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§ 152.074 VISUAL STANDARDS; SCREENING.
   (A)   General. No use shall create, maintain or continue any activity or structure which has a strong negative visual impact or offends the morals or violates the standards of the city.
   (B)   Adjacent residential properties. Where any business or industry is adjacent to property zoned residential or any use cannot meet the visual standards of the city, screening shall be provided by the business or offending use.
   (C)   Landscaping. Screening required shall be in addition to normal landscaping and planting, and consist of a visual obstruction completely containing the activity on the commercial or offending use property assuming off-leaf conditions.
   (D)   Materials. Screening may consist of dense evergreen planting eight feet or more in height, wood walls with 100% obstruction, a building wall consisting of aesthetically pleasing materials that blends with the surroundings or similar structures. All structural elements shall meet required setbacks.
(Ord. 906-2011, passed - -2011) Penalty, see § 152.999
§ 152.075 SANITARY AND SUBSURFACE SEWAGE TREATMENT SYSTEMS - TECHNICAL STANDARDS AND CRITERIA.
   (A)   Purpose. The purpose of the subsurface sewage treatment system (SSTS) section is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and mid-size sewage treatment systems (MSTS) including the proper location, design and construction; their necessary modification and reconstruction; their operation, maintenance and repair to protect surface water and groundwater from contamination by human sewage and waterborne household and commercial wastes; to protect the public's health and safety, and eliminate or prevent the development of public nuisances.
   (B)   Intent. It is intended by the city that this section will promote the following:
      (1)   The protection of lakes, rivers and streams, wetlands, and groundwater in the city essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the city.
      (2)   The regulation of proper SSTS construction, reconstruction, repair, monitoring and maintenance to prevent the entry and migration of contaminants, thereby preventing the degradation of surface water and groundwater quality.
      (3)   The establishment of minimum standards for SSTS placement, design, construction, reconstruction, repair and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration.
      (4)   The appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities.
      (5)   All plumbing shall discharge into a municipal sanitary system if available.
   (C)   Scope. This section regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the city applicable jurisdiction including, but not necessarily limited to, individual SSTS and cluster or community SSTS, privy vaults and other non-water carried SSTS. All sewage generated in unsewered areas of the city shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated and maintained in accordance with the provisions of this section or by a system that has been permitted by the MPCA.
   (D)   City administration.
      (1)   The City Zoning Administrator shall administer the SSTS program and all provisions of this section.
      (2)   The city's duties and responsibilities include, but ate not be limited to, the following:
         (a)   Review all applications for SSTS.
         (b)   Issue all permits required in this section.
         (c)   Inspect all work regulated in this section.
         (d)   Investigate all complaints regarding SSTS.
         (e)   Issue certificates of installation, certificates of compliance or notices of noncompliance where applicable.
         (f)   Enact enforcement provisions of this section as necessary.
         (g)   Refer unresolved violations of this section to the City Attorney.
         (h)   Maintain current records for each permitted SSTS including all site evaluation documents, design documents, inspection documents and other applicable documents.
         (i)   The city shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program.
         (j)   Submit annual reports to MPCA as required.
   (E)   State administration. The owner or owners of a single SSTS or a group of SSTS under common ownership must obtain a state disposal system permit from the Minnesota Pollution Control Agency according to Minn. Rules, Ch. 7001, when all or part of proposed or existing soil dispersal components are within one-half mile of each other and the combined flow from all proposed and existing SSTS is greater than 10,000 gallons per day. For proposed SSTS, the flow must be determined according Minn. Rules, Part 7081.0110. For existing SSTS, the flow is determined by the greater of the average maximum seven-day measured flow or flow amounts according to Minn. Rules, Part 7081.0110. The highest calculated value of the various methods in Table I under Minn. Rules, Part 7081.0130, Subpart 1, must be used to make this determination, with no reduction allowed. A State Disposal System permit is not required if a factor of safety is added to the design flow that results in a design flow that is in excess of the state disposal system permit threshold.
   (F)   Liability. The city's involvement in administration of this section does not create a special duty to any person and, further liability or responsibility shall not be imposed upon the city or any of its officials, employees or other contract agents, for damage resulting from the defective construction, operation or abandonment of any onsite or cluster SSTS regulated under this section or by reason of any standards, requirements or inspections authorized by this section hereunder.
   (G)   All SSTS. Except as explicitly set forth in division (I), all provisions of this section shall apply to any SSTS regardless of the date it was originally permitted.
   (H)   Existing permits. Unexpired permits, which were issued prior to the effective date of this section, shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system design, whichever is earlier.
   (I)   SSTS on lots created after 1-23-1996. All lots created after 1-23-1996, must have a minimum of two soil treatment and dispersal areas that can support Type 1 systems as defined by Minn. Rules, Part 7080.2200.
   (J)   Upgrade, repair, replacement and abandonment.
      (1)   Expansion of an existing SSTS must include any system upgrades that are city land use ordinance necessary to bring the entire system into compliance with the prevailing provisions of this section at the time of the expansion.
      (2)   Any addition to a structure that includes bedroom(s) that require a land use permit from the city shall require that the SSTS meet the required design flow according to Minn. Rules, Part 7080.1860, or be upgraded to meet Class 1 sizing for both the septic tanks and soil absorption area. Any required upgrades shall be completed within two years.
      (3)   An SSTS that is determined not to be protective of groundwater in accordance with Minn. Rules, Part 7080.1500, Subpart 4(B), shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this section within ten months upon receipt of a notice of noncompliance and must meet class I sizing requirements according to Minn. Rules, Part 7080.1860.
      (4)   An SSTS posing an imminent threat to public health or safety shall be pumped within 24 hours and managed as a holding tank in accordance with Minn. Rules, Part 7080.1500, Subpart 4(A), and said SSTS shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this section within ten months upon receipt of a notice of noncompliance and must meet class I sizing requirements according to Minn. Rules, Part 7080.1860.
      (5)   Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minn. Rules, Part 7080.2500.
   (K)   SSTS in floodplains. SSTS shall not be located in a floodway and wherever possible, location within any part of a floodplain should be avoided. If no option exists to locate a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in Minn. Rules, Part 7080.2270, and all relevant local requirements are met.
   (L)   Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the 40 C.F.R. Part 144, are required by the federal government to submit a U.I.C. Class 5 inventory form to the Environmental Protection Agency as described in that federal regulation. Further, owners are required to identify all Class V injection wells in property transfer disclosures.
   (M)   SSTS practitioner licensing.
      (1)   No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of SSTS without an appropriate and valid license issued by MPCA in accordance with Minn. Rules, Ch. 7083, except as exempted in Minn. Rules, Part 7083.0700.
      (2)   An MPCA license is not required of an individual who is constructing a SSTS on land that is owned by the individual and functions solely as a dwelling for that individual pursuant to Minn. Rules, Part 7083.0700, and the city land use ordinance. Installation of the system shall be based upon a design by a licensed designer. The system shall be inspected before it is covered and a 24-hour notification to the Zoning Administrator for inspection is required.
