ADOPTING ORDINANCE
ORDINANCE NO. 1190
CITY OF INVER GROVE HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 1190
AN ORDINANCE ADOPTING THE RECODIFICATION OF THE INVER GROVE HEIGHTS CITY CODE INCLUDING THE CITY ZONING ORDINANCE
The city council of Inver Grove Heights does hereby ordain:
Section 1.   Authority.
1.1    Minnesota statutes, sections 415.02, 415.021, and 599.13 authorize the city to codify its ordinances and print them in various formats, including book, loose leaf or pamphlet form, and provide that any ordinance included in a new code but not previously published is sufficiently published if a substantial quantity of the code is printed for distribution to the general public.
1.2    The city has completed a recodification the ("recodification"), of the 1974 Code of city ordinances ("city code"), which was prepared by Sterling Codifiers with assistance from city staff, and which incorporates ordinances through ordinance no. 1176.
1.3    The city council has reviewed the proposed recodification in a publication entitled "2008 Inver Grove Heights City Code." The recodification is on file with the deputy city clerk.
1.4    Minnesota statutes sections 331A.01, subdivision 10, and 412.191, subdivision 4 allow publication by title and summary in the event of lengthy ordinances or those containing charts or maps. The city council finds that the summary of the recodification would clearly inform the public of the intent and effect of the recodification; that the recodification is lengthy, comprising two volumes and exceeding 200 pages in length; and summary publication is appropriate.
Section 2.   Summary Of Recodification Ordinance.
   The city council desires to adopt this summary of ordinance no. 1190, recodifying the Inver Grove Heights city code, for publication purposes. A copy of the entirety of this ordinance is available for review at city hall during regular business hours as well as at the Inver Glen library and the Veteran's Memorial Community Center. The recodification incorporates city ordinances through ordinance no. 1176 into the 2008 Inver Grove Heights city code, including the city's zoning ordinance, and makes changes that are summarized as follows:
2.1    Summary Of General Changes
   Various non-substantive changes to the city code have been made, including reformatting the code sections into a uniform numbering system, changing various terms to be gender neutral, updating references to Minnesota statutes and rules, removing fee references and listing all fees in the fee schedule, eliminating assignment of duties to specific staff positions, updating title terminology and references, and correcting grammatical and punctuation errors.
2.2    Summary Of Specific Changes
   Specific changes have been made to the following sections of the 1974 city code:
100.01-introduction of code; 100.03-numbering system; 100.07-References To Statutes And Other Legislation; 105.01-General Definitions, 105.07- interpretation, conflict; 110.03, subd. 1-Procedures; 110.03, subd. 7- Emergency Ordinances, 110.05-Catchlines And Cross References; 110.07, subd. 2-Integration Of Ordinances Into Code; 110.07, subd. 4-Source Notes; 115.01-General Penalty; 115.09-Definition Of Misdemeanor And Petty Misdemeanor; 115.11(d)-Authority To Issue Citations; 115.11(f)-citations by health officer and health inspector; 200.11, subd. 1-council meetings, order of business; 205.03-elected officials; 210.01-Salaries Of Mayor And Council; 300.03, subd. 26-personnel policy, definition; 300.77-personnel, layoffs; 300.81, subd. 10-personnel, dismissal of veterans; 305.01-housing and redevelopment authority; 305.01-County And City Powers And Responsibilities; 1005.09-license and permit procedures, approval or refusal of license; 1115.23-dance halls, liability insurance; 1117.13, subd. 1-tattoo and body piercing establishments, application/license; 1100.07-license fees for motor vehicle sales; 1103.15e and f-service station operation regulations and standards; 1125.27-liability insurance for trades and contractors; 1125.23-letter of credit for building movers; 900.03, subds. 2 and 3- emergency management definitions; 900.09, subd. 1-emergency management workers; 910.05, subds. 3, and 5-dog and kennel licenses and vaccination; 910.11-Confinement Of Certain Dogs; 910.31, subd. 1-dog kennels, license requirements; 910.43-riding horses, hours; 2005.05, subds. 1, 4, 6, and 9-miscellaneous offense, disorderly conduct; 2005.07- misdemeanor violation, disorderly conduct; 2005.01-miscellaneous offense, littering; 906.09-fire lane parking penalty; 1310.11, subds. 1 and 3-Driving Near Fire Vehicles And Fires; 1325.01, subd. 2-bicycles, definition; 1325.05, subd. 7-bicycles, carrying articles; 705.11-Water System; 705.23-water system, use confined to premises; 715.07, subd. 3-water wells, inspections; 710.21, subd. 21-sewer system, definitions; 610.05, subd. 1-solid waste collection and disposal, license fee and display; 610.03, subd. 4b-solid waste collection and disposal, collector liability insurance; 1140.35, subd. 1- pawnbrokers, records; 1200.43, subd. 2c-armory intoxicating liquor sale; 1120.11-bowling alley license provisions; 315.03-removal of fire chief and assistant fire chief; 400.11-Certificate Of Occupancy; 400.13-building, minimum floor area; 400.15-building, driveways; 400.17-building elevation; 420.01, permit requirements for excavations and fills; 420.01, subd. 3g-hours of operation; 420.05, subd. 6-bonds; 420.09-Term Of Permit; 420.19(a)- demolition debris definition; 430.21-penalty section for stormwater management; 515.30, subd. 2-definitions; 515.40, subd. 2-administration site plan required; 515.40 subds. 6b, 6b1, 6c, and 7c--amendments, board of appeals; 515.60, subd. 3-effectuation; 515.80, subd. 16-zoning matrices; 515.80, subd. 20(C)(3)-curb cuts in the B-4 zoning district; 515.80, subds. 30(N)(3) and 30(S)(2)(e)(ii), shoreland management, wetland protection and water and sewage; 515.80, subd. 31(J)(4)(a)-rural open space district; 515.80, subd. 31(Z)-effective date for critical area overlay district; 515.80, subd. 23(G)(4)(g)-floodway district, standards; 515.80, subd. 33(C)- integrated resource management overlay district boundaries; 515.80, subd. 36(K)(2)-South St. Paul Airport Overlay District; 515.80, subd. 37(A)-airport overlay district boundaries; 515.90, subds. 21(D)(9), 27(B)(3), and 29(F)-off street parking for manufacturing, apartment application permits, and Removal Of Signs; 510.03, subds. 2, 16, 19, 20, 23, 26, 32-Definitions; 510.13, subd. 2-large scale development variances; 515.90-manufactured home parks; 1107-Christmas tree sales; 1110-cigarette sales; 1111-drive-in theaters; 1112-roller skating rinks; 2015-drug paraphernalia; 1115.11 and 1115.15- prohibition of immodest dances and denial of admittance; 2005.03-vagrancy; 600-board of health; 2030-materials harmful to minors; 2000.03-criminal code provision adoption.
2.3    Summary Of New Code Provisions
   New sections have been added to the recodified city code addressing the following: acceptance of the code (1-1-2), Code Alterations (1-1-4), saving clause (1-2-2A); Limitations On Repeal (1-2-2B); Public Ways And Public Utility Ordinances (1-2-2C); rules of interpretation (1-3-1B - J1, K, L); Limitation; Compliance With Statute (1-4-1C); Application Of Provisions (1-4-2A1, C); definition of static sign (10-2-2).
2.4    Summary Of The Contents Of The 2008 Inver Grove Heights City Code
Title 1: Administration: Inver Grove Heights City Code, Legislative Procedure; Saving Clause, Definitions; Interpretation, General Penalty, Council Rules And Procedure, City Officers And Personnel, Personnel Policy, Elections, Disposition Of Unclaimed Property, Housing And Redevelopment Programs.
Title 2: Commissions, Task Forces And Committees: General Provisions, Planning Commission, Parks And Recreation Advisory Commission, Environmental Advisory Commission, Aircraft Noise Abatement Advisory Commission.
Title 3: License And Permit Procedures; Fees: General Provisions, Licensing Procedures, Permit Procedures, Fees.
Title 4: Business Regulations: Alcoholic Beverages, Intoxicating Liquor, Clubs, 3.2 Percent Malt Liquor, Persons Under Twenty One, Pawnbrokers And Secondhand Dealers, Bowling Alleys, Dance Halls And Cabarets, Motor Vehicle Related Businesses, Motor Vehicle Sales, Automobile Service Stations, Automobile Junkyards, Contractors; Trades, Gambling, Saunas, Massage Parlors And Escort Services, Therapeutic Massage Businesses, Tattoo And Body Piercing Establishments, Lodging Tax.
Title 5: Police, Health And Safety: Fire Department, Emergency Management, Alarm Systems, Animal Control, Miscellaneous Offenses, Weapons, Minors, Diseased Trees, Property Nuisances.
Title 6: Motor Vehicles And Traffic: General Traffic Provisions, Fire Lanes, Parking Regulations, Bicycles, Snowmobiles And All-Terrain Vehicles, Abandoned Motor Vehicles.
Title 7: Public Ways And Property: Streets, Sidewalks And Public Ways, Excavations In Public Ways, Public Rights Of Way Management, Streetlights, Parks And Recreation Areas, Cemetery.
Title 8: Water And Sewer; Public Services: Combined Water And Sewer Utility, Water System, Water Wells, Sewer System, Individual Sewage Treatment Systems, Solid Waste Collection And Disposal, Fee For Operators Of Solid Waste Facilities, Fee For Operators Of Construction Debris Disposal Facilities.
Title 9: Building And Development: Building Code; General Building Provisions, Fire Prevention Code, Moving Buildings, Excavations And Fills, Stormwater Management.
Title 10: Zoning Regulations: Title; Purpose; Interpretation, Rules And Definitions, Administration And Enforcement, Conditional Uses, Zoning Districts And Map, General Zoning Provisions, Land Use Matrices, A Agricultural District, Estate Districts, E-1 21/2 Acre Estate District, E-2 13/4 Acre Estate District, Residential Districts, R-1 One-Family Residential Districts, R-2 Two-Family Residential District, R-3 Multiple-Family Residential Districts, R-4 Manufactured Home Park District, MF-PUD Multiple-Family Planned Unit Development District, Business Districts, B-1 Limited Business District, B-2 Neighborhood Business District, B-3 General Business District, B-4 Shopping Center District, MU-PUD Mixed Use Planned Unit Development District, COMM-PUD Commercial Planned Unit Development District, OFFICE-PUD Office Planned Unit Development District, OP Office Park District, Industrial Districts, I-1 Limited Industry District, IOP Industrial Office Park District, I-2 General Industry District, P Institutional District, Special Use Districts, Planned Unit Development District, Shoreland Management Overlay District, Critical Area Overlay District, Floodplain Management District, IRM Integrated Resource Management Overlay District, Noise Abatement Overlay District, SG Sand And Gravel Overlay District, South St. Paul Airport Overlay District, AP Airport Overlay District, Northwest Area Overlay District, Interim Uses, Performance Standards, Off Street Parking And Loading, Townhouses, Apartments; Multiple Dwellings; Condominiums; Cooperatives, Tree Protection And Preservation During Land Alteration, Signs And Billboards, Adult Uses, Towers And Antennas, Manufactured Homes And Parks, Advertising Benches, Site Plan Review, Nonconformities.
