident of an owner-occupied
situated on a rental lot in a as of the date the
submits a
to the city’s Planning Commission.
ENFORCEMENT AUTHORITY. The City of Bloomington Community Development Department shall have the authority to enforce all of the zoning, planning, building and environmental health provisions of this Division E in consultation with the
.
ISSUING AUTHORITY. The City of Bloomington License Section in consultation with the Director of Community of Development.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. A
is not a MANUFACTURED HOME.
MANUFACTURED HOME PARK. Any site, lot, field or tract of land upon which two or more occupied
are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the
park.
MOBILE HOME. Synonymous with MANUFACTURED HOME.
PARK OWNER. The owner of a
and any
acting on behalf of the owner in the operation or management of a park.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or non-profit corporation; a trust; a political subdivision of the state; or any other business organization.
RECREATIONAL CAMPING AREA. Any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis for the accommodation of five or more tents or
free of charge or for compensation. RECREATIONAL CAMPING AREA excludes: children’s or ; industrial camps; migrant labor camps, as defined in Minnesota Statutes and State Commissioner of Health rules; United States forest service camps; state forest service camps; state wildlife management areas or state-owned public access areas which are restricted in use to picnicking and boat landing; and temporary holding areas for self-contained
created by and adjacent to motor sports facilities, if the Chief of Police determines that it is in the interest of public safety to provide a temporary holding area.
RECREATIONAL CAMPING VEHICLE. Includes the following:
(a) Any vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses;
(b) Any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation;
(c) Any portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle; and
(d) Any folding structure, mounted on wheels and designed for travel, recreation and vacation use.
SIGNIFICANTLY ALTER. Any material change in, or expansion in size or number of the physical outlay or footprint of any buildings,
, parking areas or the location of utility service lines from that set forth in the
.
SITE PLAN. The site plan most recently approved by the city for the real property described as the licensed premises detailing the proposed and existing location and dimensions of all features listed in § 14.543. The SITE PLAN is used to determine if the new, expanded or remodeled
, recreational camp area or meets the requirement of this Division E and state code. The SITE PLAN may be part of the final site and building plan review as required by zoning and building regulations of the city code.
SPECIAL EVENT RECREATIONAL CAMPING AREA. A which operates no more than two times annually and for no more than 14 consecutive days.
UNIT SITE. A defined area for the placement of a single, individual
,
, tent or other structure together with appurtenances thereon, including adjacent grounds within the control of the unit’s residents.
YOUTH CAMP. A parcel or parcels of land with permanent buildings, tents or other structures together with appurtenances thereon, established or maintained as living quarters where both food and beverage service and lodging or the facilities therefor are provided for ten or more people, operated continuously for a period of five days or more each year for educational, recreational or vacation purposes, and the use of the camp is offered to minors free of charge or for payment of a fee. YOUTH CAMPS may also be known as children’s camps.
(Ord. 2010-13, passed 5-17-2010; Ord. 2015-33, passed 11-16-2015)
(a) License required. No
shall establish, maintain, conduct or operate a
,
or
in the city without first obtaining a license to do so as hereafter provided from the
. The license must state the number of
, camping
or
beds allowed.
(1)
review. Any
seeking to establish a new, expanded or significantly altered
,
or
must first obtain approval of the
reviewed from the city.
(2) Annual license.
seeking an initial, or to renew a, city-issued license for a
,
or
must renew that license annually on the anniversary date of its initial city approval.
(3) Combination license. A
desiring to establish a
,
or
on the same parcel of land in connection with one or more of the other uses, need only obtain one license with a single base fee; however, prior to that change or expansion in the use of the property a
must be approved by the city and renewed thereafter as an annual license. A separate license for any food establishment(s) and public swimming pool(s) is required per § 14.443 of this code.