   (N)   Prohibitions.
      (1)   Occupancy or use of a building without a compliant SSTS. It is unlawful for any person to maintain, occupy or use any building intended for habitation or that contains plumbing fixtures that is not provided with a wastewater treatment system or that disposes of wastewater in a manner that does not comply with the provisions of this section.
      (2)   Sewage discharge to ground surface or surface water. It is unlawful for any person to construct, maintain or use any SSTS system regulated under this section that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by the MPCA.
      (3)   Sewage discharge to a well or boring. It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minn. Rules, Part 4725.2050, or any other excavation in the ground that is not in compliance with this section.
      (4)   Discharge of hazardous or deleterious materials. It is unlawful for any person to discharge into any treatment system regulated under this section any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.
   (O)   Alternative local standards adopted by reference.
      (1)   Adoption of rule by reference.
         (a)   The city hereby adopts by reference the provisions of Minn. Rules, Chs. 7080 -7083, in their entirety, except as referenced under division (2) below, except as otherwise expressly modified by this section.
         (b)   When the “2006 version of Minnesota Administrative Rules Chapter 7080” is utilized, the reference is to the Rules effective 4-3-2006. Otherwise, the city is referencing the current rules in effect.
         (c)   All new construction or replacement of SSTS shall employ sewage tanks, distribution media and treatment products which have been registered by the Minnesota Pollution Control Agency.
      (2)   Alternative local standards for new and existing SSTS. The city hereby adopts the 2006 version of Minn. Rules Ch. 7080 for all new and existing residential Type I, Type II and Type III SSTS and SSTS that serve any food, beverage and lodging establishment under 2,500 gallons per day provided the effluent discharge does not exceed the standards in Minn. Rules, Part 7080.2150, Subpart 3(K).
   (P)   Alternative local standards; differences in standards.
      The following is a list of different adopted standards:
      (1)   In no land use district, shall a land use permit, shoreline alteration permit, minor subdivision, plat, conditional use permit or variance be issued without a current certificate of compliance or certificate of installation that has not expired according to division (Y)(5), below.
      (2)   At least one cleanout at or above finished grade shall be installed between the structure and the septic tank with additional clean outs at intervals not more than 100 feet.
      (3)   Class I sizing is required on all new construction. NEW CONSTRUCTION will be defined as placement of a new structure or replacement structure that is served by pressurized water.
      (4)   Minimum septic tank sizing shall be 1,500 gallons. This can be accomplished through a compartmentalized tank, multiple tanks in series, or a single existing 1,500-gallon tank with the use of an effluent filter for the last baffle. The filter must be of such a design that when the filter is removed from the filter housing, the flow of water leaving the tank is not allowed. The first tank or compartment shall be no less than 1,000 gallons in size and applies to new and replacement SSTS. Any additional septic tanks shall be a minimum of 1,000 gallons. All other tank sizing shall follow Minn. Rule § 7080.1930 with 1,500-gallon tank sizing replacing 1,000-gallon tank sizing for three bedrooms or less according to Table V.
      (5)   Pump tank sizing shall follow Minn. Rules, Part 7080.2100.
      (6)   Soil pits shall be required to verify soils prior to the issuance of a certificate of installation. The soil pit shall be excavated to a depth that will allow the verification of redoximorphic features and the three feet of vertical separation as required. Location of soil pits shall be adjacent to the lowest trench or next to the down slope side of an elevated treatment area. The pit shall not impact the hydraulic performance of the ISTS. A certificate of installation will not be issued until the soils are verified. Soils may be verified by a licensed and certified inspector. The inspector may not share the same license as the person who designed or installed the system. The soil profile must be submitted to the city inspector or its designee on the city approved form at or before the time of the installation inspection. If the soil profile is not provided by the installation inspection, city staff or its designee will verify the soils via a soils pit during the installation inspection.
      (7)   All dwellings or buildings that contain plumbing fixtures shall meet the required setbacks to the septic tank and soil absorption area. Accessory structures, including but not limited to, decks, screen decks, porches, sheds, garages and pole buildings shall not be required to meet said setbacks provided that the tank(s) can be maintained properly and that the structure does not negatively impact the function of the system.
   (Q)   Compliance criteria for existing SSTS. For a SSTS built before 4-1-1996, and outside of areas designated as “SWF” (systems in shoreland areas, wellhead protection areas or systems serving food, beverage or lodging establishments), there must be at least two feet of vertical separation between the bottom of the dispersal system and seasonal saturation or bedrock.
   (R)   Holding tanks. Holding tanks may be allowed for the following applications: as replacements for existing failing SSTS and SSTS that pose an imminent threat to public health or safety, on lots with limitations that will not allow for the installation of a Type 1 SSTS or for uses that are seasonal or intermittent in nature and will not use more than 150 gallons of water per day.
   (S)   Municipal connection.
      (1)   If the existing system is adjacent to the parcel being subdivided or reasonably close in the opinion of the City Engineer and Planning Commission or if the density of the proposed development necessitates a municipal sewer connection, a municipal sewer system shall be extended to the lot at the subdivider’s expense by agreement in a development contract between the subdivider and the City Council. The sewer shall also be extended to the exterior boundary of the subdivision at locations designated by the Zoning Administrator.
      (2)   Municipal sewage facilities shall be designed by a registered engineer, approved by the City Engineer, approved by the states PCA, and installed according to the City Engineers Association of Minnesota Standard Specifications.
   (T)   Variance requests. A property owner may request a variance from the standards as specified in this ordinance pursuant to § 152.156, below.
   (U)   State agency variance requests. Variances that pertain to the standards and requirements of the State of Minnesota must be approved by the affected state agency pursuant to the requirements of the state agency. No permits will be issued by the city until all required state agency variances have been approved.
   (V)   Permit requirements.
      (1)   Activities not requiring a land use permit. A land use permit is not required for minor repairs or replacements of system components that do not alter the original function of the system; change the treatment capacity of the system; change the location of the system; or otherwise change the original system design, layout or city land use ordinance function. Examples include, but are not limited to, pumps, baffles and effluent filters.
      (2)   Activities requiring a land use permit. A land use permit shall be obtained by the property owner or an agent of the property owner from the city prior to the installation, construction, replacement, modification, alteration or capacity expansion including the use of advanced treatment components of a SSTS. It is unlawful for any person to construct, install, modify or replace a SSTS without the appropriate permit from the Zoning Administrator, including repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change the location of the system or otherwise change the original system's design, layout or function. The issuing of any permit, variance or conditional use under the provisions of this section shall not absolve the applicant of responsibility to obtain any other required permit.
      (3)   Permit requirements.
