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§ 155.052 SINGLE-FAMILY HOUSING.
   Single-family housing may be located within the A-1, R-1, R-1a, R-2, and RR Zoning Districts upon compliance with the following conditions:
   (A)   Single-family houses shall comply with all zoning regulations for the zone in which they are located.
   (B)   A building permit and any other required permits shall be obtained for single-family housing.
   (C)   No single-family home erected in the city after the effective date of this chapter, built in conformance with M.S. §§ 327.31 through 327.35 shall be constructed unless built on a full foundation, which foundation is underneath the entire structure including attached garages and which foundation complies with the State Uniform Building Code. Except for the following additions that may be placed on pier footings:
      (1)   Open decks;
      (2)   Covered porches, provided that the floor height is three feet or less above ground level;
      (3)   Covered porches with a floor height exceeding three feet above ground level, provided that such porch does not exceed 300 square feet in area or if larger than 300 square feet, engineering documentation is required; and
      (4)   Room additions to living area, not exceeding 300 square feet in area; or if larger than 300 square feet, engineering documentation is required.
   (D)   Additionally, the perimeter foundation need not be continuous in the area of an elevated breezeway or similar architectural feature that connects the home to a garage or similar structure.
(Ord. 110, passed 11-15-97; Am. Ord. 0305, passed 4-8-03; Am. Ord. 0405, passed 5-11-04; Am. Ord. 0408, passed 12-14-04; Am. Ord. 0903, passed 10-27-09; Am. Ord. 1003, passed 6-8-10; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1603, passed 3-8-16; Am. Ord. 1806, passed 10-23-18; Am. Ord. 2001, passed 7-14-20) Penalty, see § 155.999
§ 155.053 SEWAGE DISPOSAL.
   (A)   Objectives and title. The objectives of the city are to provide to the extent possible with on-site systems adequate and safe methods of sewage disposal and to prevent the contamination of any existing or future water supply by existing or future sewage disposal systems. To accomplish this objective, the city adopts the Minnesota Rules Chapter 7080, Individual Sewage Treatment Systems Program, as its Sewage Disposal Chapter. However, the systems, procedures, and other requirements of this chapter are not to be construed such as to afford direct protection to an individual landowner, but rather the purpose of this chapter is to adopt a general public policy relating to sewage disposal and clean water supplies.
   (B)   Definitions and interpretation. For the purpose of this section, certain terms or words used herein shall be interpreted as follows: The word “shall” is mandatory, the words “should” and “may” are permissive. All distances, unless otherwise specified, shall be measured horizontally. Definitions are listed in Minnesota Rules, part 7080.0020, with the following additions:
   ADMINISTRATOR. The Building Official.
   AGENCY APPROVED DISPOSAL FACILITY. Any disposal facility which has a National Pollutant Discharge Elimination System (NPDES) Permit or State Disposal System Permit or letter of approval from the agency.
   (C)   Amendments. The city requires that the following amendments to Minnesota Rules Chapter 7080 shall take precedence on the construction of on-site sewage disposal systems:
      (1)   All on-site sewage disposal systems shall be constructed with two 1,000-gallon single compartment septic tanks and a minimum of 1,250 square feet of drain field.
      (2)   All on-site disposal systems with pumps shall be constructed with a 1,000-gallon pump chamber in addition to the two 1,000-gallon tanks.
      (3)   (a)   The square footage required for mound systems will be sized according to the total gallons per day (g.p.d.) with no 0.83 sizing reduction. This will provide consistency and simplify the sizing of mound systems. For example, a two-bedroom house with 300 g.p.d. will be sized at 300 square feet, a three-bedroom house with 450 g.p.d. will be sized at 450 square feet.
         (b)   The new sizing requirement should in no way draw attention away from the necessity for clean washed sand or take away the ability of the site evaluator/installer to size the mound system larger due to other circumstances such as an oversized bathtub/whirlpool.
      (4)   For soils with a percolation rate of one minute per inch or faster, at least 12 inches of loamy sand textured soil with a percolation rate between six and 15 minutes per inch at the original site must be placed between the drain field rock and the coarse soil along the excavation bottom and sidewalls. The size of the soil treatment system must be based on the required treatment area for a soil having a percolation rate of 16 to 30 minutes per inch or the minimum county requirements per bedroom, whichever is greater. For soils with a percolation rate between one and five minutes per inch, the special considerations for rapidly permeable soils in Minnesota Rules Chapter 7080 must be followed.
      (5)   Where centralized sanitary sewer is available, septic compliance verification must be provided to the city's Building Official for review and acceptance when a building permit is applied for any living area expansion or remodel as determined by the Building Official. Should the Building Official find the existing sewage disposal system is in non-compliance with Minnesota Rules Chapter 7080, the owner of the property shall be required to hook up to city sanitary sewer where available within six months of issuing a building permit.
   (D)   Permits. No person, firm, or corporation shall install, alter, repair, or extend any individual sewage disposal system in the city without first obtaining a permit therefor from the city or its authorized representative for the specific installation, alteration, repair, or extension. A permit shall be valid for a period of six months from date of issue, subject to the fees according to the current fee schedule.
