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Building and/or land use permits are required for remodeling, building, relocation and demolishing a structure within the city limits. Building and/or land use permits are required for the construction or relocation of storage building and private swimming pools within the city limits.
(Ord. 239, § 1012, Am. #4, passed - -2004; Am. Ord. 7, Second Series, passed 9-24-2007) Penalty, see § 10.99
(A) Permit required. A building permit is required before raising, holding up or moving any building. An application for the permit shall designate the origin and destination fo such building, the route over which it is to be moved and the time in which the moving of such building shall be issued.
(B) Value of building. The building to be moved, after being moved, must be worth at least 50% of the cost of a similar new building, as determined by the Zoning Administrator.
(C) Sewer charges, water bills and the like. All sewer charges and water bills payable against the property from which the building is to be moved have been paid and that all sewer and water connections have been plugged or discontinued at the main, that all cess pools, septic tanks and cisterns have been filled, all other hazards have been eliminated and all taxes against the property have been paid in full.
(D) Compliance with Building Code, ordinances and the like.
(1) The building to be moved must comply in all respects with the State Building Code and other applicable ordinances; provided, the person proposing the structure relocation may present to the Zoning Administrator and the Building Official complete and detailed plans showing changes which will be mad in order to attain compliance with the ordinances.
(2) In the event that such changes are proposed, a permit authorizing the moving of the building shall not be issued until the owner has agreed in writing to complete the necessary changes within a period of 1 year, the Zoning Administrator has approved the plans, the building permit fee has been paid and the building permit issued, and a performance bond guaranteeing completion of the changes, and equal to at least 1½ times the cost of the proposed work as estimated by the Zoning Administrator and the Building Official has been posted with the city. That upon compliance with divisions (B) and (C) the Zoning Administrator, licensee and applicant shall submit the application to the Planning Commission for approval and recommendations to the City Council at the next stated meeting of the Commission.
(3) The Planning Commission shall determine whether such application shall conform to the immediate surrounding community. In every case in which a permit is issued, as herein provided, for the removal required or the displacement of any overhead electrical or other wires, it shall be the duty of the person, association, or corporation owning, operating or controlling such wires to remove or displace the same, so far as the same may be necessary to effect the removal thereof, shall be authorized by the permit.
(E) Notice. The person to whom the permit shall have been issued shall notify the person, association, or corporation owning, operating or controlling the wire to remove or displace the same to facilitate the removal of the building, and shall at the same time exhibit to the person, association, or corporation the properly issued permit authorizing the removal of the wires sufficiently to allow the passage of the building along the street over which the wires are suspended.
(F) Any expenses incurred or to be incurred in the moving, removing or displacing of the wire shall be paid for by the person who make application for the permit.
(Ord. 239, § 1013, Am. #4, passed - -2004) Penalty, see § 10.99
(A) Definition. In this chapter PRIVATE SWIMMING POOL means any pool, tank, depression or excavation in or above ground, or other structure which shall cause retaining of water over a greater depth than 18 inches and/or having a larger plane surface of water greater than 150 square feet and which shall be designed or used for swimming, wading or immersion purposes by individuals, used or intended to be used solely by the owner, lessee or tenant thereof and his or her family and by friends invited to use it without payment of any fees.
(B) Permit.
(1) It shall be unlawful for any person to construct, alter or repair a private swimming pool within the city without first having secured a permit therefor from the Building Official. An application for this permit shall be made on such forms as may be furnished by the city, and shall be accompanied by complete plans and specifications for the pool including the type and location thereof with respect to the boundary lies of the land of the applicant. The applicant shall pay the fees established by resolution for such permit.
(2) The Building Official may revoke any permit for failure to comply with this chapter. Before a permit is revoked, the pool owner shall have notice in writing listing and describing the instances of failure to comply with this chapter. The permit shall be reissued upon proper application and upon presentation that the deficiencies causing revocation have been corrected.
(3) It is unlawful for any person to own or maintain a private swimming pool that does not comply with this section.
(4) Setback requirements; location generally; drainage generally.
(C) Location of pool. Pools for which a permit is required under this article shall not be located within 10 feet of any side or rear lot line not within 6 feet of any principal structure or frost footing. Pools shall not be located closer than 10 feet to any portion of a private sewage system. Pools shall not be located within any required front yard. Pools shall be drained to the street storm sewer system unless otherwise authorized by the city.
(D) Fences.