         Land use permit applications shall be made on forms provided by the Zoning Administrator, signed by the applicant or applicant's agent and must include the following information and documentation:
         (a)   Applicant name, mailing address, telephone number and email address.
         (b)   Property identification number, property address and legal description of property location.
         (c)   Site evaluation report, as described by Minn. Rules, Part 7080.1700, made on forms provided by the Zoning Administrator.
         (d)   Design report, as described in Minn Rules, Ch. 1750, made on forms provided by the Zoning Administrator.
         (e)   A management plan, as defined by Minn. Rules, Part 7082.0600.
      (4)   Application review and response. The Zoning Administrator shall review a permit application and supporting documents according to § 152.157, below.
      (5)   Appeal. The applicant may appeal any decision of the Zoning Administrator to the Board of Adjustment in accordance with this section.
      (6)   Permit expiration.
         (a)   A land use permit for a new SSTS is valid for a period of no more than two years from its date of issue.
         (b)   A land use permit for the replacement of SSTS failing to protect groundwater is valid for ten months from its date of issue.
         (c)   A land use permit for the replacement of SSTS that are imminent threats to public health is valid for ten months from its date of issue.
         (d)   Satisfactory completion of construction shall be determined by as-built drawings and a signed certification that the construction and installation of the system was completed in reasonable conformance with the approved design documents by the Zoning Administrator, a qualified designee of the Zoning Administrator or a licensed inspection business, which is authorized by the Zoning Administrator, independent of the owner and the SSTS installer.
         (e)   Transferability. A land use permit may be transferred to a new owner provided there are no proposed changes to the SSTS design.
         (f)   Suspension or revocation. The Zoning Administrator may suspend or revoke a land use permit issued under this section for any false statements, misrepresentations of facts on which the land use permit was issued and/or unauthorized changes to the system design that alter the original function of the system, change the treatment capacity of the system, change the location of the system or otherwise change the original system design, layout or function. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid land use permit is obtained.
         (g)   SSTS assessment requirements. For those SSTS without a management plan or operating permit according to the provisions of this section, the following provisions apply:
            1.   The owner of an ISTS or the owner's agent shall regularly, but in no case less frequently than every three years, assess whether sewage tanks leak below the designed operating depth and whether sewage tank tops, riser joints and riser connections leak through visual evidence of major defects and measure or remove the accumulations of scum, grease and other floating materials at the top of each septic tank and compartment, along with the sludge, which consists of the solids denser than water.
            2.   All solids and liquids must be removed by pumping from all tanks or compartments in which the top of the sludge layer is less than 12 inches from the bottom of the outlet baffle or transfer hole or whenever the bottom of the scum layer is less than three inches above the bottom of the outlet baffle or transfer hole. Total sludge and scum volume must not be greater than 25% of the tank's liquid capacity. Removal of accumulated sludge, scum and liquids from septic tanks and pump tanks must be through the maintenance hole. The removal of solids from any location other than the maintenance hole is not a compliant method of solids removal from a sewage tank and this method does not fulfill the solids removal requirement of this part or a management plan. Liquid and solids removal from clean-out pipes is allowed for holding tanks.
   (W)   Operating permit.
      (1)   An operating permit shall be required for the following SSTS:
         (a)   SSTS with high strength waste effluent standards that exceed Minn. Rules, Part 7080.2150, Subpart 3(K);
         (b)   Holding tanks;
         (c)   SSTS serving three or more connections;
         (d)   Type 4 and Type 5 SSTS;
         (e)   SSTS that exceed a daily flow of 2,500 gallons per day; or
         (f)   MSTS designed under Minn. Rules, Ch. 7081, and the city ordinance.
      (2)   Operating permits shall be a signed agreement between the Zoning Administrator and the property owner and shall include monitoring, performance, mitigation and reporting requirements.
      (3)   A valid operating permit shall be considered a certificate of compliance if that system is in compliance with the requirements of the operating permit.
      (4)   Owners of holding tanks shall provide the Zoning Administrator upon request a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner and prevents an illegal discharge in accordance with Minn. Rules, Part 7082.0100, Subpart 3(G). This requirement is waived if the owner is a farmer who is exempt from licensing under M.S. § 115.56, Subd. 2(b)(3), as it may be amended from time to time.
      (5)   Operating permits shall be valid for the specific term stated on the permit as determined by the Zoning Administrator.
      (6)   An operating permit must be renewed prior to its expiration. If not renewed, the Zoning Administrator may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within 90 calendar days of the expiration date, the Zoning Administrator may require that the system be abandoned in accordance with division (J)(5) above.
      (7)   Operating permits do not transfer to new property owners. New owners shall apply for an operating permit in accordance with this section. The Zoning Administrator shall not terminate the current permit until 90 calendar days after the date of sale, unless an imminent threat to public health and safety exists. When considering the new owner's application, the Zoning Administrator may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee.
      (8)   A report shall be prepared and certified by the licensed inspection business or licensed service provider. The report shall be submitted to the Zoning Administrator on a form provided by the Zoning Administrator on or before the compliance reporting date stipulated in the operating permit as required. The report shall contain a description of all maintenance and servicing activities performed since the last compliance monitoring report as described in the operating permit.
      (9)   The Zoning Administrator may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the operating permit was issued.
      (10)   If suspended or revoked, the Zoning Administrator may require that the treatment system be removed from service, operated as a holding tank or abandoned.
      (11)   At the Zoning Administrator's sole discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions.
   (X)   Compliance inspection program.
      (1)   Zoning Administrator responsibility.
         (a)   It is the responsibility of the Zoning Administrator, or its agent, to perform installation inspections of new SSTS or upgrades of SSTS to assure that the requirements of this section are met.
         (b)   All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors.
         (c)   The Zoning Administrator shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this division, PROPERTY does not include a residence or private building.
         (d)   No person shall hinder or otherwise interfere with the Zoning Administrator's employees in the performance of their duties and responsibilities pursuant to this section. Refusal to allow reasonable access to the property by the Zoning Administrator may result in a determination of noncompliance.
         (e)   At the Zoning Administrator's sole discretion, a signed winter agreement may be accepted in lieu of a compliance inspection for property transfers, permit applications and designs to the Zoning Administrator between November 1 and April 30, provided that the required information is submitted to the Zoning Administrator by June 1 of the subsequent year. Failure to fulfill all the obligations of the winter agreement shall be a violation of this section.
      (2)   New construction or replacement.
         (a)   New installation inspections must be performed on new or replacement SSTS in accordance with Minn. Rules, Part 7082.0700. SSTS found to be noncompliant with other applicable requirements must be repaired or replaced.
         (b)   It is the responsibility of the SSTS owner or the owner's agent to notify the Zoning Administrator 24 hours prior to the installation inspection.
         (c)   If the installer provides proper notice and the Zoning Administrator does not provide an inspection within one hour after an inspection time was set, the installer may complete the construction per the following: The installer shall submit photographs of the entire uncovered system and an as-built drawing with a certified statement that the installation of the SSTS met the appropriate standards of this section within five working days of the installation.