(b)
review application contents. The applicant for a
review must make application in writing upon a form provided by the
setting forth at least the following:
(1) Applicant identification. The full name, mailing address, telephone number, e-mail address and facsimile number of the applicant;
(2) Property and business owner identification. The full name, street address, telephone number, e-mail address and facsimile number of both the property owner and the business owner, along with the name of the partnership as registered with the Minnesota Secretary of State;
(3) Property
. A to-scale
detailing the proposed and existing location and dimensions of all
sites, recreational camping sites, public swimming pools, permanent buildings, including storm shelters and community buildings, open areas, the location of landforms on the property (lakes, streams, ponds, wetlands, bluffs and the like), the location of all water lines, sewer lines and utility service lines with their connections and hook-ups, the location of all wells, the location of all on-site sewage treatment facilities and distances from all wells and water lines, location and dimensions of all roads (along with the names of the roads) and driveways, and the location of vehicle parking areas on and about the site, lot, field or tract of land upon which the
,
or
is to be located, and any other pertinent site information requested by the
;
(4) Sanitation plan. A community sanitation plan detailing the proposed and existing facilities on and about the site, lot, field or tract of land for the construction, alteration or maintenance of a community sanitation building that contains toilets, urinals, sinks, wash basins, slop-sinks, showers, drains or laundry facilities, and identifying the source of water supply, as well as sewage, garbage and waste disposal; except that no toilet facilities shall be required in any
which permits only
equipped with toilet facilities discharging to water carried sewage disposal systems or municipal sewer;
(5) Fire protection plan. The fire protection plan for the residents of the
,
or
;
(6) Lighting plan. The actual or proposed method of lighting the structures and site, lot, field or tract of land upon which the
,
or
is to be located;
(7) Calendar of operations. The calendar months of the year which the applicant will operate the
,
or
;
(8) Construction plans. Plans and drawings for new construction or alteration of any structures for which a building permit is required by law, any wells, plumbing or sewage disposal systems;
(9) Severe weather plan. The plan for sheltering or the safe evacuation to a shelter of the residents of the
,
or
in times of severe weather conditions. The
may require the applicant to construct a shelter if it determines that a safe place of shelter of adequate size is not available within a reasonable distance of the licensed premises on a 24-hour daily basis;
(10) On-site management identification. The full names, telephone numbers, residential street addresses, e-mail addresses and facsimile numbers for each of the
for the
,
or
;
(11) Lease. A copy of the lease agreement used for the rental of individual
on the property along with a copy of the current rental license issued by the city pursuant to Chapter 14, Article VIII of this city code for each individual unit available for rental. The lease must prominently contain a condition stating that failure to maintain the
and
in compliance with all applicable state laws and regulations, as well as this city code constitutes breach of the lease and may subject the unit and its occupants to eviction from the property; and
(12) Other information. Such other information as the City Council,
or
may require.
(c) License application contents.
(1) Individual identification. If the applicant is an individual, the full name, date of birth, residential street address, telephone number, e-mail address and facsimile number of the applicant;
(2) Partnership identification. If the applicant is a partnership, the full name, date of birth, residential street addresses, telephone number, e-mail address and facsimile number of each partner, along with the name of the partnership as registered with the Minnesota Secretary of State;
(3) Corporate identification. If the applicant is a corporation, the full name, date of birth, residential street address, telephone number, e-mail address and facsimile number of each corporate officer, along with the name of the corporation as registered with the Minnesota Secretary of State;
(4) Plan changes. The details of any changes to the following plans on record as part of the primary license: property
, sanitation plan, fire protection plan, construction plan, lighting plan, severe weather plan and calendar of operations;
(5) On-site management identification. The full names, dates of birth, telephone numbers, residential street addresses, e-mail addresses and facsimile numbers for each of the
for the
,
or
;
(6) Background check releases. Executed data privacy advisories and consent forms authorizing the release of criminal history from each of the individuals, partners, corporate officers having an interest in the licensed activity, as well as all
;
(7) Criminal history. Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a petty misdemeanor, and for such violations the date, state and offense for which convictions were had;
(8) Additional license information. The names of the cities and states in which the applicant operates any other
,
or
license and whether the applicant has had a rental housing,
,
or recreational camping license revoked or denied in the five years before the application date;
(9) Worker’s compensation data. Proof of worker’s compensation insurance, as required by M.S. § 176.182, as it may be amended from time to time, and the applicant’s state business tax identification number as required by M.S. § 270C.72, as it may be amended from time to time;
(10) Tax payment status. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid; and
(11) Other information. Such other information as the City Council,
or
may require.