Title 11: Subdivision Regulations: General Subdivision Provisions, Plats And Procedures, Design Standards, Park, Trail And Recreation Dedication Or Cash In Lieu, Required Improvements.
Index
Section 3.   Changes Made To The 1974 Inver Grove Heights City Code And Incorporated Into The 2008 Inver Grove Heights City Code.
3.1    General Changes
3.1.1    The entire code has been reformatted to a uniform numbering system, and references to various chapters, sections, subdivisions, and subparts have been adjusted accordingly.
3.1.2    Some of the text has been modified to be gender neutral.
3.1.3    References to Minnesota statutes and rules have been updated.
3.1.4    Various fees set by ordinance were deleted and are now to be set by council resolution and listed in the fee schedule.
3.1.5    In many cases, the assignment of duties to specific staff positions have been deleted to reflect administrative reorganization and to allow flexibility in staff duty assignments.
3.1.6    Many changes in grammar, punctuation, and form have been made which did not alter the substance of the code.
3.1.7    References to the city of Inver Grove Heights have been changed to "city".
3.1.8    In many cases, the term exemption has been changed to exception.
3.1.9    The title building inspector has been changed to building official. (See section 1125.25, 1974 Code compared to 4-6-8B, 2008 Code)
3.1.10    Throughout section 1200 of the 1974 Code (4-1A of the 2008 Code) the term "non-intoxicating" has been changed to "3.2 percent".
3.1.11    The inspector has changed to building official. (See section 1125.25, 1974 Code compared to 4-6-8B, 2008 Code)
3.1.12    Within section 1125 of 1974 Code (title 4 chapter 6 (4-6) of 2008 Code) relating to trades, the phrase administrative authority has been changed to building official.
3.1.13    In instances where the inspection department was the designated authority in the 1974 Code, the 2008 Code assigns the duties to a specific individual with the title building official. (Inspection department changed to building official-compare section 410, 1974 Code to 9-3-1, 2008 Code)
3.1.14    Throughout various sections of the code, the term "performance bond" has been changed to "letter of credit". (See section 410, 1974 Code compared to 9-3-4, 2008 Code)
3.1.15    The expression "acts of God" has been changed to "acts of nature." (See section 110.03 subd. 7, 1974 Code compared to 1-2-3F, 2008 Code)
3.1.16    Within section 515.90, subd. 28 of the 1974 Code (10-15D of the 2008 Code), relating to tree protection, references to the city forester now appear as city planner.
3.1.17    The Minnesota state board of health has been changed to Minnesota state commissioner of health. (See section 715, 1974 Code compared to 8-3, 2008 Code)
3.1.18    References to severability located at the end of various code sections have been removed and general language regarding the severability of all code provisions has been added.
3.2    Specific Changes. Throughout the recodified city code, various changes were made as part of the recodification process. In reviewing the changes below, new text is underlined, and text that has been removed has been struck through. For ease of review, references to both the location of the changed text in the 1974 Code and the 2008 Code have been included, as well as a reference to the subject matter of the change.
3.2.1    100.01 to 1-1-1; introduction of code, title
Upon the adoption by the city council, this code is hereby declared to be and shall hereafter constitute the official city code of Inver Grove Heights. This code of ordinances shall be known and cited as the INVER GROVE HEIGHTS CITY CODE of 1974 and is hereby published by authority of the council and shall be supplemented to incorporate the most recent legislation of the city. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this code by title in any legal documents. (2008 Code)
3.2.2    100.03; no reference (deleted) numbering system
For the purposes of internal reference in this Code and citation by its users, the following terms shall be used:
Chapter    Roman numerals (e.g. Chapter XI)
Section    Arabic numerals (e.g. Section 1100)
Subsection    Arabic numerals for section and subsection separated by decimal (e.g. subsection 1100.01)
   3.2.3    1-1-2; no reference (new language); acceptance of code
The city code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in section 1-2-2 of this title. (2008 Code)
3.2.4    1-1-4; no reference (new language); Code Alterations
It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this code in such a manner that the meaning of any phrase or order may be changed or omitted. Said code, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the city clerk when directed so to do by order of the city council.
3.2.5    100.07 to 1-3-5-A; References To Statutes And Other Legislation
References to Minnesota statutes are to Minnesota statutes 1971 2006, as amended by the most recent session laws, unless otherwise provided in this code. (1974 Code § 100.07; amd. 2008 Code)
3.2.6    105.01 to 1-3-2; General Definitions
For purposes of this Code, the terms defined in this Section have the meanings given them. Whenever the following words or terms are used in this code, they shall have the meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
Agent:A person acting on behalf of another with authority conferred, either expressed or by implication.
Code "this Code" or Code of Ordinances" means tThe city code of the city of Inver Grove Heights City Code adopted by ordinance in 1974, as organized, compiled and codified herein.
Council means uUnless otherwise indicated, the Ccity Ccouncil of the Ccity of Inver Grove Heights.
County:The county of Dakota, state of Minnesota.
License:The permission granted for the carrying on of a business, profession or occupation.
MSA: Minnesota Statutes Annotated, as amended.
Occupant: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
Offense:Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
Operator: The person who is in charge of any operation, business or profession.
Personal Property: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
Retailer:Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
Right Of Way: The privilege of the immediate use of the roadway or other property.
State: The state of Minnesota.
Street: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
Tenant: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
Wholesaler And Wholesale Dealer: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
Written, In Writing: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark. (1974 Code § 105.01; amd. 2008 Code)
   3.2.7    105.07; no reference (deleted); interpretation, conflict
Words and phrases used in this code shall be interpreted and understood in accordance with common and accepted usage, but any words or phrases or such other as have acquired a specific or peculiar meaning shall be interpreted and understood in accordance with such meaning.
   3.2.8    1-2-2A; no reference (new language); saving clause
Ordinances Repealed And Ordinances Saved From Repeal: All general ordinances of the city passed prior to the adoption of this code are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained herein), and excluding the following ordinances which are not hereby repealed:
1. Tax levy ordinances;
2. Appropriation ordinances;
3. Ordinances relating to boundaries and annexations;
4. Ordinances relating to adoption of or amendments to the city zoning map;
5. Franchise ordinances and other ordinances granting special rights to persons or corporations;
6. Contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants;
7. Salary ordinances;
8. Ordinances establishing, naming or vacating streets, alleys or other public places;
9. Improvement ordinances;
10. Bond ordinances;
11. Ordinances relating to elections;
12. Ordinances relating to the lease, transfer or acceptance of real estate by or from the city;
13. Ordinances or contracts relating to utility service outside the city limits; and
14. All special ordinances or orders of suspension.
3.2.9    1-2-2B; no reference (new language); Limitations On Repeal
The repeal of the ordinances, as provided in subsection A of this section, shall not affect any debt or fee which is accrued, any duty imposed, any penalty incurred, nor any action or proceeding commenced under or by virtue of the ordinances repealed or the term of office of any person holding office at the time these ordinances take effect; nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded.
3.2.10    1-2-2C; no reference (new language); Public Ways And Public Utility Ordinances
No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of subsection A of this section, excepting as this code may contain provisions for such matters, in which case, this code shall be considered as amending such ordinance or ordinances in respect to such provisions only. (2008 Code)
3.2.11    110.03 subd. 1 to 1-2-3A; Procedures
An ordinance amending this Ccode shall must specify the chapter, article, section, subsection and subdivision or clause to be amended,. lLanguage to be added shall must be underlined; language to be repealed shall must be stricken. An ordinance repealing an entire chapter, article, section, subsection or subdivision clause, need refer only to that chapter, article, section, subsection or subdivision clause, and the text need not be reproduced. The text of Aan ordinance adding only new provisions to the Ccode need not be underlined.
3.2.12    110.03 subd. 7 to 1-2-3F; Emergency Ordinances
When the Ccouncil, by a unanimous vote of the Ccouncil members present at any regular or special meeting, declares emergency action appropriate with reference to fire, civil disorder, riot, flood, tornado, and other disasters or other acts of God nature, then any ordinance dealing with such declared emergency situation may be passed at that meeting and shall be effective at a time and date set forth in said ordinance. An ordinance passed under this emergency rule shall automatically be suspended and be of no further effect following the 10th tenth day after the ordinance has been passed unless another termination date is specified within the ordinance. (Ord. 799; 11/8/93) (1974 Code § 110.03; amd. 2008 Code)