   (E)   Inspection.  
      (1)   For new construction, the Building Official shall make such inspection or inspections as are necessary to determine compliance with this chapter. No part of the system shall be covered until it has been inspected and accepted by the Building Official. It shall be the responsibility of the applicant for the permit to notify the Building Official that the job is ready for inspection or reinspection, and it shall be the duty of the Building Official to make the indicated inspection within 24 hours after such notice has been given. It shall be the duty of the owner or occupant of the property to give the Plumbing Inspector free access to the property at reasonable times for the purpose of making such inspection.
      (2)   Upon completion of the installation or renovation of an on-site system the system owner or agent shall submit a description of the system as installed to the Building Official. The description shall include site address, location, and layout of the system on the site, the type and design of system installed, the type of building served, and the results of the site suitability analysis (percolation tests and/or soil borings).
   (F)   Certification. No person shall engage in the business of or perform for others the service of soil and percolation testing and site evaluation, installing, renovating, repairing, or pumping and cleaning sewage treatment systems within the city without first obtaining MPCA Certification, as defined in Minnesota Rules Chapter 7080.
   (G)   System inventory. The Building Official shall create, update, and maintain an accurate inventory of all new and renovated individual sewage disposal systems within the city corporate limits. Information to be recorded shall include, but not be limited to:
      (1)   Location;
      (2)   Description of original installation;
      (3)   Improvement made;
      (4)   Pumping records;
      (5)   Soil types.
   (H)   Administration.
      (1)   Enforcement.
         (a) Any person who commits any of the following acts or violates any of the provisions of this chapter which prescribe that certain action is unlawful shall be guilty of a misdemeanor, and upon conviction thereof shall be penalized as provided in § 155.999; each day that unlawful activity continues shall constitute a separate violation:
            1.   Disposes of sewage or installs or renovates an individual sewage treatment system without first having received a permit as provided herein;
            2.   Installs or renovates an individual sewage treatment system or discharges sewage in a manner which involves the knowing and material variation from the terms and specifications contained in the application or permit;
            3.   Violates the terms of an order issued pursuant to the provisions contained herein.
         (b)   The Building Official may by written order suspend or revoke any disposal or system permit when he or she has information indicating that the permit has been issued in error or on the basis of incorrect or inadequate information or that work is not being performed in compliance with this chapter or the provisions of any permit issued hereto.
      (2)   Cease and desist orders.
         (a) The City Attorney may issue an order to the owner or occupant of any premises utilizing an individual sewage treatment system to cease and desist the use of any system which is operating in manner creating substantial hazard to the public, health, safety, or welfare or which has not been repaired in accordance with the provisions of an order issued. A noticed public hearing shall be held within 14 days following the issuance of such an order to determine whether the order should be continued in force and effect.
         (b)   The city may cause to be assessed against the property on which an individual sewage treatment system is located the cost of proper closure, restoration, and cleanup of pollution occurring as a result of a system failure. Upon certification by the accountant of the cost incurred, the City Administrator shall cause the cleanup assessment to be levied against the property on which the system is located.
      (3)   Liability. The Building Official or any employee of the city charged with the enforcement of this section, acting in good faith and without malice for the discharge of his duties, shall not thereby render him- or herself personally liable and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Building Official or employee because of such act or omission performed by him or her in the enforcement of any provision of this chapter shall be defended by the legal department of the city until final termination of the proceedings.
      (4)   Cooperation of other officials. The Building Official may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the other officials of the city.
      (5)   Appeals and variances. Appeals from the Building Official's decision and requests for variances as to any provisions of this section may be made to the city. The Planning Commission may grant a variance to the strict terms or requirements of this chapter as it affects specific tracts of land if it finds that:
         (a)   It is shown by reason of topography or other physical conditions that strict compliance with the chapter's requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right;
         (b)   By the granting of the variance, the spirit and intent of the chapter will not be adversely affected;
         (c)   The variance will not be injurious to the health and/or general welfare of:
            1.   The users of the system for which the variance is sought;
            2.   The adjacent property owners; and
            3.   The general community as a whole;
         (d)   The establishment, maintenance, or operation of the system as permitted by the variance will not be detrimental to or endanger the public health, safety, or general welfare and is not contrary to established standards, regulations, or ordinances of other governmental agencies.
(Ord. 110, passed 11-15-97; Am. Ord. 0408, passed 12-14-04; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1106, passed 8-9-11) Penalty, see § 155.999
Cross-reference:
   Private wastewater disposal, see § 51.03
§ 155.054 SWIMMING POOLS.
   (A)   Definitions. In this section SWIMMING POOL means any pool, tank, depression or excavation in or above-ground, or other structure which shall cause or has the capacity to retain water with a depth greater than 30 inches which shall be designed for the intent to be used for swimming, wading, or immersion purposes by individuals.
   (B)   Permit required.
      (1)   No person shall construct, alter or renovate a swimming pool without an approved building permit.
      (2)   The application for a permit must include the following:
         (a)   Complete plans and specifications for the construction of the pool;
         (b)   A site plan showing the distance of the proposed swimming pool from the property lines, existing structures on the lot, including the house, garage, and fences, retaining walls, trees, overhead and underground wiring, utility easements; any on-site sewer system and other significant features.