         (d)   A certificate of installation for new SSTS construction or replacement shall be issued by the Zoning Administrator within 30 days of inspection if the Zoning Administrator has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit.
         (e)   The certificate of installation must include a certified statement by the certified inspector or qualified employee who conducted the inspection that the SSTS is or is not in compliance with the section requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance must be issued to the owner which includes a statement specifying the city land use ordinance provisions with which the SSTS does not comply.
         (f)   No SSTS shall be placed into operation until a valid certificate of installation has been issued.
         (g)   Certificates of installation for new construction or replacement shall remain valid for five years from the date of issue, unless the Zoning Administrator finds evidence of noncompliance.
   (Y)   Existing systems.
      (1)   Compliance inspections shall be required when any of the following conditions occur:
         (a)   When applying for a land use permit, shoreline alteration permit, minor subdivision, plat, land use map amendment, conditional use permit or variance and the certificate of installation is more than five years old or the certificate of compliance is more than three years old.
         (b)   Within 90 days of conveyance of any real property and the certificate of installation is more than five years old or the certificate of compliance is more than three years old.
         (c)   Any time there is a change in use of the property being served by an existing SSTS, which may impact the performance of the system.
         (d)   At any time as required by this section or the Zoning Administrator deems appropriate, such as, upon receipt of a complaint or other notice of a system malfunction.
         (e)   All owners of sewage treatment systems shall have the system inspected, consistent with state guidelines, once each three years by a certified sewage system inspector.
            1.   The person inspecting the system shall determine if the system meets the compliance criteria contained in Minn. Rules, Part 7080.1500.
            2.   The person inspecting the system shall provide the city with a statement that the system is in good working order, or specifying any defects discovered and the date such defects were/will be corrected. The form shall also indicate if and when the septic tank was pumped.
            3.   The Zoning Administrator, or assistant, shall have the authority to verify the inspections and/or conduct inspections on behalf of the city.
      (2)   Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by the MPCA. The following conditions, must be assessed, or verified:
         (a)   Watertightness assessment of all treatment tanks including a leakage report;
         (b)   Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock, including a vertical soil separation verification report unless soils have been verified according to Minn. Rules, Part 7082.0700, Subpart 4(B).
         (c)   Sewage backup, surface seepage or surface discharge including a hydraulic function report.
      (3)   The certificate of compliance must include a certified statement by a qualified city employee or licensed inspection business, indicating whether the SSTS is in compliance with the requirements of this section. If the SSTS is determined to not be in compliance with the applicable requirements, a notice of noncompliance must include a statement specifying those ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the Zoning Administrator if the required corrective action is not a minor repair.
      (4)   The certificate of compliance or notice of noncompliance must be submitted to the Zoning Administrator no later than 15 calendar days after the date the inspection was performed.
      (5)   Certificates of compliance for existing SSTS shall remain valid for three years from the date of issue, unless the Zoning Administrator finds evidence of noncompliance.
   (Z)   Transfer of property. Any property on which an SSTS is located shall not be transferred or sold, unless the parties to the transaction have complied with one of the following:
      (1)   A current certificate of compliance.
      (2)   A signed winter agreement per this section.
      (3)   In the event the seller does not provide a certificate of compliance or compliant operating permit, the seller and buyer may establish a written agreement or contract to repair, replace or upgrade the existing SSTS according to the terms of this section.
      (4)   The buyer may accept total responsibility of the existing SSTS and be responsible for the necessary upgrading. In the absence of a written agreement according to this section, the buyer shall be responsible for the necessary upgrading of said SSTS.
   (AA)   Commercial SSTS.
      (1)   Septic tank effluent testing for carbonaceous biochemical oxygen demand (CBOD), biological oxygen demand (BOD), total suspended solids (TSS), nitrogen and oil/grease combination is mandatory for all SSTS that serve commercial establishments that serve food and beverages or have a flow that exceeds 1,000 gallons per day as part of any compliance inspection.
      (2)   Effluent testing shall not be required for commercial SSTS that have a current operating permit as of the date the ordinance codified herein is effective. If all provisions of the operating permit are met, the SSTS shall be considered to be in compliance.
      (3)   An SSTS with effluent testing that does not meet the standards in Minn. Rules, Part 7080.2150, Subpart 3(K), shall be upgraded within three years to meet said standards and be placed on an operating permit as provided in this section.
   (BB)   Vertical separation reduction. Minn. Rules, Part 7080.1500, Subpart 4(D), is hereby adopted allowing a 15% reduction in vertical separation distance for settling of sand or soil, normal variation of measurements and interpretations of the limiting layer for existing SSTS. This provision does not apply to systems utilizing division (P) of this section of the land use ordinance.
   (CC)   Enforcement. Enforcement of this section shall follow the standards in §§ 152.010, 152.011, and 152.999, herein.
   (DD)   State notification of violation. The Zoning Administrator shall notify the MPCA of any inspection, installation, design, construction, alteration or repair of an SSTS by a licensed/certified person or any septage removal by a licensed maintainer that is performed in violation of the provisions of this section. The Zoning Administrator shall also notify the MPCA of any discovered straight pipes pursuant to M.S. § 115.55, Subd. 11, at it may be amended from time to time.
   (EE)   Record keeping. The city shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, operating permits, an annual list of all sewage tanks installed in the city sorted by licensed installation businesses and other records the city deems relevant to a particular system.
   (FF)   Annual report. The Zoning Administrator shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year.
   (GG)   Dispute resolution. Resolution of disputes between SSTS certified individuals regarding conflicting compliance inspections, determination of seasonally saturation of soils and other technical issues shall follow Minn. Rules, Part 7082.0700, Subpart 5.
   (HH)   Agricultural and animal wastes. Within the shoreland area, 1,000 feet from a lake or 300 feet from a watercourse, no waste products from agriculture or animal husbandry operations shall be deposited by man at any greater rate than the plant and soil system can absorb the nutrients; nor shall any wastes be allowed to accumulate where surface waters flow directly to public waters or watercourses. No livestock shall be allowed to water directly in a stream or public water.
   (II)   Water supply.
      (1)   All potable water systems shall be connected to a municipal water supply, if made available.
      (2)   All domestic and agricultural wells shall conform to the Minnesota Department of Health standards for wells.
      (3)   All water systems shall meet the requirements of the Minnesota Department of Health Standards for water systems.
      (4)   All wells being abandoned shall be sealed according to Minnesota Department of Health standards and report to Minnesota Department of Health and the city.
   (JJ)   Solid waste. All solid waste shall be disposed of in accordance with the standards of Crow Wing County.
(Ord. 906-2011, passed - -2011; Ord. 906, 1st Series, 5-9-2017; Ord. 23-02, passed 2-14-2023) Penalty, see § 152.999
§ 152.076 ANIMAL HUSBANDRY.