(d) Applicants ineligible. No license issued under this Division E shall be issued to any individual, partnership or corporation where the individual, partnership’s general partner or managing partner, or corporation’s manager, proprietor, corporate officer:
(1) Is not 18 years of age or older on the date the license application is submitted to the
;
(2) Is not a citizen of the United States and does not have the legal authority to work in the United States;
(3) Is not of good moral character or repute;
(4) Has had a conviction of any crime that is directly related to the occupation or business being licensed or permitted, as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation or business as prescribed in M.S. § 364.03, subd. 3, as it may be amended from time to time;
(5) Has had a registration or license for rental housing, a
,
or
revoked or denied by the city or any other governmental body within five years before the application date;
(6) Is not the real party in interest in the business, occupation or development being licensed or permitted;
(7) Has knowingly misrepresented or falsified information on the license or permit application;
(8) Owes taxes or assessments to the state, county, school district or city that are due and delinquent;
(9) Has failed to comply with all relevant statutory, City Charter and ordinance requirements;
(10) Has failed to pay all fees, charges or other debts or obligations which are due from the applicant and payable to the city regarding any matter; and
(11) Is not in compliance with all ordinance requirements and conditions regarding other city approvals, which have been granted to the applicant for any matter. The
may require the removal of illegal nonconforming structures or site characteristics as a condition of a permit, license or Zoning and Building Code approval. Additional requirements for nonconforming structures or site characteristics are set forth in § 21.504 of this code.
(e) Locations ineligible. Unless a specific article or division of this chapter provides otherwise, no license or permit in this code shall be granted to the following locations.
(1) Taxes due on property. No license or permit shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district or city are past due, delinquent, or unpaid. In the event a suit has been commenced under M.S. §§ 278.01 through 278.13, as they may be amended from time to time, questioning the amount or validity of taxes, the City Council may, on application, waive strict compliance with this provision. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
(2) Improper zoning. No license shall be granted if the property is not properly zoned for the licensed activity under Chapter 21 of this city code unless the business is a legal, nonconforming use.
(f) License fee. The fee for a license under this Division E shall be as set forth in City Code Appendix A. The fee must be submitted at the time the application is filed and any refund shall be in accordance with § 14.15 of this code.
(g) License application execution. All applications for a license under this Division E must be signed. If the application is that of a partnership, it must be signed by one of the general partners. If the application is that of a corporation, it must be signed by an officer of the corporation. If the application is that of an unincorporated association, it must be signed by the manager or managing officer thereof.
(h) License application verification and consideration. Applications for licenses under this Division E must be submitted to the
, who is to verify the information on the application, including ordering a computerized criminal history inquiry on the applicant and any identified managers,
or attendants. Prior to any issuance of a license, the application must be routed as follows.
(1) Planning Division. The City Planning Division shall conduct an analysis of the property
and confirm whether or not the proposed use of the property for the licensed activity is permitted within the zoning district and meets the performance standards set forth in the Zoning Code, thereafter making recommendations of approval, conditional approval or denial.
(2)
. The
shall review the sanitation plan, fire protection plan, lighting plan, construction plan, severe weather plan and any rental agreements, conducting such inspections of the proposed licensed premises as the
deems necessary to determine compliance with all applicable codes and regulations.
(3) Director of Community Development. After the planning and
review, analysis, and any needed inspection of the proposed licensed premises is complete, the Director of Community Development, or the Director’s designee, shall evaluate the application and
based upon the criteria and regulations set forth in the city code and applicable state laws or regulations before the
may grant or deny the application in accordance with this Division E.
(4) Notice of determination. If the application is denied, the
shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within ten days of the notice of denial to address and correct the city’s objections serving as a basis for denial hereof, or in the alternative to request an appeal of the
determination to the City Council pursuant to subsection (k) below.
(i) Issuance.
(1)
review approval.
(A) The application for the plan review approval must be submitted to the
with all plans and specifications enumerated above, payment of a fee in an amount prescribed by the city in City Code Appendix A.