3.2.13    110.05 to 1-2-4; Catchlines And Cross References
Chapter, article, section, and subsection and subdivision headnotes, catchlines, titles and cross references are not substantive parts of this Ccode, but merely matter to expedite and simplify its use. (1974 Code § 110.05)
3.2.14    110.07 subd. 2 to 1-2-5B; Integration Of Ordinances Into Code
When an ordinance is integrated into this Ccode, the following matters may be omitted:
a.1. Title.
b.2. Enacting Cclause.
c.3. Section Nnumbers.
d. Definitions of terms identical to those contained in this Code.
e.4. Validation and repealing clauses.
f.5. Validating signatures and dates.
g.6. Punctuation and other matters not an integral part of the text of the ordinance.
h.7. Penalty provisions. (1974 Code § 110.07; amd. 2008 Code)
3.2.15    110.07 subd. 4 to 1-2-5D; Source Notes
When an ordinance is integrated into the Ccode, a source note shall be added at the end of each new chapter, section, subsection or subdivision indicating the ordinance number and section passage date from which the same was derived. (1974 Code § 110.07; amd. 2008 Code)
3.2.16    1-3-1B-J1, K, L; no reference (new language); rules of interpretation
Minimum Requirements: In the interpretation and application of any provision of this code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety and general welfare.
Computation Of Time: Whenever a notice is required to be given or an act to be done in a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be held shall be counted.
Delegation Of Authority: Whenever a provision appears requiring the head of a department or some other city officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Joint Authority: All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
May; Must; Shall: The word "may" is permissive; the word "must" is mandatory; the word "shall" is mandatory.
Nontechnical And Technical Words: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number: A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Officers And Employees Generally:
Whenever any officer or employee is referred to by title only, such reference shall be construed as if followed by the words "of the city of Inver Grove Heights". (2008 Code)
Tense: Words used in the past or present tense include the future as well as the past and present.
Ordinance: The word "ordinance" contained in the ordinances of the city has been changed in the content of this code to "title", "chapter", "article", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances. (2008 Code)
3.2.17    115.01 to 1-4-1A; General Penalty
Any person who violates a provision of the Ccode is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than $700 one thousand dollars ($1,000.00) and imprisonment for a term not to exceed ninety (90) days, or both. Each act of violation and every day on which a violation occurs or continues is a separate violation. (Ord. 596; 10/12/87) (1974 Code § 115.01; amd. 2008 Code)
3.2.18    115.09 to 1-4-1B; Definition Of Misdemeanor And Petty Misdemeanor
For purposes of the Code, the term A "misdemeanor" means a penal is an offense or crime which that the city Ccouncil is empowered to punish with fine or imprisonment,; and a "petty misdemeanor"is as defined by State law. (1974 Code § 115.09)
3.2.19    1-4-1C; no reference (new language); Limitation, Compliance With Statute
The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense. (2008 Code)
3.2.20    1-4-2A1, C; no reference (new language); Application Of Provisions
The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. (2008 Code)
Breach Of Provisions: Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (2008 Code)
3.2.21    115.11d to 1-4-4D; Authority To Issue Citations
tThe electrical inspector, the plumbing inspector, the mechanical inspector, the building official, the building inspector, the fire chief, the fire marshal, and the fire inspectors, and the code enforcement officer are hereby authorized to issue citations for violations of the state building code, the state fire code, the city building code, the city fire code, the state plumbing code, the city plumbing code, the state electrical code, and the city electrical code;.
3.2.22    115.11f; no reference (deleted)
the health officer and health inspector are hereby authorized to issue citations for violations of those provisions of State Law that relate to public health and for violations of those provisions of the City Code that relate to public health;
3.2.23    200.11 subd. 1 to 1-5-3A; council meetings, order of business
Council business shall be conducted in the following order:
1. Call Tto order.
2. Roll Ccall.
3. Approval of Minutes Presentations.
4. Special Order of Business Public hearings.
5. Consent Calendar Public comment.
6. Unfinished Business Consent agenda.
7. Public Hearings Regular agenda.
8. Petitions, Requests and Communications Mayor and council comments.
9. New Business Adjourn. (1974 Code § 200.11; amd. 2008 Code)
10. Citizens' Comments
11. Ordinances and Resolutions
12. Reports of Officers, Boards and Committees
13. Permits, Licenses and Claims
14. Adjournment
3.2.24    205.03 to 1-7-2C; elected officials
New terms shall begin and each old term shall expire on the first business day Monday of January in the year following the election of the officer. (Ord. 197, 3/11/74) (1974 Code § 205.03)
3.2.25    210.01 to 1-6-1A1-2; Salaries Of Mayor And Council
Mayor: The salary of the mayor is $7,500 eight thousand three hundred dollars ($8,300.00) beginning January 1, 2005, and nine thousand dollars ($9,000.00) beginning January 1, 2006, and per year thereafter.
Council Members: The salary of each member of the Ccouncil is $6,000.00 six thousand five hundred dollars ($6,500.00) beginning January 1, 2005, and seven thousand dollars ($7,000.00) beginning January 1, 2006, and per year thereafter. (Ord. 735; 9/23/91)
3.2.26    300.03 subd. 26 to 1-6A-2; personnel policy, definition
Related Employee: means The following kin of either the employee or the employee's spouse: children, mother, father, sister, brother, grandparent, grandchild, stepchildren, stepmother, stepfather, stepsister, stepbrother, stepgrandparent or stepgrandchild.
3.2.27    300.77 to 1-6A-20A; personnel, layoffs
No full time employee shall be laid off while there are temporary or part time employees serving in the same class of positions for which a part full time employee is qualified, eligible and available.
3.2.28    300.81 subd. 10 to 1-6A-22H3; personnel, dismissal of veteran
Veterans shall be treated as defined in Minnesota Sstatutes section 197.46, Vveterans Ppreference Aact; removal forbidden; right of mandamus.
3.2.29    305.01 to 1-9-1A; housing and redevelopment authority
The Dakota Ccounty Hhousing and Rredevelopment Aauthority (the "HRA") has been duly organized pursuant to Laws of Minnesota laws for 1971, Cchapter 333, Ssection 2, as amended, and has all of the powers and duties of a housing and redevelopment authority under the provisions of the Municipal Housing and Redevelopment Act, being Minnesota Sstatutes, Ssections 462.411 469.001, et seq. (1974 Code § 305.01; amd. 2008 Code)
3.2.30    305.01 to 1-9-2; County And City Powers And Responsibilities
Accordingly, the HRA is hereby authorized to exercise on behalf of the Ccity of Inver Grove Heights all of the powers conferred by Minnesota Sstatutes, Ssections 462C.01 to 462C.08,; provided that the Ccity Ccouncil of the City shall hold public hearings required under the Aact, and the Ccity Ccouncil must approve any housing plan or program prior to its submission to the Mmetropolitan Ccouncil or the Minnesota Housing and Finance Agency, state agencies respectively,; Aand no revenue bonds or obligations shall be issued without Ccity Ccouncil approval.
3.2.31    1005.09 to 3-2-5; license and permit procedures, approval or refusal of license
The following licenses will not be approved if there are any outstanding debts or delinquencies on taxes or special assessments due to the Ccity of Inver Grove Heights:
1. Automobile Ssales.
2. Automobile Sservice Sstations.
3. Bowling Aalleys.
4. Christmas Tree Sales
5. Cigarettes
6. Contractors.
7. Dance Hhalls.
8. Drive In Theaters
9. Garbage Ccollection.
10. Liquor sales.
    Pawnbrokers and secondhand goods dealers.
11. Roller Skating Rinks
12. Saunas, Mmassage Pparlors, Eescort Sservices & and Eemployees.
13. Vending Machines
    Tattoo and body piercing establishments.
    Therapeutic massage businesses. (1974 Code
            § 1005.09; amd. 2008 Code)
3.2.32    1115.23 to 4-4-5; dance halls, liability insurance
Public liability insurance shall not be less than one hundred thousand dollars($100,000.00) for injuries, including accidental death to any one person and subject to the same limit for each person, in an amount of not less than $200,000 five hundred thousand dollars ($500,000.00) on account of any one accident, and property damage insurance in the amount of not less than $25,000 fifty thousand dollars ($50,000.00) for each accident or mishap. (1974 Code § 1115.23; amd. 2008 Code)
3.2.33    1117.13 subd. 1 to 4-9-7B; tattoo and body piercing establishments, application/license
The City Administrator issuing authority shall issue a tattoo or body piercing establishment permit license within thirty (30) days of receipt of the application, unless the Administrator issuing authority finds that: (Ord. 943, 10-12-1998; amd. 2008 Code)
3.2.34    1100.07 to 4-5A-5; license fees for motor vehicle sales
The license shall expire one year after date of issuance as shown on the license. December 31.
3.2.35    1103.15e to 4-5B-8E; service station operation regulations and standards
No motor vehicle in need of repair shall be stored on the premises of a service station for a continuous period of more than seven (7) days forty eight (48) hours, except when so stored pursuant to an Inver Grove Heights a city police department directive, or unless there is a bona fide delay in obtaining necessary parts for the repair of such vehicle, in which case, the police department city may grant the initial extension of time, subject to review by the council.
3.2.36    1103.15f to 4-5B-8F; service station operation regulations and standards
Service station premises shall not be used as a place of sale or resale, or as a place for display for sale or resale of new or used motor vehicles, unless the owner has an automobile dealer's license. No sales of motor vehicles shall be permitted on service station premises. (1974 Code § 1103.15; amd. 2008 Code)