   (A)   Pets. Pets shall be properly cared for, shall not be allowed to create problems for neighbors or the city, or become a nuisance, and shall have sanitary standards maintained consistent with § 152.075(C) of this chapter.
   (B)   Livestock.
      (1)   No feedlots are allowed.
      (2)   Farm animals may be raised as provided in zoning districts with proper permits provided that the standards of each district are not compromised.
      (3)   Farm animals shall be properly cared for, shall not create problems for neighbors or the city and shall have sanitary standards maintained consistent with § 152.075(C) of this chapter.
   (C)   Wild animals.
      (1)   The keeping of wild animals as pets, including, but not limited to, primates and large carnivores is not allowed.
      (2)   Wildlife rehabilitation uses shall require a conditional use permit and must meet the minimum standards established by the state’s Department of Natural Resources, Minn. Rules Ch. 6244.
   (D)   Keeping of chickens in the Downtown Mixed Use and Neighborhood Residential Zones.
      (1)   Definitions.
         AT LARGE. A chicken out of its chicken run, off the premises or not under the custody and control of the owner, or other person, either by leash, cord, or chain, or otherwise controlled or restrained.
         CHICKEN. A female chicken or hen. A rooster or male chicken is expressly excluded from the definition of chicken and is prohibited.
         CHICKEN COOP. A structure providing housing for chickens made of wood or other similar materials that provides shelter from the elements.
         CHICKEN RUN. A fenced outside yard for the keeping and exercising of chickens.
         OWNER. The resident, property owner, custodian or keeper of any chicken.
         PREMISES. Any platted lot or group of contiguous lots, parcels or tracts of land.
      (2)   Chickens limited. It is unlawful for any person to own, control, keep, maintain or harbor hen chickens on any residential premises in the city unless issued a permit to do so as provided herein.
         (a)   Residential tenants. In the case of rental residential property, including multi-family residential property, the property owner must obtain a permit and written permission must be given by the property owner to the tenant in order for a tenant to keep or harbor chickens on said residential premises.
         (b)   Property size. The keeping of chickens shall not be allowed on properties less than 5,000 sq.ft. in size.
         (c)   Number limited. No permit shall be issued for the keeping or harboring of more than 12 hen chickens.
         (d)   Roosters prohibited. The keeping of roosters or male chickens is prohibited.
      (3)   Permit. The granting of a permit under this section shall be in the sole discretion of the city. No person shall maintain a chicken coop and/or chicken run unless granted a permit by the city. The permit shall be subject to all terms and conditions of this section and any additional conditions deemed necessary by the city to protect the public health, safety and welfare, including any state or federal laws. The necessary permit may be obtained from the City Clerk's office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and chicken run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens from all abutting property owners. Such written approval from abutting property owners must be submitted to the city before a permit is granted. A permit for the keeping of chickens may be revoked or suspended by the Council for any violation of this section following written notice and a public hearing.
      (4)   Chicken confinement. Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Any chicken coop and or chicken run shall be screened with a solid fence or landscaped buffer with a minimum height of four feet. Any chicken coop and chicken run shall be at least 25 feet from any residential structure or any other premises on any adjacent lots.
      (5)   Chicken coops and chicken runs.
         (a)   All chicken coops and chicken runs must be located within the rear yard subject to the required setbacks for the principal building and at least 25 feet from any dwelling or any other premises on any adjacent lots. All chicken coops must be a minimum of four square feet per chicken in size, must not exceed ten square feet per chicken in size and must not exceed six feet in total height. Attached fenced-in chicken runs must not exceed 20 square feet per chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken feed must be kept in metal, predator proof containers. Chicken manure shall not be placed in yard compost piles.
         (b)   Chicken coops must either be:
            1.   Elevated with a clear open space of at least 24 inches between the ground surface and framing or floor of the coop; or
            2.   The coop floor, foundation and footings must be constructed using rodent resistant construction.
         (c)   Chicken coops are not allowed to be located in any part of a home and/or garage.
         (d)   Chickens must be secured in a chicken coop from sunset to sunrise each day.
      (6)   Conditions and inspection. No person who owns, controls, keeps, maintains or harbors chickens shall permit the premises where the chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and chicken run authorized by permit under this section may be inspected at any reasonable time by the city Animal Control Officer or other agent of the city. Slaughter and breeding of chickens on any premises within the city is prohibited.
      (7)   Violations. Any person who owns, controls, keeps, maintains or harbors chickens in the city limits without obtaining or maintaining a current permit or after a permit has been suspended or revoked by council action shall be guilty of a petty misdemeanor. Violations of this ordinance may also constitute a nuisance and a person in violation may be liable for civil damages, including costs and attorney fees to remedy the nuisance.
(Ord. 906-2011, passed - -2011; Ord., passed - -) Penalty, see § 152.999
§ 152.077 TREE REMOVAL/WOODLAND PRESERVATION/SOIL EROSION PREVENTION.
   (A)   Diseased trees. Diseased or dead trees that pose a hazard shall be removed immediately and disposed of and replaced with native tree species.
   (B)   Intensive clearing in shore and bluff setbacks. Intensive vegetation clearing within the shore setbacks and on steep slopes is not allowed.
   (C)   Limited clearing in shore and bluff setbacks and overlays. Limited clearing of trees and shrubs and cutting, pruning and trimming of trees to accommodate the placement of stairways and landings, picnic areas, access paths and beach and watercraft access areas, as well as providing a view to the water from the principle dwelling site, in shore and bluff impact zones and on steep slopes is allowed by permit; provided that:
      (1)   Screening of structures, vehicles and other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
      (2)   Along rivers, existing shading of water is preserved; and
      (3)   No tree larger than four inches of diameter is removed, except to accommodate a stairway or landing.
   (D)   Clearcutting. Vegetation removal, clear cutting, where allowed, must be done according to Best Management Practices in Minnesota. Soil erosion must be prevented and area storm water drainage patterns shall not be altered.
   (E)   Select or open cutting. Vegetation removal, select or open cutting, where allowed, must be done according to Best Management Practices in Minnesota. Reestablishing the same species removed shall occur when and where possible.
   (F)   Grading. Any area disturbed during any grading operation shall have the native topsoil augmented and the area shall be replanted with native vegetation.
(Ord. 906-2011, passed - -2011) Penalty, see § 152.999
§ 152.078 PARKING AND LOADING.
   (A)   General. On-site parking or garage space shall be provided in all districts, except as specifically exempted. There shall be adequate drive access to prevent the need to back onto collector streets or county highways. On-site parking spaces shall not be used for storage.
   (B)   Dimensions. Parking sites shall be a minimum of 20 feet long and ten feet wide.