(B) If, while an application for a plan review approval under this Division E is pending, any changes in the plans or other data submitted on the plan review application are contemplated for the intended
,
or
those changes must be immediately and completely reported in writing to the
.
(C) When the plans and specifications set forth on the
review application have been approved by the
,
and Director of Community Development and all necessary permits and approvals for the development and construction of the site have been obtained and any required bonds posted, the applicant may commence to construct or make alterations of the
,
or
and the appurtenances thereto according to the approved plans and specifications.
(D) If an application submitted under this Division E of the code is denied by the
and the applicant determines that the objections to the application can be corrected, the applicant may submit for approval a new application addressing the objections within ten days of the notice of denial. In the alternative, the applicant may appeal from the decision of the
denying approval of an application as provided in subsection (k) below.
(E) When construction has been completed in accordance with approved plans and specifications the
shall cause the
,
or
and appurtenances thereto to be inspected by the
. When the inspection and report has been made and the
finds that all requirements of state law, state rules and regulations and city code, and such conditions of health and safety as the city may require, have been met by the applicant, the
shall, upon completion of the necessary investigation and verification of the information on the application, issue notice of the
review approval in the name of the city.
(F) The fee submitted for the
review shall be retained by the city even where the proposed project is not approved and a license is denied to compensate the city for its costs of processing the requested license.
(2) Annual license. The fee for the annual license renewal shall be in an amount prescribed by the city in City Code Appendix A. An initial license shall only be issued after the
has completed an inspection of the premises covered by the license and a report has been made finding that all requirements of city code, applicable state laws, state rules and regulations and such conditions of health and safety as the city may require have been met by the applicant and the required fee has been paid.
(j) Expiration and renewal. A license issued under this Division E will expire on the first anniversary of its issuance. An application for renewal of an annual license must be filed with the
at least 30 days prior to the expiration date of the license. Late applications will be assessed a late fee in addition to any other criminal or civil penalty.
(k) Denial of license. If the
denies a license application, the applicant may file a written appeal with the City Council within ten days after notice of the denial and request a hearing before the City Council within a reasonable period of time. The City Council shall affirm, modify or reverse the decision and state the reasons for such action. Grounds for affirming the license denial may include, but are not limited to the following:
(1) The city has not been permitted to inspect the premises proposed to be licensed;
(2) The license applicant has not met the requirements of the city code or applicable state laws;
(3) The applicant is a
ineligible for a license pursuant to § 14.08 of this code; or
(4) Granting the license will be inimical to the public health, safety or general welfare to create a public nuisance.
(l)
license. Any application for a
must be received by the
14 days prior to the start of the event on forms provided by
. Failure to do so will result in a late fee equal to one-half the license fee added to the license fee.
(a) Expansion or alteration. No work may be commenced to expand or
the licensed premises prior to the
approval of a
review application for the expansion or significant alteration.
(b) Conspicuous display. The license must be conspicuously displayed in the office of the
,
or
, produced on the request of a resident or prospective resident, and must be available at reasonable times for inspection by the
and the
.
(c) Nontransferable. The license is not transferable as to place or
. No transfer of a license may be permitted without complying with the requirements of the license application except in the case in which an existing non-corporate licensee is incorporating and the incorporation does not affect the ownership, control and interest of the existing licensed
,
or
. Every
holding a license must give notice in writing to the
within three days after having legally transferred or otherwise disposed of the legal control of any licensed
,
or
. Such notice must include the name and address of the
succeeding to the ownership or control of the licensed premises. The new owner must immediately apply for an appropriate license under this Division E.
(d) Licensed premises. A license issued under this Division E is effective only for the real property and number of
or
beds specified in the approved license application.
(e) Maintenance of order. The licensee shall be responsible for maintaining order on the licensed premises and managing the property in compliance with this Division E and all applicable laws, rules and regulations.
(f) Effect of license non-renewal, suspension or revocation. During the effective period of license suspension or non-renewal, the property owner is prohibited from entering into any new rental agreements for
or buildings on the property. Upon license revocation, the property owner must commence the process of park closure pursuant to state law and this city code and is prohibited from entering into any new rental agreements for
or buildings on the property.
(Ord. 2010-13, passed 5-17-2010)
Loading...