3.2.37    1125.27 to 4-6-4; liability insurance for trades and contractors
Public liability insurance shall not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than $200,000 five hundred thousand dollars ($500,000.00) on account of any one accident, and property damage insurance in the amount of not less than $25,000 fifty thousand dollars ($50,000.00) for each accident or mishap.
3.2.38    1125.23 to 4-6-8A; letter of credit for building movers
Any person applying for a permit to move a building may be required by the council to furnish the city with a surety bond letter of credit, the amount of which may be established by the council prior to the issuance of such permit in an amount in excess of $2,000.00. ten thousand dollars ($10,000.00).
3.2.39    900.03 subd. 3 to 5-2-2; emergency management definitions
Civil Defense Declared Emergency: means an A national security or peacetime emergency declared by the governor under the Minnesota Civil Defense Act of 1951, Ch.694, Sec. 301 statutes section 12.31.
3.2.40    900.03 subd. 2 to 5-2-2; emergency management definitions
Civil Defense Emergency Management: means The preparation for and the carrying out of emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters, caused by enemy attack, sabotage, or other hostile action. from acute shortages of energy, or from incidents occurring at nuclear power plants that pose radiological or other health hazards. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare human services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, implementation of energy supply emergency conservation and allocation measures, and other functions related to civilian protection, together with all other activities necessary or incidental to preparationing for and carrying out of the foregoing these functions.
3.2.41    900.09 subd. 1 to 5-2-3D1; emergency management workers
General Provisions on Civil Defense Workers Restrictions; Oath. Required: No person shall be employed or associated in any capacity in the civil defense agency local organization for emergency management who advocates or has advocated a change by force or violence in the constitutional form of government of United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment on information charging any subversive act against the United States. Each person who is appointed to serve in the civil defense agency local organization for emergency management shall, before entering upon his duties, take an oath in writing as prescribed by the Minnesota Civil Defense emergency management act of 1951, Section 403 1996, section 12.43.
3.2.42    910.05 subd. 3 to 5-4-2-1C; dog and kennel licenses
Term Of Dog And Kennel Licenses; Late Payment Penalty: License fees and applications on dog licenses and kennel licenses shall be issued for one year beginning on the first day of May 1 for dog licenses and first day of March January 1 for kennel licenses. Applications for licenses may be made sixty (60) days prior to the start of the licensing year, and thereafter during the licensing year. Application made after May 30 of thirty (30) days after the licensing year shall be assessed a penalty an additional fee of fifty cents ($0.50) for each late month or portion thereof, which amount shall be added to and collected with the regular license fee. Any owner who secures a dog after the start of the license year shall be allowed thirty (30) days after acquiring such dog to secure a license. (1974 Code § 910.05; amd. 2008 Code)
3.2.43    910.05 subd. 5 to 5-4-2-1E3; dog rabies vaccination
The veterinarian who vaccinates a dog to be licensed in the city shall complete, in triplicate, a certificate of vaccination. One copy shall be issued to the dog owner, one shall be retained in the veterinarian's files, and one shall be sent to the Minnesota Livestock Veterinary board of animal health. The copy issued to the owner is to be shown to the city at the time of application for a license. (1974 Code § 910.05; amd. 2008 Code)
3.2.44    910.11 to 5-4-2-3; Confinement Of Certain Dogs
Dangerous, Vicious Dogs: Every owner shall confine within a building or secure enclosure every fierce, dangerous or vicious dog and not take such dog out of such enclosure unless such dog is securely muzzled. and restrained by a substantial chain or leash and under the physical restraint of a responsible person. (1974 Code § 910.11; amd. 2008 Code)
3.2.45    910.31 subd. 1 to 5-4-2-10; dog kennels, license requirements
No person shall operate or maintain a kennel within the city without first securing a kennel permit license from the clerk. The fees for such licenses are set by Chapter X. established by resolution of the city council. The permit license year shall commence March 1 be from January 1 to December 31 each year. The clerk shall not issue a kennel permit license until the council approves the same. Each kennel license shall be posted conspicuously on the kennel premises. (1974 Code § 910.31; amd. 2008 Code)
3.2.46    910.43 to 5-4-6A; riding horses, hours
Hours of Riding Riding After Dark: No person may ride or drive a horse or pony after the hour of sunset and before the hour of sunrise or at any other time when visibility is impaired by weather, smoke, fog or other conditions along or crossing any public way without appropriate lighting or reflectorized clothing. (1974 Code § 910.43; amd. 2008 Code)
3.2.47    2005.05 subd. 1 to 5-5-1A; miscellaneous offenses, disorderly conduct
Determination Of Disorderly Conduct: The doing of any of the following acts without authority of law in a public or private place, including a school bus, by any person or persons knowing or having reasonable grounds to know that it will or will tend to alarm, anger or disturb others or provoke an assault or breach of the peace is hereby declared to be disorderly conduct:
3.2.48    2005.05 subd. 4 to 5-5-1A3
Engaging in offensive, or obscene, abusive language or in, boisterous and or noisy conduct or offensive, obscene or abusive language tending reasonably to arouse alarm, anger and resentment in others.
3.2.49    2005.05 subd. 6; no reference (deleted); miscellaneous offenses, disorderly conduct
Appearing upon any public street or other public place or on any private property without the consent of the owner or occupant in an intoxicated condition or drinking intoxicating liquors on any street or in any vehicle upon a public street.
3.2.50    2005.05 subd. 9; no reference (deleted); miscellaneous offenses, disorderly conduct
Using profane, vulgar or indecent language in or about any public buildings, store or place of business or upon any of the streets, alleys, sidewalks, parks, or public places in the municipality or from any private place in such manner as to be heard from any of the above listed places.
3.2.51    2005.07 to 5-5-1B; misdemeanor violation, disorderly conduct
Disorderly conduct is hereby prohibited, and anyone doing any of the above acts stated in subsection A of this section is guilty of a misdemeanor. A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure. (1974 Code § 2005.07; amd. 2008 Code)
3.2.52    2005.01 to 5-5-5; miscellaneous offenses, littering
No person shall deposit garbage, rubbish, cigarette filters, debris from fireworks, offal, or the body of a dead animal, or other litter in or upon any public highway, public waters or the ice thereon, shoreland areas adjacent to rivers or streams as defined by Minnesota statutes section 103F.205, public lands, or, without the consent of the owner, in or upon any private lands or water or ice thereon. (1974 Code § 2005.01; amd. 2008 Code)
3.2.53    906.09 to 6-2-7; fire lane parking penalty
Any person parking a vehicle in or blocking entrance to an established fire lane which has been designated with signs or paint as provided herein or any owner of property adjacent to such fire lanes who fails to post said signs or paint curbs yellow within sixty (60) days after having been directed to do so by the fire chief or fire marshal or fails to maintain said signs shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $300 or imprisoned for a term not to exceed 90 days, or both. as provided in section 1-4-1 of this code. (1974 Code § 906.09; amd. 2008 Code)
3.2.54    1310.11 subd. 1 to 6-3-7A; Driving Near Fire Vehicles And Fires
No person shall come within 300 five hundred feet (500') of fire apparatus going to a fire. Immediately upon the approach of any fire apparatus or fire officers' cars, sounding proper signals and responding to an alarm, all other vehicles shall draw as near as possible to the curb and remain standing until such apparatus or vehicle shall have passed. (1974 Code § 1310.11; amd. 2008 Code)
3.2.55    1310.11 subd. 3 to 6-3-7C; Driving Near Fire Vehicles And Fires
No person, except fire department members, shall drive or park a car vehicle within 300 feet of a the block where a fire apparatus has stopped to answer a fire alarm. (1974 Code § 1310.11; amd. 2008 Code)
3.2.56    1325.01 subd. 2 to 6-4-1; bicycles, definition
For the purpose of this section chapter, the term "bicycle" means every device propelled solely by human power upon which a person may ride, having two (2) tandem wheels either of which is over 14 inches in diameter, except scooters and similar devices, and including any device generally recognized as a "bicycle" though equipped with two (2) front or rear wheels. (1974 Code § 1325.01; amd. 2008 Code)
3.2.57    1325.05 subd. 7 to 6-4-2G; bicycles, carrying articles
No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars. or from properly operating the brakes of the bicycle. (1974 Code § 1325.05; amd. 2008 Code)
3.2.58    705.11 to 8-2-8A; Water System
Supply From One Service Only; Exceptions No more than one housing unit or building shall be supplied from one service connection except by special permission of the council or the Water Department utility superintendent. (1974 Code § 705.11)
3.2.59    705.23 to 8-2-8B; water system, use confined to premises
No person shall permit water from the water system to be used for any purpose except upon his own premises unless written consent is obtained from the council or the Water Department utility superintendent. (1974 Code § 705.23)
3.2.60    715.07 subd. 3 to 8-3-5C; water wells, inspections
Any reinspection required as a result of nonconformance to code shall be made by the city building inspection department. Cost for such reinspection may be charged to the applicant on the basis of actual city cost for such inspection. The applicant shall correct and/or estimate eliminate all defects prior to final approval. No system shall be placed or replaced into service until final approval by the inspection department. (1974 Code § 715.07)