   (C)   Parking ratios. Parking shall be provided at the following ratios at a minimum, except where exempted within §§ 152.030 through 152.043 of this chapter or unless modified by conditional use permit:
      (1)   Two stalls per dwelling unit;
      (2)   One additional stall per employee in home occupation;
      (3)   One and one-half stalls per dwelling unit, multi-family over 20 units per complex, motel/hotel units;
      (4)   One stall per six seats: churches and other assembly places;
      (5)   One stall per 300 square feet of office space;
      (6)   One stall per 300 square feet of retail space; and
      (7)   One stall per six seats for restaurants.
   (D)   On-site parking. On-site parking shall not be closer than ten feet from a lot line, except in the DMU District.
   (E)   Handicapped parking. Handicapped parking shall be required in accordance with state law.
   (F)   Parking surfaces. All parking areas shall be adequately drained to a pervious surface designed to allow entrapment of silts and nutrients prior to discharge to a public water.
   (G)   Landscaping. More than five parking stalls contiguously located and any commercial parking adjacent to residential shall be landscaped according to a plan approved by the Zoning Administrator with review by the Planning Commission.
   (H)   Loading, general. All required loading berths shall be off-street and shall be located on the same lot as the principal use served. Loading shall not occupy front yard space. Berths shall not be used for storage.
(Ord. 906-2011, passed - -2011) Penalty, see § 152.999
§ 152.079 DRAINAGE.
   (A)   General.
      (1)   When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public waters.
      (2)   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 and methods used to retain sediment on the site.
      (3)   When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds must be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities.
   (B)   Drainage plan(s). All subdivisions shall contain provisions for adequate surface or subsurface runoff of storm water and snow melt directed to natural drainageways. A storm frequency of a five-year, 24-hour storm period shall be provided for with no structural flooding or ponding.
   (C)   Natural drainage. All development shall provide for the continuance of natural drainageways, and structures shall be so constructed as to be one foot above the water level in the drainageway created by a storm of a 100-year return period or a 1% chance of occurrence.
   (D)   Drainage structures. All drainage structures provided shall be sufficient in size to pass a five-year, 24-hour storm to a natural drainageway and to pass a 100-year, 24-hour storm along a drainageway.
   (E)   Drainage storage areas. The use of natural or human-made storm water storage areas is encouraged. These areas should be vegetated and designed to naturally lower after a storm.
   (F)   Filling. No filling of areas inundated by the 100-year, 24-hour storm along drainageways shall be allowed, except by conditional use permit.
   (G)   Impervious areas. All parking areas, heavy areas, storage areas and impervious areas shall be designed to allow entrapment of silts and nutrients prior to discharge to a natural drainageway or public water.
   (H)   Public waters. Newly constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge.
   (I)   Erosion. Erosion control measures shall be provided in all areas disturbed during any grading or construction. All areas disturbed shall be covered with topsoils and seeded. Areas subject to concentrated runoff or steeper than 3:1 shall be sodded, planted with appropriate deep-rooted vegetation, or protected with an appropriate mulch cover as directed by the City Engineer.
(Ord. 906-2011, passed - -2011) Penalty, see § 152.999
§ 152.080 GRADING.
   (A)   General. The following activities must be authorized by permit, except for excavation for permitted structure, drives, sewer systems and parking areas:
      (1)   Grading and filling in the shore or bluff impact zone; and
      (2)   Any alterations of the natural topography when the slope of the land is toward a public water or watercourse involving the movement of more than ten cubic yards of material in a bluff or shore impact zone or more than 50 cubic yards of material anywhere else within a shoreland area.
   (B)   Conditions. The following conditions shall apply.
      (1)   The smallest amount of bare ground is exposed for as short a time as feasible.
      (2)   Four inches of topsoil is placed, temporary ground cover such as mulch is used and permanent ground cover such as sod is planted.
      (3)   Methods to prevent erosion and trap sediment are employed.
      (4)   Fill is stabilized to acceptable engineering standards and must not create an unstable slope.
      (5)   Plans to place fill or excavated material on steep slopes must be reviewed by a qualified professional for continued slope stability and must not create finished slopes of 30% or greater.
      (6)   Fill or excavated material must not be placed in bluff impact zones.
      (7)   Fill placed in a public water below the ordinary high water line requires a DNR waters permit and a Corps of Engineers permit.
      (8)   Excavation in the bed of public waters requires a DNR waters permit and a Corps of Engineers permit.
      (9)   Only clean fill consisting of sand, gravel or rock will be allowed where contact with water is anticipated. Mineral soil may be allowed elsewhere.
      (10)   Alterations to topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
   (C)   Wetlands. Grading or filling in any protected wetland is prohibited unless authorized by federal, state, county and local permitting agencies.
   (D)   Public waters. Connections to public waters of boat slips, canals, lagoons, harbors and similar inland excavations are prohibited.
   (E)   Roads, driveways and parking areas. Public and private roads, driveways and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from public waters.
      (1)   Roads, driveways and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zone, when other reasonable and feasible placement alternative exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts.
      (2)   Private watercraft access ramps, approach roads and access-related parking areas are prohibited on lakes with public access or more than one privately-owned but public access. On lakes with no public access, private watercraft access ramps, approach roads and access-related parking areas may be placed by permit within shore impact zones; provided, the vegetative screening and erosion control conditions of this section are met.
   (F)   Ice ridges.
      (1)   Annual ice ridges may be regraded to their original shoreline contour with a permit provided that the work is completed in the year in which the annual ice ridge occurred. Any such regrading shall meet the following standards:
         (a)   The ice ridge resulted from ice action within the last year.
         (b)   The total length of shoreline zone to be affected does not exceed 50 feet.
         (c)   All ice ridge material that is composed of muck, clay, or organic sediment is deposited and stabilized at an upland site above the ordinary high water level of any public water.
         (d)   All ice ridge material that is composed of sand or gravel is removed or graded to conform to the original cross-section and alignment of the lakebed, with a finished surface at or below the ordinary high water level.
         (e)   No additional excavation or placement of fill material occurs on the site.
         (f)   All exposed areas are immediately stabilized as needed to prevent erosion and sedimentation.
         (g)   Removal or grading of an ice ridge must not disturb emergent aquatic vegetation, unless authorized by an aquatic plant management permit from the Department of Natural Resources or the Army Corps of Engineers.
      (2)   Historic ice ridges. On those ice ridges with well-established vegetative cover, alterations for lake access shall require a permit and comply with the following standards:
         (a)   One alteration site is allowed per conforming residential lot, single nonconforming lot of record or per group of contiguous nonconforming lots in the same ownership.
         (b)   On residential lots, the bottom width shall not exceed 15 feet, with side slopes no steeper than 2:1 at each end.
         (c)   On waterfront commercial lots, the maximum bottom width shall be 25 feet with 2:1 side slopes at each end.
         (d)   Berms of no less than 12 inches above original grade level or one foot above the OHWL. whichever is higher, shall be left on all ice ridge alterations to prevent upland runoff entry.
         (e)   All disturbed material shall be removed from the site.