(1) All private swimming pools shall be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in vertical or horizontal direction, except for doors and gates. The fence shall be of a type not readily climbed by children. A dwelling or accessory building may be used as part of such enclosure. An above-ground pool with a wall greater than 4 feet in height does not require a fence if the wall cannot be readily climbed by children.
(2) All gates or doors opening through the enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all time when not in actual use and be provided with hardware for permanent locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in use.
(E) Temporary fences. When it is necessary to fill the pool prior to installation of the required fencing, a temporary fence (such as a snow fence) may be installed in a substantial manner; with the approval of the Building Official. The maximum time allowed for a temporary fence shall be 30 days.
(F) Fencing standards. Fences must comply with the fence standards specified in this chapter.
(G) Outdoor pool enclosures. Outdoor pool enclosures, permanent or inflated shall be constructed in accordance with the Minnesota State Building Code including appendix Chapter 55 (membrane structures). Enclosures shall be of a neutral color and designed to blend with the existing surroundings. The enclosure shall not exceed in height, the principal structure on the property nor shall the enclosure be more than 18 feet in height.
(H) Above ground pools. Above ground private swimming pools shall be protected in such a way that access ways, other than those afforded by the dwelling house or accessory buildings, shall be equipped with self-closing and self-latching gates or doors so these gates or doors are kept securely closed at all times when not in actual use.
(I) Pool covers. Pool covers, whether they can be locked or not, do not alone meet public safety requirements if the cover is of the type that can collect and hold natural water.
(J) Lighting, ventilation and electrical requirements.
(1) Underwater lighting. Where underwater lighting is used, the lights shall be spaced to provide illumination so that all portions of the pool and pool bottom may be readily seen without glare.
(2) Electrical wiring. All electrical wiring shall conform with the National Electrical Code approved by the National Fire Protection Association and shall be approved by the National Underwriters Laboratory and the state electrical inspector, with particular reference to Article 680-20 of the National Electric Code.
(3) Grounding underwater lights. Each underwater light shall be individually grounded by means of a crewed or bolted connection the metal junction boxes which the branch circuit to the individual light precedes. Such junction boxes shall not be located in the pool deck.
(4) Location of wiring. Service drop conductors and any other open overhead wiring shall not be installed above the swimming pool or surrounding area extending 10 feet horizontally from the pool edge, or dividing structure, observation stands, towers or platforms.
(5) Shielding lights. Lights used to illuminate any private swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.
(K) Life-saving and emergency equipment.
(1) All private swimming pools shall have life-saving equipment consisting of at least:
(a) One ring buoy not more than 15 inches in diameter to which is attached a rope 3/16-inch in diameter and of a length at least equal to the greatest dimension of the swimming pool.
(b) One life pole, or shepherd’s crook type of pole at least 10 feet long and having blunted ends, shall be provided.
(c) Emergency flood lighting that is electrically connected to a different circuit than used by the pool.
(2) The emergency equipment shall be used for emergency purposes only.
(L) Polluted water. No body of water whether it be natural or an artificial body of water in the city, which contains sewage, waste, or other contaminating or polluting ingredients rendering the water hazardous to health shall be used for swimming or bathing by any person or persons.
(M) Water left standing. Water shall not be allowed to remain in any unused or abandoned pool.
(N) City water supply.
(1) Cross connections. There will be no cross-connections of the city water supply with any other source of water supply for the pool. The line from the city water supply to the pool shall be protected against backflow of polluted water by means of either an air gap, vacuum breaker or other adequate device to prevent back siphonage.
(2) Bacteriological quality of water. A sample of private swimming pool water shall be considered satisfactory when the total bacterial count at 35 degrees centigrade does not exceed 200 colonies per milliliter and no organisms of the E.Coli group are present in a 10 milliliter portion or 100 milliliter portion as determined by the membrane filter method. If more than 1 sample out of 7 collected on different dates is unsatisfactory procedures and interpretations relating to bacteriological quality shall be done in accordance with the Standard Methods for the Examination of Water, Sewage and Industrial Wastes, 11th Edition.
(O) Pool filters.
(1) Every private swimming pool shall be equipped with a recirculating system capable of filtering the entire contents of the pool in 12 hours or less.
(2) Filters shall be capable of maintaining the clarity of the water to permit the ready identification, through an 8-foot depth of water, of a disc 2 inches in diameter which is divided into 4 quadrants in alternate colors of red and white.