3.2.61    710.21 subd. 21 to 8-4-1; sewer system, definitions
Superintendent: means The utility superintendent of the Municipal Sewage Works city. (1974 Code § 710.21)
3.2.62    610.05 subd. 1 to 8-6-2C2; solid waste collection and disposal, license fee and display
When a license is issued, the city shall furnish a license tab to the licensee for a charge to the licensee for a charge of $3.00 a established by resolution of the city council per license for each vehicle to be used by such licensee within the city, which license tab shall be affixed to each such vehicle in a conspicuous place. (1974 Code § 610.05; amd. 2008 Code)
3.2.63    610.03 subd. 4b to 8-6-2D2; solid waste collection and disposal, collector liability insurance
Public liability insurance shall not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one accident, and property damage insurance in the amount of not less than twenty-five fifty thousand dollars ($2550,000.00) for each accident or mishap.
3.2.64    1140.35 subd. 1 to 4-2-14D1; pawnbrokers, records
A licensed secondhand goods dealer and pawnbroker, at the time of receipt of an item, must immediately record, in ink or other indelible medium, in the English language, in a book or word processing unit, the following all information: required by Minnesota statutes section 325J.04. (1974 Code § 1140.35; amd. 2008 Code)
a.   An accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and/or other identifying mark(s) on such item:
b.   The purchase price;
c.   Date, time and place of receipt;
d.   Name, address phone number and date of birth of the person from whom the item was received;
e.   The identification number from any of the following forms of identification of the seller;
1. Valid picture driver's license;
2. Official state photo identification, passport or military identification;
3.2.65    1200.43 subd. 2c to 4-1A-17; armory intoxicating liquor sale (Ord. 1078)
No sale shall occur between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A.M.
3.2.66    1120.11 to 4-3-7; bowling alley license provisions
The license It shall be effective from the date of issuance to the following annual anniversary thereof. January 1 to December 31. The license It shall not be transferrable. The license It shall be kept conspicuously posted in the bowling alley to which it applies, and no person shall post such license upon premises other than those for which issued, or deface or destroy any such license. (1974 Code § 1120.11; amd. 2008 Code)
3.2.67    315.03 to 5-1-2E; removal of fire chief and assistant fire chief
The Ffire Cchief and Aassistant Ffire Cchiefs may be removed from their positions by the Ccouncil with or without cause after first being given an opportunity to be heard by the Ccity Ccouncil. (Ord. 1118, 6-20-2005) Firefighters and probationary firefighters shall be appointed by the Fire Chief in accordance with guidelines approved by the Council.
3.2.68    400.11 to 9-1-5; Certificate Of Occupancy
Group U occupancies are exempt from this requirement.
3.2.69    400.13; no reference (deleted); building, minimum floor area
Minimum floor area of single family residential dwellings shall be in accordance with Section 515.29, Subdivision 3a.
3.2.70    400.15; no reference (deleted); building, driveways
Driveway construction shall be in accordance with Section 515.51, Subdivision 5.
3.2.71    400.17; no reference (deleted); building elevation
The elevation of all buildings shall be in accordance with Section 515.47, Subdivision 16.
3.2.72    420.01 to 9-4-1-1; permit requirements for excavations and fills
All permits for existing or new operations received under this section for the first time, shall be considered initial permits. All operations existing on March 26, 1973, shall be required to obtain a permit under this section except where exempt by subdivision 2, upon expiration of existing license or by September 26, 1973, whichever occurs first.
3.2.73    420.01 subd. 3g to 9-4-1-2C1g; hours of operation
The maximum hours of operation shall be seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M., Monday through Saturday, unless the director of public works or council provides otherwise.
3.2.74    420.05 subd. 6 to 9-4-1-6E; bonds
Post a surety letter of credit or security cash escrow of a minimum of five thousand dollars ($5,000.00) per acre with a total minimum not less than ten thousand dollars ($10,000.00), unless a lesser amount is set by the Ccouncil for each excavation at any time, running to the Ccity, conditioned to pay the Ccity the cost and expense of restoration of an excavated area and expense of grading, providing topsoil and seeding where the applicant or owner shall fail to complete an excavation or restoration within the conditions under which the excavation permit was issued.
3.2.75    420.09 to 9-4-1-8; Term Of Permit
The excavation permit shall run from April 1 through March 31 of the following January 1 to December 31 of each year or for a lesser period of time as the Ccouncil may specify when the permit is issued.
3.2.76    420.19a to 9-4-4A; demolition debris definition
Demolition debris means concrete, blacktop, bricks, stone facing, concrete block, stucco, gas, structural metal and wood from demolished structures. Demolition debris shall also mean and include construction debris which means waste building materials, packaging, and ruble resulting from construction, remodeling, repair, and demolition of building and roads. Solid waste resulting from the demolition of buildings, roads, and other manmade structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic building parts. Demolition debris does not include asbestos waste. (1974 Code § 420.19; amd. 2008 Code)
3.2.77    430.21 to 9-5-11; penalty section for stormwater management
Any person, firm or corporation violating any provision of this Section chapter shall be fined not less than as provided in section 1-4-1 of this code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (1974 Code § 430.21; amd. 2008 Code)
3.2.78    515.30 subd. 2, 37 to 10-2-2; definition
Board - The Bboard of Zoning adjustments and Aappeals.
3.2.79    515.30 subd. 2, 68 to 10-2-2; definition
Daycare Facility - "Daycare facilities" include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services as defined by mean a nonresidential program under Minnesota Sstatutes section 245A.02, subdivision 10.
3.2.80    515.30 subd. 2, 82(e)(iv) to 10-2-2; definition
Dwelling/Dwelling Unit, Townhouse - means a single-family dwelling unit horizontally attached to linear or cluster fashion to one or more single-family dwelling units, Three (3) or more horizontally attached townhouse dwelling units, separated by party walls, and shall not exceed eight (8) such townhouse dwelling units per structure.
3.2.81    515.30 subd. 2, 126 to 10-15-26B; definition
Home Occupation - Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure, when evidence of the occupation is not visible from the street, no signs other than those permitted in "R" Districts are present, no stock in trade is stored on the premises, over-the-counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. See also Performance Standards, Section 515.90, subd. 35. See subsection 10-15-26B of this title for definition.
3.2.82    515.30 subd. 2, 139; no reference (deleted); definition
Junk Yards/Salvage Yards - An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.
3.2.83    515.30 subd. 2, 148 to 10-2-2; definition
Lot Of Record - Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for Dakota County, Minnesota, prior to the effective date of this Ordinance October 25, 1965.
3.2.84    515.30 subd. 2, 190 to 10-2-2; definition
Nursing Home - A building with facilities for the care of children, the aged, and infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the State Board commissioner of Hhealth.
3.2.85    10-2-2; no reference (new language); definition
Static Sign: A sign where the face remains unchanged and all components of the sign are unmoving. All illumination is maintained stationary and constant in intensity, color and brightness.
3.2.86    515.40 subd. 2 to 10-3-2; administration site plan required
A site plan shall accompany all requests for rezoning, conditional use permit, or variance regardless of whether or not any structures are proposed to be located on the property. Such site plan shall include the following information at the minimum in addition to those requirements set out in subsection 10-15J-8A of this title (other information may be required in other portions of this Ordinance title): (Ord. 1098, 11-8-2004; amd. 2008 Code)
3.2.87    515.40 subd. 6B and 6B1 to 10-3-5B; amendments, initiation
Proceedings for amendment of the Ordinance this title shall be initiated by: 1. A petition of seventy five percent (75%) or more of the owner or owners in the area and number of the property, the zoning of which is subject to the proposed amendment to be changed;
3.2.88    515.40 subd. 6C to 10-3-5C; amendments, application
All applications for amendment which are initiated by the petition of seventy five percent (75%) or more of the owner or owners in the area and number of property subject to the proposed amendment shall be filed with the Cclerk and if the application involves the changing of zoning districts and boundary thereof, the application shall be accompanied by an abstractor's certified property certificate showing the property owners within three hundred fifty feet (350') feet of the outer boundaries of the property in question, and the property in question.
3.2.89    515.40 subd. 7C to 10-3-7A2; board of appeals duties
The board shall act upon all questions as they may arise in the administration of this Ordinance title, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official the zoning administrator charged with enforcing this ordinance.
3.2.90    515.40 subd. 7C to 10-3-7B1; board of appeals, appeals
Such An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of a town, municipality, county or state the city.
3.2.91    515.60 subd 3; no reference (deleted); effectuation
This Ordinance shall be in full force and effect from its passage and publication according to law.
3.2.92    515.80 subd. 16 to 10-6-2; zoning matrices
Studios: dance, exercise, martial arts, etc. <2,000 square feet in floor area has changed from a Conditional Use (C) to a permitted use (P) in the COMM-PUD zoning district.
3.2.93    515.80 subd. 20C3 to 10-10D-3C; curb cuts in the B-4 zoning district