         (f)   Any alteration below the OHWL may require approval from the Department of Natural Resources and/or U.S. Army Corps of Engineers.
   (G)   Riprap. The city encourages the use of riprap only as a last resort to control shoreline erosion. Other methods should be used, including the planting of native, deep rooted vegetation. If riprap has been found to be the only tool available following consultation with the Department of Natural Resources, another appropriate state agency or the county at on on-site meeting attended by a city representative, riprap installation shall have the following standards.
      (1)   Gradation. A well-graded mixture of rock sizes should be used instead of one uniform size.
      (2)   Quality of stone. Riprap must be durable so that freeze/thaw cycles do not decompose it in a shore time; most igneous stones such as granite have suitable durability.
      (3)   Riprap depth. The thickness of riprap layers should be at least two times the maximum stone diameter.
      (4)   Vegetation.
         (a)   Existing vegetation on the shoreline and in the water should be maintained without disturbance.
         (b)   All bare soil on the slope above the riprap should be stabilized with seed and mulch or sod.
         (c)   Wooded, deep-rooted vegetation should be planted among the riprap to help stabilize and create wildlife habitat.
      (5)   Filter material. Filter material is usually required between riprap and the underlying soil surface to prevent soil from moving through the riprap; a filter cloth material or a layer of gravel is usually used for the filter.
         (a)   Leaching protection. Leaching can be controlled by installing a riprap gradation small enough to act as a filter against the channel base material, or a protective filter can be installed between the riprap and the base material.
         (b)   Riprap limits. The riprap should extend for a maximum flow depth, or to a point where vegetation will be satisfactory to control erosion.
         (c)   Curves. Riprap should extend to five times the bottom width upstream and downstream of the beginning and ending of the curve as well as the entire curved section.
         (d)   Riprap size. The size of riprap to be installed depends on site-specific conditions.
         (e)   Riprap prohibitions. Slopes on which riprap is used to stabilize shorelines shall be no steeper than 2:1.
      (6)   Maintenance. Inspections should be made of all sites immediately after the first rainfall following installation of riprap. This is particularly important in areas where riprap that is displaced during the storm would impact culverts. Thereafter, riprapped sites should be checked following large storms, especially those which are near or exceed the storm frequency used in the design. Displaced riprap should be removed from its downstream location and new riprap placed according to the specifications above.
   (H)   Retaining walls. A retaining wall may be installed with a permit in-between the OHWL and the structure setback provided the following standards are met:
      (1)   (a)   The Zoning Administrator determines that there is no other alternative to control erosion.
         (b)   No tier of the retaining wall shall exceed four feet in height without a plan signed by a Minnesota licensed professional engineer.
         (c)   Construction complies with all impervious surface standards of the zoning district.
         (d)   The wall cannot be longer than half the lot width or 30 feet in length, whatever is more restrictive.
         (e)   All grading and filling standards of this chapter shall be followed.
      (2)   A retaining wall may be installed without a permit behind the structure setback provided that: Construction complies with all impervious surface standards of the zone.
(Ord. 906-2011, passed - -2011; Ord. 906, 1st Series, passed 5-9-2017) Penalty, see § 152.999
Editor’s note:
   This section was amended by the city at a public hearing on 9-5-2012.
§ 152.081 BOARDWALKS.
   Boardwalk used for lake access over wetlands within the structure setback area shall require a permit and meet the following standards:
   (A)   Shall not exceed eight feet in width.
   (B)   May be placed on temporary or permanent supports.
   (C)   May have railings attached.
   (D)   Shall meet property line setbacks.
   (E)   All SWCD or DNR permitting must be followed, if required.
(Ord. 906, 1st Series, passed 5-9-2017) Penalty, see 152.999
§ 152.082 DECKS.
   Construction on new decks or replacement of existing decks (excluding replacement of deck boards or railings) shall require permits and comply with the following standards:
   (A)   Decks shall meet structure setbacks of this section, except as allowed in division (D) below.
   (B)   A four-foot walkway attached to the dwelling, for access purposes, may be added without a variance lake ward and located closer than the required structure setback from the ordinary high water level. A permit shall not be necessary for a four-foot walkway.
   (C)   Decks should be constructed as to be pervious with spacing in the deck boards, allowing water to reach a pervious surface below the deck. Decks not meeting this requirement shall be considered impervious surfaces.
   (D)   Decks that do not meet required setbacks from public waters may be allowed without a variance to principle structures in existence prior to 7-1-1995, if the following criteria are met:
      (1)   An evaluation of the property and structure reveals no reasonable location for a deck meeting the OHW setback, as determined by the Zoning Administrator.
      (2)   The deck encroachment toward the OHW docs not exceed 15% of the existing public water setback and does not encroach any closer than 30 feet, whichever is more restrictive.
      (3)   The deck is not roofed or screened.
      (4)   Maximum size of the deck is 200 square feet.
      (5)   No variance has been granted to encroach toward the lake since 7-1-1995.
      (6)   The impervious surface coverage is not exceeded for the zoning district.
(Ord. 906, 1st Series, passed 5-9-2017) Penalty, see 152.999
§ 152.083 PATIOS.
   Patios placed within the structure OHW setback shall require a permit.
   (A)   Patios within the OHW structure setback shall comply with the following standards:
      (1)   Not be located within 50 feet of the OWH.
      (2)   Be free standing.
      (3)   Have no railings.
      (4)   Be a maximum of 200 square feet in size.
      (5)   Not be more than one foot below or above natural ground level.
      (6)   The maximum impervious surface limits for the lot shall not be exceeded.
   (B)   Patios are allowed behind the structure setback without a permit provided that all setbacks are met and the property does not exceed the maximum allowable impervious surface standards.
(Ord. 906, 1st Series, passed 5-9-2017) Penalty, see 152.999
§ 152.084 RECREATIONAL VEHICLES AND CAMPING.
   (A)   General.
      (1)   All recreational vehicles (RV) must be designated to operate on roads without a special permit and must have a current license. These provisions apply to all recreational vehicles, including fish houses that are licensed as such.
      (2)   RV's must meet dwelling setbacks requirements for the zone they are located in.
      (3)   Prior to placing an RV, the occupant must have the permission of the property owner. The permission must be written when the property owner is not available on site while the RV is present.
      (4)   A permit for an RV requires documentation that domestic sewage will be handled in accordance with the city's sanitation standards. An annual permit for an RV is allowed to utilize a temporary/portable outhouse or documentation of dump station use. A long-term RV permit requires that a permanent septic system is installed or a privy/holding tank (type II system) is installed on the property.
   (B)   Properties with principle dwelling.
      (1)   There shall be a maximum of four units allowed at any one time.
      (2)   No individual RV may be placed for longer than 14 total days within any 60 days.
      (3)   No more than three recreational vehicles may be allowed in outside storage. These units may be stored year-round.
   (C)   Properties without principle dwelling.