(3) Filter capacity shall be such that it need not be cleaned more frequently than once every 4 days under proper conditions of water and operation.
(4) All pressure filters shall be equipped with influent and effluent pressure gages to determine the pressure differential and frequency of cleaning. All other filters shall be equipped with at least 1 pressure vacuum or compound gauge, as applicable, which shall be positioned in such a way as to determine the differential across the filter and the need of cleaning.
(5) All pressure filter systems shall be equipped with an air release at the high point in the system.
(6) Operating instructions shall be posted on every filter system. All valves shall be properly designated, indicating their purpose.
(7) When dissimilar metals are used in the construction of the filter, which may set up galvanic currents, then suitable provision shall be made to resist electrolytic corrosion.
(8) Filters so designated and installed that they can be readily disassembled and the filter elements removed.
(9) Disinfection and chemical conditioning: Provisions shall be made for the introduction into each private swimming pool water of accurate and controlled applications of a disinfectant in sufficient quantities to attain and maintain efficient bactericidal action while the pool is in use.
(10) Suitable methods shall be available to maintain a pH of the pool water between 7.2 and 8.2 and to maintain an alkalinity of not less than 50 ppm.
(11) The devices used to apply chlorine or its equivalent as a disinfectant shall be of such capacity as to maintain in all areas of the swimming pool at all times at least 0.5 ppm of free available residual chlorine or a residual level of another approved disinfectant which shall be of at least a proven equivalent disinfecting strength as 0.5 ppm of fee available residual chlorine.
(P) Chemical storage. The storage of chemicals shall meet the requirements of the Uniform Fire Code.
(Q) Unnecessary noise. It shall be unnecessary for any person to make, continue or cause to be made or continue at any private swimming pool or family pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In the operation of a swimming pool, the use of permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool premises shall be unlawful.
(Ord. 239, § 1014, Am. #4, passed - -2004) Penalty, see § 10.99
(A) It is unlawful for any person to demolish or cause to be demolished any building or structure without first obtaining a permit therefor from the city. Application for this permit shall be made at least 10 days prior to commencement of the demolition, together with payment of the required fee and deposit.
(B) It is the responsibility of the party holding the permit to complete the following:
(1) The removal of all resulting debris, including but not limited to foundations, footings, floor slabs, chimneys and stairs, and the transportation and deposition of this material in an appropriate licensed landfill; and
(2) The termination of utility service in a manner and form satisfactory to the City Council.
(Ord. 239, § 1015, Am. #5, passed - -2005) Penalty, see § 10.99
ZONING ADMINISTRATION
(A) The City Council shall appoint a Zoning Administrator, whose responsibilities shall be as follows.
(B) (1) Review and sign building permits, the land use portion thereof and make and maintain records thereof;
(2) Conduct inspections of land use as part of the building inspection process and as directed by the Planning and Zoning Commission or City Council to determine compliance with terms of this chapter;
(3) Maintain permanent and current records of the chapter, including but not limited to all maps, amendments, and conditional uses, variances, appeals and application therefore; and
(4) Institute in the name of the city any appropriate actions or proceedings against violator as provided for in this chapter.
(Ord. 239, § 1100, passed 1-22-2000)
A 5 person Board of Adjustment and Appeals is hereby created. The City Council shall act as the Board of Adjustment and Appeals and has the authority and jurisdiction to review and act upon all applications for appeal regarding the interpretation and restrictions of this chapter.
(Ord. 239, § 1101, passed 1-22-2000; Am. #1, passed 5-7-2001; Am. Ord. 23-02, passed 2-13-2023)
(A) The Board of Adjustment and Appeals has the following powers and duties with respect to the zoning code.
(B) To hear and decide appeals where it is alleged that there is an error in any order of requirement, decision, or determination made by an administrative officer in the enforcement of the zoning code.
(Ord. 239, § 1102, passed 1-22-2000; Am. Ord. 23-02, passed 2-13-2023)
(A) Undue hardship as used in connection with the granting of a variance means:
(1) The property in question cannot be put to a reasonable use if used under conditions allowed by Chapters 151 and 152;
(2) The plight of the landowner is due to circumstances unique to his or her property not created by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality.
(B) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter.
(C) Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties.
(D) A variance may not be granted for any use that is not permitted under this chapter for the zone in which the property is located.
(E) Undue hardship, as used in connection with the granting of a variance, includes direct sunlight for solar energy systems.
(Ord. 239, § 1103, passed 1-22-2000)
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