The driveway curb cuts to the development shall not exceed 26 feet in width, six foot return curb radii, and be located not less than sixty feet (60') feet from all intersecting streets. (Ord. 1098, 11-8-2004; amd. 2008 Code)
3.2.94    515.80 subd. 30N3 to 10-13B-11C; shoreland management, wetland protection
Development, grading and filling shall comply with the provisions for the Minnesota wetland conservation act of 1991, Minnesota statutes Chapter 354 section 103G.221 et seq. (Ord. 1098, 11-8-2004; amd. 2008 Code)
3.2.95    515.80 subd. 30S2e(ii) to 10-13B-16B5b; shoreland management, water and sewage
Minnesota statutes section 105.458 103F.221
3.2.96    515.80 subd. 31J4a to 10-13C-7A; rural open space district
In the rural open space district, no new business or industrial development which would otherwise be permitted in business and industrial districts under the Zoning Ordinance this title shall be permitted and existing business and industrial developments shall not be permitted to expand, provided, however, such development may occur in those areas topographically consistent therewith as shown exclusively on the Inver Grove Heights Zoning that certain map dated April 24, 1989, on file with the city clerk, and that certain map dated October 11, 2004, as approved by DNR, on file with the city clerk, which maps is are hereby incorporated by reference.
3.2.97    515.80 subd. 31Z; no reference (deleted); effective date for critical area overlay district
Section 515.80, Subd. 31 was duly passed by the City Council of the City of Inver Grove Heights on this 13th day of August, 1979 and became effective after publication.
3.2.98    515.80 subd. 32G4g to 10-13D-6-1B2g; floodway district, standards
Structural works for flood control that will change the course, current or cross section of a protected wetlands or public waters shall be subject to the provisions of Minnesota statutes chapters 105 103A, 103B, 103C, 103D, 103E, 103F, and 103G.
3.2.99    515.80 subd. 33C to 10-13E-4; integrated resource management overlay district boundaries
For purposes of determining the application of this Section 515.80, Subd. 33 of the Ordinance, article, the boundaries of the integrated resource management (IRM) overlay zoning district shall be as shown on the official zoning map of the city of Inver Grove Heights, on file in the office of the city clerk and the zoning administrator. (Ord. 1098, 11-8-2004; amd. 2008 Code)
3.2.100    515.80 subd. 36K2 to 10-13H-10B; South St. Paul Airport Overlay District
In addition, any person aggrieved, or any taxpayer affected by any decisions of the zoning administrator made in his administration of this Section article, who desires to appeal such decision shall submit an application for a variance a notice of appeal, by certified mail to the members of the board in the manner set forth in Minnesota statutes section 360.068, subdivision 2. (Ord. 1098, 11-8-2004; amd. 2008 Code)
3.2.101    515.80 subd. 37A to 10-13I-1; airport overlay district boundaries
The boundaries of the airport overlay zoning district shall be as shown on the official zoning map of the city of Inver Grove Heights, on file in the office of the city clerk and zoning administrator. (Ord. 1098, 11-8-2004; amd. 2008 Code)
3.2.102    515.90 subd. 21D9 to 10-15A-3J; off street parking for manufacturing
Manufacturing, fabrication or processing of a product or material required number of parking spaces: At least 4 off street parking spaces, plus 1 additional space for each 800 square feet; 1 additional off-street parking space shall be provided for each 2,500 square feet or fraction thereof of land devoted to outside storage.
3.2.103    515.90 subd. 27B3 to 10-15C-2B; apartment application permits
Conditional use permit applications shall have three thirteen (13) copies or more as required by the administration of the site filed with the application the planning department with the following features outlined and provided for in the site plan: (Ord. 1098, 11-8-2004; amd. 2008 Code)
3.2.104    515.90 subd. 29F to 10-15E-9A3; Removal Of Signs
All costs incurred in removing such signs or other advertising structure or billboard shall be paid for by the permittee, or in case no permit has been issued, by the owner of said sign or structure or the owner of the premises upon which said sign or structure is located.
3.2.105    510.03 subd. 2 to 11-1-2; definition
Alley: A minor Any dedicated public right of way which affordsing a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
3.2.106    510.03 subd. 16 to 11-1-2; definition
Lot, Corner: A lot situated at the junction of, and abutting on two (2) or more intersecting streets. or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135°.
3.2.107    510.03 subd. 19 to 11-1-2; definition
Lot Area: The area of a lot on in a horizontal plane bounded by the lot lines. For purposes of measuring the size of the lot, if the lot is not platted, all areas encumbered by public or private road or driveway easements shall be excluded.
3.2.108    510.03 subd. 20 to 11-1-2; definition
Lot Line: A lot line is tThe property line bounding bordering a lot except that where any portion of a lot extends into the public right of way, proposed right of way or permanent easement the line of such right of way on easement shall be the lot line.
3.2.109    510.03 subd. 23 to 11-1-2; definition
Lot Line, Rear: That boundary of a lot which that is opposite the front lot line. If the rear lot line is less than 10 feet ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet ten feet (10') in length within the lot, and parallel to, and at the maximum distance from, the front lot line.
3.2.110    510.03 subd. 26 to 11-1-2; definition
Lot Of Record - Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for Dakota County, Minnesota, prior to the effective date of this Ordinance October 25, 1965.
3.2.111    510.03 subd. 32 to 11-1-2; definition
Protective Covenant: A contract entered into between private parties which that constitutes a restriction on of the use of a particular parcel of property for the benefit of the owners.
3.2.112    510.13 subd. 2 to 11-1-5A2; large scale development variances
The standards and requirements of these regulations this title may be modified by the Ccity Ccouncil in the case of a plan and program for a new town, a complete community or a neighborhood unit which in the judgment of the Ccity Ccouncil, will provide adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which will also provide such covenants or other legal provisions as will assure conformity to and achievement of the plan. (Ord. 1038, 7-8-2002)
3.2.113    515.90 to 10; manufactured homes and parks
The term "mobile home" was replaced with "manufactured home" throughout the zoning ordinance provisions of the code.
3.2.114    Section 1107 of the 1974 Code relating to Christmas tree sales has been deleted and repealed in its entirety.
3.2.115    Section 1110 of the 1974 Code relating to cigarette sales has been deleted and repealed in its entirety.
3.2.116    Section 1111 of the 1974 Code relating to drive-in theatres has been deleted and repealed in its entirety.
3.2.117    Section 1112 of the 1974 Code relating to roller skating rinks has been deleted and repealed in its entirety.
3.2.118    Section 2015 of the 1974 Code prohibiting the possession, manufacture, delivery and advertisement of drug paraphernalia has been deleted and repealed in its entirety.
3.2.119    Sections 1115.11 and 1115.15 relating to the prohibition of immodest dances and denial of admittance of certain persons into dance halls have been deleted and repealed in their entirety.
3.2.120    Section 2005.03 of the 1974 Code relating to vagrancy has been deleted and repealed in its entirety.
3.2.121    Section 515.90 subd. 32E1, 2, and 2a, along with E3, E4, and E5 of the zoning code relating to manufactured homes and parks permit application, contents, investigation, fees, and bond have been deleted and repealed in their entirety.
3.2.122    Section 600 of the 1974 Code relating to the board of health and health officer has been deleted and repealed in its entirety.
3.2.123    Section 720 relating to cable communications franchise has been deleted in its entirety but is exempted out below and remains in full force and effect.
3.2.124    Section 2030 relating to the distribution and display of materials harmful to minors has been deleted and repealed in its entirety.
3.2.125    Section 2000.03 relating to adoption by reference of provisions of the criminal code has been deleted and repealed in its entirety.
Section 4.   Previously Adopted Ordinances Incorporated By Reference.
   The following ordinances have been previously adopted by the city council but have not yet been incorporated into the recodified city code, and shall hereafter be integrated into the recodified city code where appropriate:
4.1    1177 amend sec. 515.80, subd. 8.B.1 relating to allowable maximum impervious coverage in the "R" districts
4.2    1178 amend sec. 515 by adding a definition of auto auction sales and adding auto auction sales as a conditional use in the I-2, general industry zoning district
4.3    1180 providing a definition of the term impervious surface and amending sec. 515.30, subd. 2 (zoning code definitions) and amending sec. 515.80, subd. 39 (l) relating to the Inver Grove Heights northwest area stormwater manual.
4.4    1181 amend sec. 515.90, subd. 18 relating to accessory structures
4.5    1182 amend sec. 515.90, subd. 19 relating to exterior building materials
4.6    1183 amend sec. 515.80, subd. 38, interim uses, to allow the temporary crushing of concrete or asphalt aggregate associated with public road construction
4.7    1184 amend city code sec. 900 relating to emergency management
4.8    1185 amend city code sec. 1500.13, subd. 6 and sec. 1105 relating to junk vehicles and auto auction sales
4.9    1186 amend city code sections 1010.03, 1010.04 and 515.40, subd. 9 relating to fees
4.10    1187 amend city code sec. 515 relating to the planned unit development zoning district in the southeast quadrant of Highways 52 and 494
4.11    1188 amend city code sec. 320.03 relating to disposal of unclaimed property & approval of agreement with PropertyRoom.com
4.12    1189 amend code sec. 515.80, subd. 8 relating to allowable maximum impervious coverage in the R districts.
Section 5.   Ordinances Not Affected By Recodification.
   The following ordinances of the city are not included in the 2008 city code and are not affected, repealed, amended or altered by the adoption of this recodification of the city code, notwithstanding anything to the contrary contained in the recodified city code:
 