      (1)   There shall be a maximum of four units allowed at any one time.
      (2)   Each individual RV is allowed for 14 total days in any one calendar year without a permit.
      (3)   A permit is required for RV's established for more than 14 days within a calendar year subject to the standards below.
         (a)   In the Shoreline Residential zone, one recreation vehicle shall be allowed with an annual permit or a long-term permit on all parcels.
         (b)   In all other zones where RV's are allowed, one recreation vehicle shall be allowed with an annual permit or a long-term permit on parcels less than one acre. Properties one acre or more in size shall be allowed two recreational vehicles with either annual or long-term permits.
      (4)   No outside storage of RV's is allowed on lots without a principal dwelling structure.
(Ord. 906-2011, passed - -2011; Ord. 906, passed 4-12-2016; Ord. 906, 1st Series, passed 5-9-2017)
§ 152.085 PARK MODELS: PARK MODEL STANDARDS.
   Park model travel trailers can be utilized within the city to allow temporary housing. Park models do not meet the city’s minimum dwelling size requirements and thus arc not intended to be for year round use, but for temporary use, for seasonal visitors to enjoy the amenities the city has to offer.
   (A)   One park model per parcel shall be allowed.
   (B)   Park models shall meet all dwelling setbacks for the zone.
   (C)   The park model shall be connected to city sewer or an SSTS if city sewer is not available. Holding tanks are allowed as long as they are a minimum of 1,500 gallons in size and maintained by a licensed septic pumper.
   (D)   A septic pumping log shall be maintained by the landowner and be available for inspection by the zoning administrator, if hooked up to a private SSTS holding tank.
   (E)   Park models may maintain on wheels, to be moved if required.
   (F)   Conditions may be applied to the permit, as deemed necessary, by the Council to protect the health, safety and welfare of die community.
(Ord. 906, 1st Series, passed 5-9-2017)
§ 152.086 CONTROLLED ACCESS LOTS.
   (A)   Controlled access lots, or any lot, tract or parcel of land, however designated or described, intended to be used to provide accesses to public waters for owners of non-riparian lots within new lot splits or subdivision by meets and bounds, are prohibited.
   (B)   Control access lots or parcels of land that provide access to public waters for owners of riparian or non-riparian lots within subdivisions or plats, shall be used where the Planning Commission/Board of Adjustment determines that direct riparian access is not feasible due to the presence of protected vegetation, wetlands or other critical fish or wildlife habitat.
(Ord. 906, 1st Series, passed 5-9-2017)
§ 152.087 WIND ENERGY CONVERSION SYSTEMS (WECS).
   (A)   Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed within the city.
   (B)   Application; conditional use permit required.
      (1)   (a)   Generally. The erection of a wind energy conversion system shall require approval of a conditional use permit, according to § 152.155 (conditional use permits) of this chapter.
         (b)   Commercial wind energy conversion systems; conditional uses withing certain districts. Commercial wind energy conversion systems shall only be allowed as conditional uses within the Forest Residential, Forest Preservation and Rural Preservation Districts on lots at least ten acres in area. The acreage restriction is required to protect WECS from encroachment by other uses or structures and to accommodate required setback between the WECS and property lines.
         (c)   Noncommercial wind energy conversion systems; conditional uses withing certain districts. Noncommercial wind energy conversion systems shall be allowed as conditional uses within the Forest Preservation, Forest Residential, Shoreline Residential, Neighborhood Residential and Open Space Zoning Districts of the city, subject to the regulations and requirements of this chapter, provided the property upon which the system is to be located is constructed and maintained on any parcel of at least two and one-half acres in size. The acreage restriction is required to protect WECS from encroachment by other uses or structures and to accommodate required setback between the WECS and property lines.
         (d)   Site plan drawing. All applications for a WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the information as specified in this chapter (site plan review) including the following:
            1.   Location and height of all buildings, structures, aboveground utilities, and trees on the lot, including both existing and proposed structures and guy wire anchors.
            2.   Location and height of all adjacent buildings, structures, aboveground utilities, and trees located within 350 feet of the exterior boundaries of the property in question.
            3.   Sketch elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots.
            4.   A description of the project including: nameplate generating capacity, proposed tower height, and proposed rotor diameter.
            5.   Engineer's certification of structure design, electrical design, and fall zone.
            6.   An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots.
            7.   In addition, applications for commercial WECS shall include:
               a.   An FAA permit application, if required.
               b.    A decommissioning plan.
         (e)   Declaration of conditions. The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this chapter.
   (C)   Code compliance.
      (1)   Compliance with state building code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the state building code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer.
      (2)   Compliance with national electrical code. WECS electrical equipment and connections shall be designed and installed in adherence to the national electrical code as adopted by the city.
   (D)   Warranty. Applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within the city. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.
   (E)   Design standards. 
      (1)   Heights.
         (a)   The permitted maximum height of a WECS shall be determined in one of two ways. In determining the height of the WECS the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor.
            1.   A ratio of one foot to one foot (1:1) between the distance of the closest property line to the base of the WECS to the height of the system.
            2.   A maximum system height of 175 feet.
         (b)   The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulation part 77 Objects Affecting Navigable Air Space and/or MNDOT Rule 14, M.C.A.R. 1.3015 Criteria for Determining Obstruction to Air Navigation.
      (2)   Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side, or rear yard setback. WECS towers shall be setback from the closest property line one foot for every one foot of system height. WECS shall not be located within 30 feet of an aboveground utility line.
      (3)   Rotor size. All WECS rotors shall not have rotor diameters greater than 26 feet.
      (4)   Rotor clearance. Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure or tree within a 200-foot radius.
      (5)   Rotor safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).
      (6)   Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city.
      (7)   Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:
         (a)   Tower climbing apparatus shall not be located within 12 feet of the ground.
         (b)   A locked anti-climb device shall be installed on the tower.
         (c)   Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.
      (8)   Signs. WECS shall have one sign, not to exceed two square feet posted at the base of the tower and said sign shall contain the following information:
         (a)   Warning high voltage;
         (b)   Manufacturer's name;
         (c)   Emergency phone number; and
         (d)   Emergency shutdown procedures.
      (9)   Lighting. WECS shall not have affixed or attached any lights, reflectors, flasher, or any other illumination, except for illumination devices required by FAA regulations part 77 Objects Affecting Navigable Air Space and FAA Advisory circular 70/7460-1F, September 1978 Obstruction Marking and Lighting.
      (10)   Electromagnetic interference. WECS shall be designed and constructed so as not to cause radio and television interference.
      (11)   Noise emission. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Regs. NPC 1 and 2, as amended.
      (12)   Utility company interconnection. No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the national electrical code as adopted by the city.
   (F)   Ornamental wind devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this section and shall conform to other applicable provisions of this chapter.
   (G)   Inspection. The city hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.
   (H)   Abandonment. Any WECS or tower which is not used for six successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
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