         (c)   The proposed location of pumps, filters, motors, electrical power source, if any, flushing and drainage outlets, and other operational features; and
         (d)   Location and specifications of protective fencing, including a construction fence.
   (C)   Location.
      (1)   Swimming pools shall not be located beneath utility lines nor over underground utility lines of any type.
      (2)   No person, firm or corporation shall build, situate or install a swimming pool within 10 feet of any side property line and 15 feet from any rear property line, nor within 10 feet of any principal structure, excluding uncovered decks, nor closer to the front property line than the principal structure. Corner lots are permitted to install swimming pools within the front yard that is opposite the interior side yard, but it must meet the required front yard setback.
      (3)   No swimming pool shall be located within ten feet to any portion of a septic tank or within 20 feet of an area designated as a drainfield, alternate drainfield or well.
      (4)   No pool shall be located within any public or private utility easement, ingress or egress easement, swale or existing drainage areas which may be affected by 100 year rain event levels, wetlands, floodplains or other location in which it will represent a threat to the natural environment.
   (D)   Fence requirements - general. All swimming pools shall be completely enclosed by a type of fence meeting the following general requirements:
      (1)   The fence shall be of the non-climbing type, so as not to be penetrable by toddlers and afford no external handholds or footholds.
      (2)   The bottom of the fence shall be no higher than four inches above grade at any given point.
      (3)   All fence openings or points of entry into the pool area enclosure shall be equipped with self-closing and self-latching gates. The self-latching device must be placed at the top of the gate or so it is inaccessible to small children.
      (4)   All swimming pool fences shall meet the regulations set forth in § 155.030.
   (E)   Fence requirements - specific.
      (1)   Construction fence. A construction fence shall completely enclose any in-ground pool preceding the erection of a permanent fence described in division (D)(1). The construction fence shall be a minimum of six feet in height, made of snow fence-like or similar design and be securely anchored in place with its base flush to the ground. It must have supportive posts placed no more than eight feet apart and remain in place until a permanent fence completely enclosing the swimming pool is installed. No swimming pool, even though containing water for construction purposes, shall be occupied or used at any time prior to the installation of a permanent fence.
      (2)   In-ground pools. A safety fence at least six feet in height shall completely enclose any in-ground swimming pool. As an alternative to a safety fence, an automatic pool cover may be utilized if it meets the standards of F1346-91 (reapproved 1996) of American Society of Testing and Materials (ASTM), as such standards may be modified, superseded, or replaced by ASTM, if all of the following requirements are met:
         (a)   The property on which the in-ground pool is located is zoned A-1 Agricultural;
         (b)   The property upon which the in-ground pool is located does not abut a residential zoning district;
         (c)   The property upon which the in-ground pool is located is five acres or larger in area;
         (d)   The in-ground pool is set back a minimum of 150 feet from the side and rear property lines and 300 feet from an existing non-owner occupied dwelling. The 150-foot setback may be waived if the side or rear lot line of the parcel upon which the in-ground pool is located is adjacent to a public body of water as identified on the Minnesota DNR Public Water Inventory Map and the required minimum shoreland setbacks are met.
      (3)   Above-ground pools. A fence at least four feet in height shall completely enclose any above-ground swimming pool.
      (4)   Above-ground pools with accessory decks. If an accessory deck is constructed within three feet of any part of the above-ground swimming pool, the deck shall be required to install a minimum 36 inch high guard rail. The guard rail shall be constructed so no space within it is wider than four inches. All openings or points of entry into the above-ground pool shall be equipped with self-closing and self-latching gates.
      (5)   Outdoor spas and hot tubs. Outdoor spas and hot tubs, of any size, must be covered when not in use and shall have a latchable cover or surrounded by a four-foot non-climbing fence. The cover should be constructed of a material not to be penetrable by toddlers and is subject to the inspection by the Building Official or designee.
   (F)   Miscellaneous requirements.
      (1)   Conduct. The conduct of persons and the operation of pools is the responsibility of the owner or the tenant thereof, and such conduct of persons and operation of the pool shall be done in such a manner so as to avoid any nuisance or breach of peace, and it shall be unlawful to allow loud noise to go beyond the boundaries of the property upon which the pool is located to adjacent property.
      (2)   Drainage. All back flushing water or pool drainage water shall be directed onto the property of the owner or onto approved drainage ways, such as street curb, ditches, storm sewers, and storm water ponds.
      (3)   Lighting. Any outdoor lighting of the pool may not spill or shine upon adjacent properties. For all underground pool lights and above ground plug-in motors, compliance with the Electrical Code is required.
   (G)   Retroactivity. The provisions of this chapter shall apply retroactively only with regard to the safety features, such as wiring and fencing to all existing above-ground swimming pools, and the owners shall have until June 1, 2009, to conform to the requirements herein.
   (H)   Penalty. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be punishable as provided in § 155.999. Each day on which such violation continues shall constitute a separate offense.
(Ord. 0803, passed 4-22-08; Am. Ord. 1003, passed 6-8-10; Am. Ord. 1902, passed 5-14-19)
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