Ordinance no. 73
 
Repealing certain ordinances, adopted July 22, 1968
Ordinance no. 81
 
Designating a certain street as official street map no. 1, adopted March 3, 1969
Ordinance no. 109
 
Granting an electric franchise to Northern State Power Company, adopted December 22, 1969
Ordinance no. 110
 
Granting an electric franchise to Dakota Electric Association, adopted December 22, 1969
Ordinance no. 111
 
Granting a gas franchise to Northern States Power Company, adopted December 22, 1969
Ordinance no. 112
 
Granting permission to Northern Natural Gas Company, adopted December 22, 1969
Ordinance no. 197
 
Regulating elections held in the city of Inver Grove Heights, repealing ordinance nos. 2 and 34, adopted March 11, 1974
Ordinance no. 255
Repealing section 500.25 of the city code - planning commission, relating to building permits, adopted July 12, 1976
Ordinance no. 268
 
Rescinding section 1215.13, subd. 2 of chapter XII of city code, adopted January 10, 1977
Ordinance no. 277
 
Repealing Inver Grove Heights city code, section 1200, adopted March 28, 1977
Ordinance no. 313
 
Repealing the 2nd paragraph of city code section 1325.01, subd. 1, which eliminates mandatory bicycle registration, adopted February 27, 1978
Ordinance no. 314
 
Repeal city code sections 800.09 and 800.11 which relate to apportioning costs for street sprinkling, flushing, oiling, tree care and street lighting, adopted March 27, 1978
Ordinance no. 372
 
Repeal city code sections 600, 600.01, 600.03, 600.05, 600.07, entitled "Board Of Health: Health Officer," adopted June 9, 1980
Ordinance no. 377
 
Repealing city code sections 927.09 and 2005.15 relating to weapons and handguns, adopted July 28, 1980
Ordinance no. 423
 
Repealing city code section 927.05 relating to the use of "stop and frisk" technique by police officers, adopted May 10, 1982
Ordinance no. 444
 
Repealing city code section 1100.15 because of preemption of the subject matter by the state of Minnesota, adopted January 24, 1983
Ordinance no. 498
 
Cable communications franchise ordinance, adopted November 13, 1984
Ordinance no. 501
 
Repealing city code sections 1020 and 1025 relating to licensing and regulations of authorized gambling activities and bingo, adopted November 26, 1984
Ordinance no. 545
 
Amending city code section 205.02 and 205.03 relating to the year of municipal elections and changing the year of election from odd to even numbered years, adopted April 28, 1986
Ordinance no. 556
 
Establishing a special watershed management tax district pursuant to Minnesota statutes sections 473.875 to 473.883 for land in the city of Inver Grove Heights contained within the Lower Mississippi River watershed, adopted August 11, 1986
Ordinance no. 557
 
Establishing a special watershed management tax district pursuant to Minnesota statutes sections 473.875 to 473.883 for land in the city of Inver Grove Heights contained within the Gun Club Lake watershed, adopted August 11, 1986
Ordinance no. 578
 
Rescinding ordinance no. 540, adopted January 26, 1987
Ordinance no. 649
 
Repealing city code sections 400.17 and 400.19 relating to the position of city electrical inspector and relating to city electrical inspections, adopted January 9, 1989
Ordinance no. 653
 
Repealing the fire inspection fee for intoxicating liquor license in section 1010.01 of the IGH city code, adopted January 23, 1989
Ordinance no. 672
 
Repealing section 1200.21 of the IGH city code relating to security of on-sale and off-sale liquor licenses, adopted December 11, 1989
Ordinance no. 673
 
Granting NSP electric franchise, adopted December 11, 1989
Ordinance no. 674
 
Granting NSP gas franchise, adopted December 11, 1989
Ordinance no. 675
 
Granting Dakota Electric Association electric franchise, adopted December 11, 1989
Ordinance no. 681
 
Repealing section 605 of the IGH city code relating to garbage and rubbish disposal, adopted January 22, 1990
Ordinance no. 684
 
Establishing a special minor watershed management tax district designated as the Simley Lake watershed district pursuant to Minnesota statutes sections 473.875 to 473.883 for land in the city of IGH contained within the Lower Mississippi River watershed, adopted March 15, 1990
Ordinance no. 685
 
Establishing a special minor watershed management tax district designated as the Highway 110/I-494 subwatershed district pursuant to MN statutes sections 473.875 to 473.883 for land in the city of IGH contained within the Lower Mississippi watershed, adopted March 15, 1990
Ordinance no. 686
 
Establishing a special minor watershed management tax district designated as the Skyline Village subwatershed district pursuant to MN statutes sections 473.875 to 473.883 for land in the city of IGH contained within the Lower Mississippi River watershed, adopted March 15, 1990
Ordinance no. 711
 
Amending IGH ordinance no. 685 by adding project 1991-12 to the list of capital water management facilities to be financed by a special ad valorem tax on the land in Hwy. 110/I-494 subwatershed special tax district, adopted March 11, 1991
Ordinance no. 712
 
Establishing a special subwatershed management tax district designated as the 70th Street subwatershed district pursuant to MN stat. sections 103B.201 to 103B.251 for land in the city of IGH contained within the Lower Mississippi River watershed, adopted March 11, 1991
Ordinance no. 713
 
Amending IGH ordinance no. 686 by adding project 1991-14 to the list of capital water management facilities to be financed by a special ad valorem tax on the land in the Skyline Village subwatershed special tax district, adopted March 11, 1991
Ordinance no. 728
 
Repealing section 1113 of the IGH city code relating to the licensing of vending machines, adopted June 24, 1991
Ordinance no. 729
 
Amending the franchise agreement between the city of IGH and Continental Cablevision of Northern Dakota County, Inc., regarding the provision of geographic narrowcasting capability by repealing former section 5.01(E) thereof requiring geographic narrowcasting capability, and by adding a new section 501(E), adopted June 24, 1991
Ordinance no. 774
 
Creating Marcott Lake subwatershed taxing district, adopted March 29, 1993
Ordinance no. 775
 
Creating South Grove subwatershed taxing district, adopted March 29, 1993
Ordinance no. 776
 
Creating Old Village subwatershed taxing district, adopted March 29, 1993
Ordinance no. 777
 
Adding projects 1993-13 and 1993-17 to 70th Street subwatershed taxing district, adopted March 29, 1993
Ordinance no. 778
 
Adding projects 1993-16 and 1993-21 to Simley Lake subwatershed special tax district, adopted March 29, 1993
Ordinance no. 790
 
Creating special minor watershed tax district designated as Babcock Trail subwatershed district for land contained within the Lower Mississippi River watershed district, adopted August 9, 1993
Ordinance no. 860
 
Establishing special minor watershed management tax district designated as the College Trail watershed district, adopted March 11, 1996
Ordinance no. 971
 
Adopting new cable television franchise for MediaOne, adopted February 14, 2000
Ordinance no. 990
 
Amending ordinance no. 684 by adjusting the boundaries of the Simley Lake subwatershed special tax district, adopted November 27, 2000
Ordinance no. 991
 
Amending ordinance no. 686 by adjusting the boundaries of the Skyline Village subwatershed special tax district, adopted November 27, 2000
Ordinance no. 992
 
Amending ordinance no. 712 by adjusting the boundaries of the 70th Street subwatershed special tax district, adopted November 27, 2000
Ordinance no. 993
 
Amending ordinance no. 860 by adjusting the boundaries of the College Trail subwatershed special tax district, adopted November 27, 2000
Ordinance no. 998
 
Ordinance granting a franchise to Everest MN LLC to construct, operate, and maintain a cable communications system in the city of IGH, adopted January 8, 2001
Ordinance no. 1081
 
Amending ordinance no. 790 by adjusting the boundaries of the Babcock Trail subwatershed special tax district and by adding project no. 2001-02 to the list of capital water management facilities to be financed by a special ad valorem tax on land in the Babcock Trail subwatershed special taxing district, adopted March 22, 2004
Ordinance no. 1082
 
Amending ordinance 775 by adjusting the boundaries of the South Grove subwatershed special tax district and by adding project no. 2001-02 to the list of capital water management facilities to be financed by a special ad valorem tax on land in the South Grove subwatershed special tax district, adopted March 22, 2004
Ordinance no. 1083
 
Amending ordinance no. 712 (as amended by ordinance no. 992), by adding project no. 2001-02 to the list of capital water management facilities to be financed by a special ad valorem tax on land in the 70th Street subwatershed special tax district, adopted March 22, 2004
Ordinance no. 1117
 
Amending ordinance no. 775 (as amended by ordinance 1082) by adding project no. 2004-08 to the list of capital water management facilities to be financed by a special ad valorem tax on land in the South Grove subwatershed special tax district, adopted July 25, 2005
Ordinance no. 1151
 
Amending city code section 515 to repeal in its entirety the RR, rural residential overlay district, adopted May 29, 2007
 
Section 6.   Repealer And Amendment Ordinances Not Affected By Recodification.
   The following ordinances of the city are not included in the 2008 city code and are not affected, repealed, amended or altered by the adoption of this recodification of the city code insofar as and to the extent that these ordinances repeal various provisions of other ordinances, notwithstanding anything to the contrary contained in the recodified city code:
 
Ordinance no. 263
 
Repealing section 200, city code - council rules and procedure and substituting in its place a revised section, December 13, 1976
Ordinance no. 272
 
Repealing section 500 titled "planning commissioner" and adopting ordinance titled "planning commission," adopted March 14, 1977
Ordinance no. 289
 
Repealing city code section 1125.07, issuance of license and section 1125.15, qualifications, within section 1125 relating to trades and business licenses and adopting amendments thereto, adopted June 13, 1977
Ordinance no. 304
 
Repealing city code section moving buildings and substituting in its place, a revised section, adopted October 24, 1977
Ordinance no. 325
 
Amending city code section 405.06, subd. 1 and 405.10, subd. 1 and repealing section 405.10, subd. 2 relating to mobile home parks, adopted September 11, 1978
Ordinance no. 333
 
Amending, adding and repealing various sections and subsections of city code section 705 and 710 relating to municipal water and sanitary sewer systems, adopted October 23, 1978
Ordinance no. 334
 
Repealing city code subsections 1310.07 and 1310.09 and adding a new subsection, adopted October 23, 1978
Ordinance no. 339
 
Licensing and regulating the conduct of gambling, repealing inconsistent ordinances and providing a penalty for violation, adopted December 26, 1978
Ordinance no. 376
 
Amending city code section 400.13, subd. 1a) and d); repealing section 400.13, subd. 1 b); and section 400.13, subd. 2 - floor areas in residences, adopted July 14, 1980
Ordinance no. 426
 
Amending city code section 1330 and repealing sections 2010.01, subd. 3 and 2010.03, subd. 2 and 2010.13, relating to vehicles in public parks, adopted June 28, 1982
Ordinance no. 464
 
Repealing city code section 1020.15 and amending subsection 1010.01 relating to bingo and license fees, adopted August 8, 1983
Ordinance no. 490
 
Repealing city code section 325 and adopting an ordinance regulating the maintenance and use of a municipal cemetery in Inver Grove Heights, adopted August 27, 1984
Ordinance no. 553
 
Deleting sections 906.01 - recommendation of fire lanes, 906.03 - establishment of fire lanes, 906.05 - erection of fire lane signs, 906.07 - sign specifications, 906.09 - parking, 906.11 - violations, 906.13 - existing fire lanes, and adding new sections 906.01 - establishment of fire lanes, 906.03 - erection of fire lane signs, 906.05 - sign specifications, 906.07 - parking, 906.09 - violations, 906.11 - existing fire lanes, 906.13 - maintenance and 906.15 - appeals, adopted July 14, 1986
Ordinance no. 780
 
Repealing city code section 517 and adding a new section 517 relating to shoreland zoning, adopted April 12, 1993
Ordinance no. 794
 
Amending sections 415, 515.03, 515.11, 515.31, 515.33, 515.35, 515.39, 515.41, 515.43, and 515.49 regulating signs and billboards, adopted October 11, 1993
 
Section 7.   General Repeal Of Prior Ordinances.
   All ordinances and parts of ordinances of a general or permanent nature passed and approved prior to the passage and approval of this recodification of the city code and in conflict with the recodified city code or with any provisions of any part of the ordinances in the recodified city code are hereby repealed, provided that in construing the provisions of this ordinance the following ordinances and code provisions shall not be considered to be ordinances of a general or permanent nature and are thereby unaffected by this recodification and shall remain in full force and effect notwithstanding the foregoing and notwithstanding anything to the contrary contained in the recodified city code:
1. Any ordinances or provisions of ordinances prior to ordinance number 1176 that repealed another ordinance or any provision thereof;
2. Ordinances vacating streets and alleys;
3. Ordinances authorizing or directing public improvements to be made;
4. Ordinances levying taxes or special assessments;
5. Ordinances granting a franchise or special license to persons, firms, or corporations;
6. Ordinances annexing property;
7. Ordinances rezoning property;
8. Ordinances providing for the issuance of bonds or other instruments of indebtedness;
9. Ordinances establishing grades;
10. Ordinances creating any watershed management tax districts;
11. Ordinances establishing or modifying planned unit developments ("PUDs"); and
12. Ordinances establishing subdivision regulations for specific PUDs and any amendments to such ordinances;
13. Ordinances approving or modifying PUD development plans; and
14. Real estate transactions.
Section 8.   Appendix.
   The city clerk may maintain an appendix to the 2008 city code to assist the city council, city staff, and the public to easily locate certain ordinances and other relevant materials. The appendix shall not be considered to be a part of the 2008 city code, but may contain this enacting ordinance, a list of all ordinances adopted by the city council, all franchise agreements, all PUDs, and all tax, watershed, or other special districts, as well as such other documents of ongoing significance and effect as may be desirable as a reference tool for the city council, city staff, and the public.
Section 9.   Adoption And Approval.
9.1   The city council hereby declares that this recodification is to be prima facie evidence of the law of the city of Inver Grove Heights.
9.2   The recodification of the city code and city zoning ordinance, including the amendments contained therein, which shall be known as the "2008 Inver Grove Heights City Code," is hereby adopted and enacted and is hereby incorporated herein and made a part hereof as if fully set forth herein.
9.3   The summary of the recodified city code and city zoning ordinance is approved.
Section 10.   Publication.
10.1    The deputy city clerk is authorized and directed to prepare sufficient copies of the recodification for use by the city council, staff and for general distribution to the public in accordance with the city's policies regarding distribution and availability of city documents.
10.2    The deputy city clerk is directed to distribute one copy of the 2008 Inver Grove Heights city code to the Inver Glen public library and the Dakota County law libraries in Hastings and Apple Valley and to maintain one or more copies for viewing and use by the general public at city hall during regular business hours.
10.3    The deputy city clerk is directed to publish the summary of this ordinance in the city's official newspaper.
10.4    The deputy city clerk is directed to publish this recodification online.
Section 11.   Effective Date And Savings Clause.
11.1    This ordinance shall be effective from and after its passage and the publication of the ordinance summary according to law.
11.2    Nothing in the recodification of the city code and city zoning ordinance is intended, or shall be construed, to modify, abrogate or abridge:
11.2.1    The rights, duties, liabilities, privileges or immunities of the city;
11.2.2    The qualifications or terms of office of city officers as they exist on the effective date of the recodification.
Passed this 27th day of July, 2009.
 
                                    ________________________
                                    Mayor George Tourville
Attest
 
________________________
Melissa Rheaume